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202421 CUTLER REPAVING INC - CONTRACT - BID - 6077 HOT-IN-PLACE RECYCLING PROJECT (2)
CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages ' BID INFORMATION 00300 Bid Form 00300-1 - 00300-3 CONTRACT DOCUMENTS 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00610 Performance Bond 00600-1 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 ' 00640 -Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release(Contractor) 00650-1 - 00650-2 ' 00660 Consent of Surety 00670 Application for Exemption Certificate 00660-1 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 ' 00950 Contract Change Order 00960 Application for Payment 00950-1 - 00950-2 00960-1 - 00960-4 SPECIFICATIONS LJ 1 OWNER: CITY OF FORTT CgOLLI-NSQQ B y : CA JAMES iB. 'NEILL II, CPPO, FNIGP ECTOR OF PURCHASING AND RISK MANAGEMENT Date: G L� Attest: _AAA /n M Ci Address for g P. O. Box 580 ' Fort Collins, CO 80522 ' Approved as to Form Assis t Ci y Attorney 1 1 CONTRACTO : Cutler Repaving, Inc. Charles R. Veskema Title: President Date: � &iZ (C PORATE SEAL) Attes 46!mc�— Secretary / Treasurer Address for giving notices: 921 E 27th St Lawrence, KS 66046-4917 LICENSE NO.: Section 00520 Page 6 1 SECTION 01510 TENIPORARY UTILITIES 1.1 UTILITIES A. Furnish all utilities necessary for construction. ' B. Make arrangements Owner to the be with as amount of water required and time when water will needed. 1. Meters may be obtained through the Water Utility Meter Shop at 221-6759 2. Unnecessary waste of water will not be tolerated. C. Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor. 1.2 SANITARY FACILITIES A. Furnish temporary sanitary facilities at each site for the needs of construction workers and others performing work or furnishing services on the Project. B. Properly maintain sanitary facilities of reasonable capacity throughout construction periods. C. Enforce the use of such sanitary facilities by all personnel at the site. D. Obscure from public view to the greatest practical extent. ' END OF SECTION [] General Requirements - Page 10 of 13 SECTION 01560 TEMPORARY CONTROLS 1.1 NOISE CONTROL A. Take reasonable measures to avoid unnecessary noise when construction activities are being performed in populated areas. B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work. C. Cease operation of all machinery and vehicles between the hours of 6:00 p.m. and 7:00 a.m. 1.2 DUST CONTROL A. Dusty materials in piles or in transit shall be covered when necessary to prevent blowing. B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist with water or by application of a chemical dust suppressant. 1. Chemical dust suppressant shall not be injurious to existing or future vegetation. 1.3 POLLUTION CONTROL A. Prevent the pollution of drains and watercourses by sanitary wastes, concrete, sediment, debris and other substances resulting from construction activities. 1. Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site. 2. Prevent sediment, debris or other substances from entering sanitary sewers, storm drains and culverts. 1.4 TRAFFIC CONTROL A. Maintain traffic control in accordance with the "Manual of Uniform Traffic Control Devices" (MUTCD), the City of Fort Collins "Work Area Traffic Control Handbook', and the City of Fort Collins "Design Criteria and Standards for Streets", Part 2, General Requirements, Subsection 1.4, "Barricades Warning Signs, Signal Lights". In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern. 15 HAUL ROUTES The Engineer reserves the right to set haul routes in order to protect pavements, both new and old, from heavy loads. These pavements may include, but are not limited to, recently constructed pavements, recently overlaid pavements, and/or pavements whose condition would be significantly damaged by heavy loads. END OF SECTION General Requirements - Page l l of 13 [1 SECTION 01700 CONTRACT CLOSEOUT ' 1.1 CLEANING AND RESTORATION A. Return the premises and adjacent properties to conditions existing or better than existing at the time the work ' was begun. This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities damaged or soiled during construction. The Engineer will be the judge of the degree of restoration required. 1 END OF SECTION 11 General Requirements - Page 12 of 13 11 SECTION O1800 METHOD OF [MEASURENIENT AND BASIS OF PAYMENT 1.1 DEFECTIVE WORK A. Owner will not pay for defective work and will not pay for repair or additional work required to bring the project to a point of acceptance. 1.2 BID PRICE A. The Total Bid Price covers all Work required by the Contract Documents. All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the prices bid for the various items of Work. B. Prices shall include all costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment and tools; and performing all labor and supervision to fully complete the Work. C. Unit prices shall govern over extensions of sums. D. Unit prices shall not be subject to re -negotiation. 1.3 ESTIMATED QUANTITIES A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment shall be the actual amount of materials furnished and Work done. B. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount of Work actually performed and materials actually furnished and the estimated amount therefore. END OF SECTION General Requirements - Page 13 of l3 The Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction", 2005, and the Larimer County "Urban Area Street Standards," latest revisions (hereafter referred to as the "Standard Specifications") are made a part of this Contract by this reference, except as revised herein, and are hereby adopted as the minimum ' Standard Specifications of Compliance for this project. In those instances where the Standard Specifications conflict with any of the provisions of the preceding Sections, the preceding Sections shall govern. ' INDEX OF REVISIONS SECTION 105 Inspection of Work 105 Maintenance During Construction 107 Protection and Restoration of Property and Landscape 108 Prosecution and Progress ' 210 Adjust Manholes, Valve Boxes and Meter Boxes 405 Heating and Scarifying Treatment 0 [1 1 1 REVISION OF SECTION 1.05 NIAINTENANCE DURING CONSTRUCTION Section 105 of the Standard Specifications is hereby revised as follows: Subsection 105.10 shall include the following: The Contractor shall keep the Engineer informed of his future construction operations to facilitate scheduling of required inspection, measuring for pay quantities, and sampling. The Contractor shall notify the Engineer a minimum of 43 hours in advance of starting any construction operation that will require inspection, measuring for pay quantities, or sampling. Failure of the Contractor to provide such notice will relieve the owner and the Engineer from any responsibility for additional costs or delays caused by such failure. Inspection.of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract as prescribed. Work and materials not meeting specifications shall be corrected and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer or that payment therefore has been included in the progress estimate. The City's commitment to our Environmental Management System (EMS) requires that vehicles on City projects shall comply with the adoption of a "Limitation on Engine Idling" to reduce environmental impacts related to construction. Please comply with turning off vehicles instead of idling for long periods (more than three minutes, as a general rule). Subsection 105.19 shall include the following: The roadway area, including curb, gutter, and sidewalk, adjacent to and through the construction area shall be cleaned of debris by the Contractor at the earliest opportunity, but in no case shall the area be left unclean after the completion of the day's work. It shall be the Contractor's responsibility to provide the necessary manpower and equipment to satisfactorily clean the roadway area. The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed to clean the streets. All sweeping and clean up equipment shall be approved by the Engineer prior to the commencement of work. The Contractor shall maintain the streets during the construction process as prescribed above If a street requires additional sweeping by City forces, the Owner shall deduct from compensation due the Contractor sufficient funds to cover the Owner's cost to provide said service. All cost of maintaining the work during construction and before the project is accepted will not be paid for separately, but shall be included in the work. END OF SECTION Project Specifications - Page 2 of 10 1 Ll I I REVISION OF SECTION 107 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE Section 107 of the Standard Specifications is hereby revised as follows: Subsection 107.12 shall include the following: The fact that any underground facility - sprinkler systems, utility services, etc. - is not shown on the plans, details or construction documents shall not relieve the Contractor of his responsibilities as provided for in the Contract. It shall be the Contractor's responsibility, pursuant thereto, to ascertain the location of such underground improvements which may be subject to such damage by reason of his operations. Any pruning of vegetation shall require the written permission of the property owner and/or the Engineer. All costs for protecting and restoring landscaping and lawns shall be considered a subsidiary obligation of the Contractor in connection with the various items of the Work, and no measurement or payment shall be made separately for the protection and restoration of landscaping and lawns. All restoration of landscaping and lawns damaged by construction operations, other than concrete repair, shall take place within three (3) working days from the date of damage. All labor, materials, tools, equipment, incidentals, and work involved in protecting or repairing underground facilities shall be considered incidental to the work being done and shall not be measured and paid for separately. Care shall be taken by the Contractors personnel when walking on adjacent sidewalk, curb, gutter, and medians to minimize tracking oil, asphalt, etc on to the surface of the concrete. Concrete surfaces that have shoe prints from personnel shall be power washed prior to completion of the area work. END OF SECTION Project Specifications - Page 3 of 10 0 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows: Subsection 108.03 shall include the following: This work shall be completed within the following calendar months: JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC It is the intent of this project to be completed within thirty five (35) consecutive working days after work commences. Other restrictions are as follows: Pavement installation may be required to be performer) on Saturday or Sunday at major intersections. END OF SECTION Project Specifications - Page 4 of 10 I REVISION OF SECTION 210 ' ADJUST MANHOLES, VALVE BOXES, METER BOXES Section 210 of the Standard Specifications is hereby revised as follows: Subsection 210.02 is revised to include the following: Manholes, valve boxes, meter boxes, and all other similar structures located in a pavement shall be adjusted as noted below. Prior to beginning any construction on existing streets that will receive reconstruction and/or overlay, the Contractor shall mark on the curb and gutter with paint the location of all existing structures. These markings shall be ' maintained by the Contractor until the work has been completed and accepted by the Engineer. The Contractor shall do all work needed to ensure that said structures can be readily adjusted and shall have all necessary materials on hand prior to commencing the work. All structures shall be adjusted to be 1/8" to 5/8" below the pavement. When the manhole adjustment is complete, the slope of the top surface of the manhole cover shall match the slope of the pavement in both the longitudinal and traverse directions to within one percent. All Valve box adjustments shall be no greater than 1/4" below the pavement. The Engineer shall determine the method of adjustment for each structure. Valve boxes shall be adjusted by one of the following methods: 1. Adjust by removing the existing pavement (concrete or asphalt), adjusting the valve by turning it to the ' proper grade, trimming the existing asphalt by cutting vertical edges, then spreading and mechanically compacting bituminous material. This item will be measured and paid for separately under "Adjust Valve Box", not including bituminous material. 2. Adjust with adjusting rings. These items will be measured and paid for under "Adjust Valve Box with Ring", including material (parts). ' The Contractor shall exercise reasonable care while attempting to adjust the valve boxes. If the Contractor is negligent and breaks the valve box, said valve box shall be replaced at the Contractor's expense. Adjusting rings for valve boxes shall be of the type manufactured by the Tyler Manufacturing Company or an ' approved equal. Manholes shall be adjusted with adjusting rings. This item will be measured and paid for separately under "Adjust ' Manhole with Ring". Rings shall be provided by the City. Manhole covers which is unstable or noisy under traffic shall be rep Iaced/re-installed by the Contractor, as directed by the Engineer. ' The Contractor shall be responsible for immediately cleaning out all construction materials that may fall into manholes, valve boxes, or other structures during the construction process. ' In the event that a structure was not properly adjusted (i.e. too high or too low), written notice will be given by the Engineer to the Contractor requiring the Contractor to make the necessary adjustments within five (5) working days. Lj Project Specifications - Page 5 of 10 11 REVISION OF SECTION 210 ADJUST MANHOLES, VALVE BOXES, METER BOXES In the event that the structure is not adjusted within said time frame, the Engineer shall have the right to engage a third party to complete the work, and to withhold the cost of such work from payments due the Contractor. The Engineer will also notify the Contractor in writing of any structures that were covered during the paving operation. The Contractor shall then have five (5) working days to make said structure accessible or will be subject to the constraints of the previous paragraph with respect to a third party completing the work. BASIS OF PAYMENT Subsection 2 10. 13 is revised to include the following: Payment will be made under: Pay Item Pay Unit 210.01 Adjust Valve Box Each 210.02 Adjust Valve Box with Ring Each 210.03 Adjust Manhole with Ring Each The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in adjusting structures, complete -in -place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION Project Specifications - Page 6 of 10 SECTION 00530 NOTICE TO PROCEED Description of Work: 6077 Hot In Place Recycling Project 2012 Renewal To: Cutler Reoavina, 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: Cutler Repaving, Inc. By: Title: Section 00530 Page 1 I REVISION OF SECTION 405 HEATING AND SCARIFYING TREATMENT Section 405 of the Standard Specifications is hereby deleted for this project and replaced with the following: DESCRIPTION This work shall consist of rehabilitating the existing surface layer of existing asphalt pavement. Rehabilitation shall be done with specially designed equipment in a simultaneous multi step process of heating, scarifying, applying an asphalt rejuvenating agent, and thoroughly re -mixing and re -shaping the old asphalt surface, and then placing an overlay of new hot mix bituminous pavement in compliance with the lines, grades, thickness and typical cross sections shown on the plans or established by the Engineer. The work shall include compacting the rehabilitated ' surface. NOTE: This work shall be performed with a single machine that heats, scarifies, rejuvenates, and spreads virgin material all in one continuous pass. Additional pre -heaters may be utilized to achieve specified depth and temperature. ' Turn Bays delineated by median curb will not be included in this project. Signal Loops will be removed by the contractor and properly disposed off site. ' Taper or surface planing will be provided prior to construction under separate contract. MATERIALS ' Asphalt rejuvenating agent used to restore the existing pavement shall be approved by the Engineer prior to use, and shall conform to Section 702.04 and revisions thereto. A manufacturer's certification shall be submitted for each ' load of rejuvenating agent delivered to the project. The City shall supply sufficient cores at various locations representing the entire project to determine the bitumen content, absolute viscosity and penetration of the bitumen in the top l"of the pavement. The Contractor shall utilize ' this data to establish the type and amount of rejuvenating additive. The recommended amount, with the test data and core Locations, shall be submitted with the rejuvenate mix design to the Engineer 30 days prior to construction for approval. Rejuvenating agent will be paid by the gallon of actual field measured quantities. Costs associated with producing the mix design will not be measured or paid for separately, but will be considered incidental to the work. Grading S (100) PG 64-22 hot mix bituminous material will be provided by the City, including haul to the project, under separate contract. ' EQUIPMENT The Contractor shall specify in the bid proposal the type of equipment intended for use on this project. The ' equipment shall be on the project in operating condition a minimum of 24 hours before beginning operations to allow for evaluation by the Engineer. The Engineer reserves the right to reject equipment deemed not suitable for the intended purpose at no additional cost to the City. ' The recycling equipment shall meet the following requirements: Repaver Equipment The equipment for this work shall be a self-contained, self-propelled, automated unit capable of heating, scarifying (or milling), mixing with approved rejuvenate, redistributing, and leveling the existing asphalt pavement to the specified depth of one (I) inch, all in a single pass. t ' Project Specifications - Page 7 of 10 REVISION OF SECTION 405 HEATING AND SCARIFYING TREATMENT It shall have a means of automatically applying an asphalt rejuvenating agent at a uniform rate as shown on the plans or as directed by the Engineer. It shall be capable of applying a one (t) inch new hot mix bituminous pavement layer over the hot, partially compacted recycled mixture. Heating Unit This unit shall be hooded to prevent damage to adjacent property and plant growth, including trees and shrubs. It shall be capable of heating the pavement surface to a temperature high enough to allow scarification to the required depth without breaking aggregate particles or charring the pavement surface. Scarifying or Milling Units The scarifiers or rotary millers shall be able to penetrate the pavement surface to a minimum depth of one (1) inch in one pass. Scarifiers or millers shall be equipped with separate, automatic height adjustments which allow clearance over manholes and other obstructions. Rejuvenating Agent Applicator This system shall automatically add rejuvenating agent to the scarified material at a uniform rate as approved by the Engineer. The application rate shall be synchronized with the machine's forward speed to maintain a tolerance within 5% of the specified rate. The Contractor shall provide detailed information regarding calibration within six months of the beginning of the project. Conveying System This system shall consist of a receiving hopper and conveying system to collect and transport new hot mix bituminous pavement material to the finishing unit. Recycling Unit This unit shall consist of a system which mixes, distributes, and levels the scarified material over the width being processed to produce a uniform cross-section, grade and texture of recycled material. Finishing Unit This unit shall have automatic screed controls to produce a surface conforming to that shown on the plans or as directed by the Engineer. The unit shall be capable of producing a uniform slope, grade and texture. Rollers Rollers shall conform to Section 401 and revisions thereto. CONSTRUCTION REQUIREMENTS Immediately before pavement recycling, the pavement to be treated shall be broomed or otherwise cleaned of all loose particles, trash, debris, earth or other deleterious materials. All weeds in the gutter line shall be removed. The Contractor shall use all means necessary to prevent the spread of dust and debris during the performance of the work. The Contractor shall be responsible for protecting the area adjacent to the work from heat damage. [fdamage occurs, the Contractor shall replace all damaged areas, landscape, curb, parked vehicles, overhead lines, etc., at no cost to the City. Where equipment comes into contact with tree branches and other plant material, the contractor shall exercise suitable caution to avoid damage to all trees, shrubs, and other plant material. All trimming shall be performed under the direction of the Engineer or City Forester. Project Specifications - Page 8 of 10 I REVISION OF SECTION 405 ' HEATING AND SCARIFYING TREATMENT The Contractor shall provide fire fighting equipment, which will not be measured or paid for separately, but shall be considered incidental to the work. The heating shall be sufficient to soften the pavement to the extent that it can be scarified or milled to a depth of one (1) inch. Heating shall be done in a manner that will assure uniform softening and will not char the asphalt. To provide a welded longitudinal joint, the standing edge of the adjoining asphalt pavement shall be fully heated to a width at least 2 inches beyond the width to be scarified and rejuvenated. When a pass is made adjacent to a previously placed mat, the longitudinal seam shall extend at least 4 inches into the previously placed mat. iImmediately following heating, the pavement surface shall be scarified or milled to the specified depth. The scarified material shall have a temperature between 225* and 265' F, unless otherwise directed by the Engineer. The material shall be leveled, mixed and treated with a rejuvenating agent. The application rate shall be as shown on the plans or as approved by the Engineer. Application rate for the rejuvenating agent may be adjusted as necessary to maintain a uniform mixture. New hot mix bituminous pavement material shall be added to the reclaimed mixture by the following method: The reclaimed material shall be gathered by a leveling device and spread to a uniform depth over the width being processed. After it is placed, and while it still has a residual temperature of at least 190' F, a one (1) inch layer of new hot bituminous pavement material shall be placed over it. Grading S or SX hot mix bituminous material will be provided by the City, including haul to the project, under separate contract. ' Compaction equipment shall be of sufficient type and size to compact the surface course to the required density. Due to varying properties of the existing asphalt pavement, the following adjustments shall be made if required and as directed by the Engineer. Depth of scarification may be varied. • Application rate for rejuvenating agent or other asphaltic material may be adjusted as necessary to maintain a uniform mixture. '0 Application rate for new hot mix bituminous pavement (pounds per square yard) may be adjusted to maintain the design depth of combined recycled and new hot bituminous pavement. The Contractor shall place temporary pavement marking tape on the newly overlaid roadway for the purpose of temporary delineation. The temporary pavement marking tape shall be placed daily, on the former alignment of previously existing centerline and lane line striping, on the area paved. The Contractor shall be responsible to ensure accurate placement of the temporary pavement marking tape. ' Temporary tape being placed shall be reflective and uniform in color to the existing striping color. The Contractor shall place the temporary pavement marking tape in two (2) foot strips, at twenty foot (20') maximum spacing. The cost of temporary pavement marking tape and installation shall not be measured or paid for separately, but shall be included in the cost of the Work. Temporary pavement marking tape shall be submitted for approval by the Engineer prior to construction. ' TRAFFIC CONTROL Traffic Control will be provided by the City of Fort Collins Streets Department under separate contract. Extensive coordination between the Contractor and the Streets Department is required. The Contractor shall meet with the TCS a minimum of seven (7) days prior to construction to coordinate the traffic control necessary to complete the project. In the event the project is delayed, the Contractor is required to notify the TCS a minimum of 24 hours prior to starting work again. ' Project Specifications - Page 9 of t0 L REVISION OF SECTION 405 HEATING AND SCARIFYING TREATNIENT All work shall be performed between the hours of 7:00 a.m. and 6:00 p.m., weekdays, or as directed by the City Traffic Department. Work may be required at major intersections on Saturday and Sunday. STAGING AREA The Contractor is solely responsible for finding and securing a suitable staging area. The location of the staging area must be submitted and approved by the Engineer prior to use. Written authorization to use private property to store equipment and materials shall be obtained from the property owner and submitted to the Owner prior to mobilization and use. The Owner shall be allowed access to the load site at all times. The Contractor shall also submit a letter of indemnification to the Owner and the property owner. MANHOLES AND WATER VALVES Manholes & valves shall be adjusted immediately following the paving operation, using rings provided by the City as described in Revision of Section 210, Adjust Manholes, Valve Boxes, Meter Boxes enclosed herein. WEATHER LIMITATIONS Weather limitations for work on this item shall be a minimum of 50' F, and rising. METHOD OF MEASURENIENT Heating and scarifying treatment will be measured by the square yard completed and accepted. Rejuvenating Agent will be measured by the gallon of actual material used in place. BASIS OF PAYNIENT The accepted quantities of pavement recycling will be paid at the contract unit price per square yard. Payment shall include cleaning the existing pavement surface, heating, scarifying, redistributing, leveling, placing and compacting bituminous pavement. Asphalt rejuvenating agent will be paid for by the gallon used in place. Payment will be made under Pav Item Unit 405.01 Hot -In -Place Recycling Square Yard 405.02 Rejuvenating Agent Gallon END OF SECTION Project Specifications - Page l0 of 10 SECTION 01100 ' QUANTITY ESTIVATE This work shall consist of scarification and rejuvenation of the existing asphalt surface and installation of recycled and new asphalt material including adjustment ofmanholes and water valves on designated streets in the City of Fort Collins. Specific locations are described herein. All quantities stipulated in the Bid Schedule at unit prices are approximate and are to be used only as a basis for estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work. The basis of payment shall be the actual amount of materials furnished and Work done. ' Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount of Work actually performed and materials actually furnished and the estimated amount therefor. 1 1 H u J N 7 � vl V 0 — Y N Y '. M In o0 InM in�� V In Y 7 O 'n In In 7 1 Y r In In In M M N N M M_ r./ M c'1 M M M In M N N N N jZi T CS G 1 L O O 0 0 O O O O 0 0 O O r Y 7 � n O 0 0 O j O O O O O O C5 ri ci N Q m 1 - N zJ - O U V S — cz N N z - ^ �✓: �V s r :n il I 1 J I I SECTION 03500 PROJECT NIAPS ' In Order of Priority S Taft Hill: S of Drake Rd to N of Horsetooth Rd Drake Rd: Meadowlark Ave through Shields intersection to E of Dunbar Ave (to concrete pavement) ' S Lemay: Muirfield Dr to S of Trilby Rd Intersection Ziegler: S of E Harmony Rd to N of Kechter Rd (north side of round -a -bout) Timberline: S of Tribly Rd to N side Carpenter Rd Overall 2012 Program Map l F I 1 I I Fort of S TAPT HILL f- TAFT HILL AREAS I 1 1 1 1 i 1 11 1 1 1 u 1 1 1 1 1 n 1 FortCollins 5 LEMAY AREA �.ao„ 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 ' Fort Collins ZIEGLER AREA �V r E Fort Collins TIMBERLINE AREA , LE ' City of 201 2 Street Maintenance Program (SMP) Fort Collins (Subject to Change) LI I I 1 11 I t ' SECTION 00610 PERFORMANCE BOND ' Bond No. 37BCSGF7130 KNOW ALL MEN BY THESE PRESENTS: that (Firm) Cutler Repaving, Inc, (Address) 921 East 27th Street, Lawrence, KS 66046 (an Individual), (a Partnership), (a corporation), hereinafter referred to as ' t the "Principal" and (Firm) Hartford Fire Insurance Company (Address) Hartford Plaza, 690 Asylum Ave., Hartford, CT 06115 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 Four Hundred Seventy -Three Thousand Two Hundred Seventy Dollars ($473,270.00) 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 31st day of May, 2012, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 6077 Hot In Place Recycling Project 2012 Renewal. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditio.n,s 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 inmaking 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 this bond; and it does hereby waive shall in any way affect its obligation notice of any such change, extension on of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final set Ciement between ti.e OWNER and the Rev 10/20/07 Section 00610 Page 1 11 I ' CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an, original, this 8th day of June , 2012. 11 1' (Corporate Seal) IN PRESENCE OF: 11 Principal Cutler Repvaing, Inc. _ cis nn� . (Title) President Chg ft R. yam& 921 East 27th Street, Lawrence, KS 66046 (Address) Other Partners By:_ By: �, IN P ESENCE.OF: surety Hartford Ha�rtforrd Fim- rance Company By: t G-✓� Robert B. Fiss, Attorney -in -Fact BY: 5225 W 75th St. 5te. 200 Shawnee Mission KS 66208 (Address) (surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. MIf CONTRACTOR is Partnership, all partners should execute Bond. IRev IM0/07 Section 00610 Pay-- 2 r I I' SECTION C0615 PAYMENT BOND Bond No. 37BCSGF7130 ' KNOW ALL MEN BY THESE PRESENTS: that 1 ( Fir,,;) Cutler Repaving, Inc. (Address) 921 East 27th Street, Lawrence, KS 66046 ' (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and ( Firm) Hartford Fire Insurance Company Hartford Plaza, 690 Asylum Ave. (Address) Hartford, CT 06115 ' 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 ' S1m of _Four Hundred Seventy -Three Thousand Two Hundred Seventy Dollars ($473,270.M 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 31st day of May, 2012, a COPY of which is hereto attached and made a part hereof for the performance of M The City of Fort Collins project, 6077 Hot In Place Recycling Project 2012 Renewal. 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 M 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 cf 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 Rev 10120•M7 Section 0061S page .1 I I ' may be unsatisfied- (' PROVIDED, FURTHER, that the business in the State of Colorado Surety Company must be authorized to transact and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 8th day of June 2o12- I , PR ENCE OF: Principal Cutler Repavi , Inc. L By: da. e,�,�PYm Charles R. Veskea Pf981deM (Title) 921 East 27th Street, Lawrence, KS 66046 (Address) (Corporate Seal) - IN PRESENCE OF: Other Partners IN PRF3ZNCEOF': SuretyHartford Fit ce Company Robert B. iss, Horney-m- ac M By: 5225 W. 75th St., Ste. 200, Shawnee Mission, KS 66208 (Address) (Surety Seal) M NOTE: Date of Bond must not be prior to date of Agreement. IfCONTRACTOR is Partnership, all partners should execute Bond. M IRau 10/20/07 Section 00615 Page. 2 11 1'' ' t u Direct tnquiriesycfafms to: POWER OF ATTORNEY ToEBND,T-4 D Hartford Plan Hartford, Connecticut 06166 call: 886-2663488 or fax: 860-757.6835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 37-28t D99 0 Hartford Fire Insurance Company, a corporation duly oreartiaai under the laws of the Same of Counccticur 0 Hartford Casualty Insurance Company, a cnrpnmtion dndyorpnized urderthelaws ofthe State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Cooneet;ctn Hartford Underwriters Insurance Company, a corporation duly organized under the ices of tlx State of Connecticut O Twin City Fire insurance Company, a corporation duly oreauzed underthu lens of the State of Indiana Hartford insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the.811dwest a corporation duly erguuized under !be laws of the Stare of Indiana Hartford insurance Company of the Southeast, a corporation duly organized under the laws ofthe State of Florida having their home office in. Hartford, Connecticut (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Conya C. Harris of Fat Worth TX, Robed S. Fiss, Scott y. Fits, Droste D. MiJ.tedge, Melissa L. Cry, Patrice hf. Larsen, Judith A. Page of Shawnee Mission, KS the;r true and lawful Attomey(s)-in-Fact. each in their separate capacity if more than one is reamed above, to sign its name as surety(ies) only as delineated above by 0. and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written Instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary.. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. �rrs�er„ pier r,.»u. r glwr a*.':t. ar"ry.`t raze e.,�Ja Wesley W. Cowling, Assistant Secretary STATE OF CONNECTICUT Hartford COUNTY OF HARTFORD 7 M. Ross Fisher, Assistant Vice President, On this 3o day of November, 2008, before me personally came fA. Ross Fisher. to me known, who being by me duly sworn, did dopose and say: that he resides in She County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument that he known the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals: that theywere so affixed by authority of the Boards of Directors of said corporations and If= he signed his name thereto by like authority. � Seen G Fai.ka CERTIFICATE M, C..;.ine l3yims Oro!nr 31, ZDC I, the undersigned, Assistant V.-ce President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the.Power of A.ffomey executed by said Companies, which is still in full force effective as of ,June 8, 2012 Signed and saaied at the City of Hartford. lY,rJ 97 �•t �.2 "++°w:r 4.+ ` .r '•r = .•+s'JSg, :1970 s1 � raja f-"�• a ) Gary'N. Stumper, Assistant Vice President r I 1 ' SECTION 00630 CERTIFICATE OF INSURANCE ' - CONTRACTOR shall insert his own standard form for Certificate of Insurance. 1 1 1 Rev 10/20/07 t Section 00630 Page 1 OP ID: MO '`����� CERTIFICATE OF LIABILITY INSURANCE DAT06/08D/YYYY) os/ofin z 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 endorsements . PRODUCER Johnston Fiss Insurance 913-396-0600 5225 West 75th Street, #200 913-396-0835 Shawnee Mission, KS 66208 CONTACT NAME: Sand Jones AICNNo Ell, 913-396-0812 plc No): 913-396-0835 ADDRESS, sandyjones@johnstonfiss.com PRODUCER CUTLE-2 CUSTOMERID#: INSURER 5 AFFORDING COVERAGE NAIC # INSURED Cutler Repaving, Inc. INSURER A: Wausau Underwriters 26042 Attn: Bob Veskerna INSURER B: LibertyInsurance Corporation 42404 921 E. 27th Street Lawrence, KS 66046 INSURER C : Cincinnati Insurance Co. 10677 INSURER o: Wausau Business Ins Co 26069 INSURER E NSURER F: 14 COVERAGES r:FRTIFIr:ATF NIIMRFR- DFVICIr1M MI IMDFD. 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 rypE OF INSURANCE ADDL UB POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS D GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X Waiverof Subro X YVK-Z91.457438-031 08101111 08/01112 EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 X Blkt Add'llnsd GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATELIMIT APPLIES PER' POLICY X PRO LOC PRODUCTS - COMPIOP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON-OWNEDAUTOS Blkt Add1lnsd ASJ-Z91-47438-021 08101111 08101112 COMBINED SINGLE LIMIT (Ed accident) $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) 8 PROPERTY DAMAGE (Per accident) $ X X $ X $ C X UMBRELLA LIAB EXCESS LIAB I X OCCUR CLAIMS -MADE CCC1152728 08101111 08101112 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DEDUCTIBLE RETENTION $ g X $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N OFFICER/MEMBER EXCLUDED] ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA WC7-Z91-457438-011 08101111 08101112 X WCSTATU- OTH- I TOR E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,00 ESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If mom space Is required) Project: 6077 Hot in Place Recycling Project - 2012 Renewal. City of Fort Collins, CO is named as Additional Insured as respects this project City of Fort Collins 300 Laport Ave. Fort Collins, CO 80522 CITYF01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORQED REPRESENTATNE © 1988-2009 ACORD CORPORATION_ All rinhte rasamad It CORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD SECTION 00300 BID FORM 11 ' SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION ' TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 6077 Hot In Place Recycling Project PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Cutler Repaving, Inc. CONTRACT DATE: May 31, 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. ' 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. By: O CONTRACTOR AUTHORIZED REPRESENTATIVE DATE I 11 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 REMARKS: Rev 10/20/07 AUTHORIZED REPRESENTATIVE Section 00635 Page 1 DATE SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE , 20 TO: Cutler Repaving, Inc. Gentlemen: You are hereby notified that on the _ day of , 20 , the City of Fort Collins, Colorado, has accepted the Work completed by for the City of Fort Collins project, 6077 Hot In Place Recycling Project 2012 Renewal. 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 May 31, 2012. In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: 1 20 . Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: Rev10/20/07 Section 00640 Page 1 I F� I SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Cutler Repaving, Inc. (CONTRACTOR) PROJECT: 6077 Hot In Place Recycling Project 2012 Renewal 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. Rev 10/20/07 Section 00650 Page 1 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this ATTEST: Secretary STATE OF COLORADO day of CONTRACTOR By: Title: )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 20 , by Witness my hand and official seal. My Commission Expires: Notary Public , 20 day of Rev10/20/07 Section 00650 Page 2 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Cutler Repaving, Inc. PROJECT: 6077 Hot In Place Recycling Project 2012 Renewal CONTRACT DATE: May 31, 2012 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of , (Surety Company) By ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in- Fact. Rev 10/20/07 Section 00660 Page 1 I SECTION 00670 Section 00670 Page 1 I 1 1 1 r-, 1 [J 1 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) 0 nn NOT WRITF IN THIC CPAr'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 OOR) Period 0170-750 (999) $0.00 89 - CONTRACTOR INFORMATION: I Trade name/DBA: Owner, partner, orcorporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employers Identification Number: Bid amount for your contract: Fax Number. ( ) Business telephone number: Colorado withholding tax account number. Copses oficontract or agreement pages+(I) identifying the contracting parties _c ,EXEMPTION INFORMATION and (2) containing'signatures-of contracting parties must be attached Name of exempt organization (as shown on contract): Exempt organization's number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County lies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: completion date: i declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: DO NOT WRITE BELOW THIS LINE Section 00670 Page 2 Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a 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. Section 00670 Page 3 I 1 1 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITION'S have been developed by using the ST:�\DARD GE MRAL CONDMONS OF THE- CON RUCTION CONTR4CT ptcliared by. the Engiticcrs.Joint Contract Documents. Cotnniittec, FJQIX"No, 191f1•S (1990 Edition), asa Iztsc. Changosto that doewnent are shown by underlining text that has been added and striking through teat that hasbeen deleted. [ CDC GENERAL CON-DITIONS I910-3 (19.90 EDITION) Wl'fH CI1`Y OF hQRff COLLINS MODIFICANONS (IZEV 9/99) Item No. Description Unit Contract Quantity Unit Price Total Cost 405.01 Hot -In -Place Recycling SY 165,000.00 $ 2.47 $ 407,550.00 405.02 Rejuvenating Agent Gallon 12,800.00 $ 3.50 $ 44,800.00 210.01 Adjust Valve Box Each 72.00 $ 85.00 $ 6,120.00 210.03 Adjust Valve Box with Ring Each 7.00 S 100.00 $ 700.00 210.05 Adjust Manhole with Ring Each 94.00 $ 150.00 $ 14,100.00 TOTAL COST $ 473,270.00 Four Hundred Seventy Three Thousand Two Hundred Seventy Dollars and No Signed aat p C-iaY6 ddress Company Cutler Repaving, Inc. Phone/Fax Check One: Individual Doing Business in Company Name Corporation Partnership Partnership Rev 10/20/07 921 E 27th St Lawrence, KS 66046-4917 785-843-1524 785-843-3942 Section 00300 Page 1 Cents I I I I I LJ I I I I I I I I Article or Paragraph ..Number &Title DEFINITIONS TAEILE' OF CONTENTS OF GENERAL CONDITIONS, Prige Article or Paragraph Number KumbLr x-Titic 1.1 Addenda 11 1.2 Agreement ..........................................:1 b Application for Payment * * ... * * ......... * ... 1 1A Asbestos ................................. I., .......... 1 1.5 -Bid.." ...................................... 1 1.6 Bidding Documents ........................ 117 Bidding, Requirements ... . ..... 1.11 Bonds 1 1-9 Change Ordei ........... I.lil Contract Documents__,__.,,, 0 1 Contract Price, 1.12 Contract Times.:;___ 1.13 CONTRACTOR 1 1.14 ckfective I I , 15 Drawings........._ _ ...... __ ......... .... 1.16 Effective Date of the Agreement.,,,,_,.,, 1 1; 17 ENGWEER...:....:..............................:.I 1.18 ENGINEERS Consultant 1 119 rder,:,,............ Field Order,:,,.,,-._.,- L 1_20 General Rcquircmcras.. 1.71 Hazardous Waste 7 I; .a. Laws and Regulations; I,iwsur Regulations,- 1 22.b _ Lesal Holidays .. ................ 2 1.23 Liens 1.24 Nfileslone. 2 1.25 Notice of Award 1.26 Notice to Procced 2 1.27 OWNER 2 1.28 Partial Utilization ...... I ......................... 2 1.129 PCBs...... 1-30 Petroleum ................. 1.31 Project'..._ ..... ... ... .... * ................... . 1.31a Radioactive Matcrial_ 132.b Regular Working Hours,____ ......... :.2 133 Resident Project 7[Zepresentative- --------- 1.34 Samples: 2 1.35 ............................................. Shop D6wings.,_.,,, 136 .................. Specifications ........................... 11 .......... ...... 117 Subcontractor L 3S Substantial Completion._. I., ....... _2 1.39 'Supplementary Conditions ........... 1.40 Supplier,,,,;,,,,,,;,, 1.41 Underground Facilities,-._,,::__„ 2-3 1 Ai Unit Price Work ......... .......... q ........... �3 1.43 Work 3 1.44 Work Change Directive-,_,..._,,.,__,-, ,' 1.45 Written Amendment . .......... Page No m ber PRrLINEWARY CLATTERS:,..-.,-- ......... 3r 2.1 Delivery of Bonds,_, ........................ .3 2.2 copies or Documents........_.............3 23 Commencement of Contract Times; Notice to Proceed;,,,,,,,,,,,,,, 3 14 Starting the Work, ............................ 3 2.5-2.7 Before Starting ConsEructiow, CONTRACTORs Responsibility to Report; Preliminary SLhedilcs: Delivery of Certificates of Insurance 3-4 2.8 Preconstruction Conference,,,,,,,,_, ;.4 2.9 Initially Acceptable Schedules--, -------- 4 3., C(JLN7RA.CT DOCLNENTS: DITENT AMENDUNG, REUSE_ ........... ; ............... ............ 4 3.1-3:2 Intent 3.3 Reference to Standards and Speci- fications or Technical Societies: Reporting and Resolving Dis- crepan6c-s ............ : ............ 4-5 3.4 fruent ofCcrtainTcrms or Adjectives ...... .... : ...... _ ............... 5 15 Amending Contract Docurients, .... 5 3.6 Supplementing Contract Documents 5 3.7 Reuse of Docum enLS 5r 41 AVAILABILITY OF. LANDS; SUBSURFACE rV\U PHYSICAL CO . NUITIONIS: REFERENCE POLNITS .........................................5 4.1 Availability of Lands ...... ...... 5-6 4.2 Subsurface and Physical Conditions 6 4.2.1 Reports and Drawings ......... ............ 0 4.2.2 Limited Reliance by.CONTRAC- TOP, Authorized; Te6nical Data `,, 6 4.2.3 Notice of Differing Sut�WrtiCe or Physical Conditions•, ................. 6 4.2,4 FNGrNF.ER!.s Review 6 4_13 Possible Contract Documents Charu,c ........... 6 4.16 Possible'Pricc and Tiffies Adjustments....-,- ,-, �f?-7 4.3 Physical Concitions-'Underground Facilitics....................................... 7 4:3.1'Shown or Indicated. _ .. ............. 7 4.3.2 Not Shown or Indicated-, 4.4 RcfCrcrfCe,Points EJCL)C GENULAL CONDI nomi, 1910.S f_1990 LD111 014) wtcr7yoF FoKrcom.N-s MODIFICATIONS (RFV 9199i I I Article or Paragraph Number" -Title Page Article or Paragraph Numbcr Number &'I itle 4.5 Asbestos, PCBs. Petroleum, Hazardous Waste or Radioactive %IaWill ...................... 7-S FONDS AND-UNSURANICE ................................. 8 50-5-1 . Performance, Payment and Other Bonds 5.3 Licensed Sureties and Insurers; Certificates of lnsurnncc....................3 .4 CONTRACTOR's Liability insurance 5.5 OWNERs Liability [nsurunco_,-...--,.--9 56 Property Insur-Anc, .... M0 5.7 Boiler and Machinery or Addi- tionat Property lnsurrrnc,� ...... .......... 10 5.S Notice of C.ahccllation Promsion 10 5.9 CONTRACTOR's Responsibility for Deductible Amounts to 5.11) Other Special Insurance.. 10 5:11 Waiver of Rights_,..,, 51 1 2-5. 13 Receipt and Application of Insurance Proceeds ...................... 10-11 3.14 Acceptance of Bonds and Insu- nce; Option to Replace.,:._ .5.13 PnrtiHI, Utilization-prop,crty Insurance CONTR-A.CrOR!S RESPONSIBUTIES ............... I I 6.1-6z2 Supervision and Superintendence,,,,,,, 11 6:3-6.5 Labor, Materials and Equipment_ 11-12 6.6 Progress Schedule ............................ _1 2 6:7 Substitutes and "Or -Equal" Items; CONTRACTOR's Expense: Substitute Construction Methods or Procedures; ENGINFER!s Evaluation .......... :._12-13 &MA I Concerning Subcontractors. supplicrs.=d Others: Waiver of Rights„ 13-14 6.12 Patent Fees and Royalties, ................. :14 6.13 Permits.`....-----:----`--------- - - 6.14 an Lawsd Regulations ------ .............. 14 6.15 Taxes ......................... ...... 14-15. .6,16. Use of Premises ............... 15 6.17 Site Cleanliness _:_' 15 6.18 Safe Structural Loading,,,,,,,,,,,,,,,,,,,,, 15 6.19 Record Documents ... ; ............. ........... It 5 6.2o Safety and Protection ----- --.-.15-16 6.21 Safety Reprcstrntutive-_. 1. 1:1 16 6.21 Hazard Communication Programs ...... 16 6.73 Emergencies ............ I ............ .......... * 16 6.24 Shop Drawings and Skian pies ..............16 (Inge 'Num her 6.25 Subm ituif Proccedures,, CON- TRACTOFes Review Prior to Shoo Drawing or Sample Submittal 16 6.26 Shop Drawing Jt- Sam plc Submit- tals- Review by.ENGINEER 16-17 6.27 Responsibility for Variations From Contract Dt3cuments.,,__,17 6.28* Related Work Performed Prior to ENGINIEFR's Revicw and Approval ofrRequired Submittals ... 11 ... I-- ............. :_1 7 6.29 Continuing the Work! ........... 17 6.30 C04NT RACTOR!sGeneral Warranty and Guarantee, .... z,_ .... 17 63 1 -6-33 Indemnification----------------- ---.. 17-18 6.34 Survival of Obligations. :,.; .............. j IS 7. OTI ITM WORK IN 7.1-73 Related Work at Site -18 7.4 Coordination 1.1 S. OWNER'S RESPONISMILITIES.:.......................I S Communications to CONI- 'rR-ACTOR_-._ ......... - ......... Is 8.2 Replacement of ENGINTER ........... 13 8.3 Furnish Data andPay Promptly When Due Is 8.4 Lands and Easements; Reports and 18-19 8.5 Insurance 19 8.6' Change ...... -.19 8. 7 Inspections, Tests,and Approvals .........:..................:.:....19 .......................... S. s: Stop or Suspcnd Work: Term m inatc CUNT R-ACT OR's Services_ ......... ......... ......... J9 8.9 Limitations an OWNER'S Responsibifices ., .......................... 19 8,191 Asbestos, PCBs, Nuolcuu, Hazardous Waste or Radioactive Material 19 8.I I Evidence of Finan6l. Arrangements .............. ....... ....... 19 9, ENGINEERS STATUS DUTRUG CONSTRUCTION 4 19 9.1 OWNER's Representative.,-.:_..:: ..... 19 9. 2 Visits to Site� 19 9.3 project Representative. 19-2 9.4 Clarifications and fnterpre- tat ions 2 1 9.5 Authorized Variations in kYxk -------- 21 EXW. GENERAL CONDITIONS 1910-3 (19W LDI FION) wt CITY OF Fou cou. m.. MODIFIC,%TFONS IPTV 9199) I H I I I I I I I I I I I I I I I I I I I L I I I I I I I I I I I I I I Article or Paragraph Page Article or Paragraph Number &Title Number Number k-Title 9.6 Rejecting DqJecdve Work 21 9.7;9.9 Shop Drawings. Change Orders and Pitymcnts .............................. 21 9.10 Determinations for Unit Prices_-_,_.2122 9.11-9.12 Dccisiom% on Disputes� ENCYI- NEER as Initial Interpreter .............22 9.13 Limitations on LNG NiEETs Authority and Responsibilities.,22-23 CHANGES W THE WORK .......................... ........ ..'7 31 10.1 OWNLER's Ordered 14'. 10.2 Claim for Adjustment,, '3 10-3 ....... Work Not Required by Contract .- q Documents .......................................23. 10.4 Change Orders' .... .. * ................. ... 23 10.5 -.Notification of Surety ............ 23 CHAiNG13 OF CONTRACT PRICE.,,,..,.,, I 1..1-10 Contract Price. Claim Cyr Adjustment: Value of the Work,--, ;-7-23-24 11-4 Cost of the Work ....................... ... 44-25 11.5 Exclusions to Cost Of the WdrF .......... 25 11.6 caw RAC:I'OR's'Fec -.. ......... ---- 2-5 -- -.- 113 Cost Recordsl',-,I,,,,,.,I....-,-,,...L-.,...25..26 tLs Cash AIJOJVanccs ......... 4 ......... I ........... 26 11,9 Unit Price Work ................................ '46 CELANNGE OF CON'TRACT-TITMES ....................... ..... 16 12.1 Claim for Adjustment ........... 26 12.2 Time of the Essence ........ ......... 26 12.3- Delays Beyond CON -TPACTOR!s Control,, ............ ... !:.26-27 12.4 Delays.&-yond'OWMEW.qLand CON'TRACTOR's Control .......... '7 TESTS AND INSPECTIONS; CORRECTION REMOVAL OR ACCEPTANCE OF* DEFEC771,1: WORK 27 13.1 Notice of Defects 17 13.2 Access to the Work 13.3 'Fcsm and rnspection.s., CONTR-aCTOR!s Cooperation .......... 27 134 OWNERs ResponsibiliiiLs; Independent Testing Lab armory.,, 13:5 CONTRACTORs Responsibilities.....:-... _.........-........ )7 13.6- 13.7 Covering Work.Prior to Inspec- tion. Testing or Approval.:., 13.S-13.9 Uncovering Work at ENNGI- PaRe Number NEER!s Request,.... ................ 27-29 ulo OWNER klay Stop the Work,.,..,.,,, 28 6.11 Correction or Removal of Defective Work ....... ................... IS 13.12 Correction PCr,Qd I i 13, Acceptance of Dqfec*1ir, Work,- . ..... 28 I J, 1.4 OWNER %fay Correct De&clive Work— ...... ............... 2 ......... 28-29 PAYINIHNI'STO CONiRkcToR,AND CONIPLETION 79 14-1 Schedule of Values,..,,... ^q 14.2 Application for Progress Payment ..................................... 29 143 cowRAcTows Warrinwof Title;..; ..................... 1.4A-14.7 Review of Applications for Progress Payments,. 14.S-14.9 Substantial Completion,,,, 7 ....... : ..... 30 14.10 Partial Utilization-„ a0-31 14.11 Final Inspection ............ ............... ;-31 14.12 Final Application For Payment ........ 31 14.13-14,14 Final Payment and Acceptance ...... :,31 14.15 Waiver ofC.1aims .... ..... ,L-JI-3-1 1>. SUSPENSION OF XVORK RIND TERMINATION ............................... ................... 31 15.1 OWNER .\,Iiy Suspend Work'.......... 312 131-15.4 OW WER [May Term ircttc .... ....... 32 f5.5 CONTRACTOR May Stop Work orTerminatc .......... ;-J2,33 16, DISPUTE RESOLUTION.........-..--------- - - ----- 33 17 \11SCELLANTEOUS ........ .. .... ......... -------- .. .. .. 113 IM Giving Notice. --- ........ ------ 33 17.2 Comp6tition ofTimes .................... 33 17.3 Notice of Claim..... 17.4 Cumulative Remedies 33 ITI Professional Fecs!and Court Costs fncludcd 17.6 Applicable State Laws ................ 33-34 Intentionally-ldl ffink-.....- ....... ....... 35 E\JiMIT GC -A: (Optional) Dispute Resolution Agreement .....................GC -AI 161-16.6 Arbitration,........- I 16.7 'Mcdiation, ,PC7AI EJCDC GENERAL COMMONS 1910-341990 WHION) wt CITY OF FORT COLLINS MODIFICATIONS I.RF.V 9f99.; I FNDI-,,X TO GFNERAL.-CONDITIONS City of Fort Collins modifications to theGineral Conditions of the Construction Contract are not shown in this index. article or Paragraph Num ber Acceptance of- Bondsand Insurance 5. 14 ,defective Work ....................... ..... 104.1. 13.5. 1113 final payment ... 9 ' 12. 14.15 insurance......................................................... 5.14 other Work, by CONTRACTOR ..........................7.3 Substitutes and "Or -Equal" Items_,., ...... fi: 7- I Work by O%V,\TFR .................• ............ 2. 5� 6,30,, 6.34 Access'lo the-- Und.s, OWNER andCOM'RACTOR responsibilities...., ..... ...... ; ...... I ........ site, related Work.-` ---- ........ 1 ---- :,__ ----------- Work . .......................................... 13.2. 13.14. 14-9 .Acts or Om issiom-, Acts and Omissions-- CONTRAC-MR 6.9.1. 9.13.3 EING rNEER,___ .......... : ........................... 6,20, 9,13.3 MrNM 0.20. 8.9 Addenda--deftrution of (also see definition of Specifications),-.... J1.6, 1.10, 6.19). 11 Additional Property Insurances ................................. . 5.7 Adjustments -- Contract Price or Contract Times . ............ 1.5. 3:5. 4.1. 4.3.2. 4. i.-2, ........ : ..... 4. 5.3, 9.4. 9,5, 10. 2- 1 0A, ...... I I .............. .................. H. I'_. 14.3, 1 5- I progress schedule ................................ .............. 6.6 Agreement -- definition of 12 "all -Risk" Insurance, policy form ...................... ..... 5,6.2 Allowances. Cash ............. I ....... ... ....... ............... !1.8 A,mending Contra& Documents......... -..'1.5 .............. Amendment, Written -- in general........_....... 1: 1 (). 1.45. 3.5, 3. 10; 5.12. 6.6.2 .......................... 6.19, 10.1, 10.4, 1 I_2 L" 12.1; 13.112, 14.7.2 AppeM, OWNER -or CONTRACTOR intent to ................. ......... 9.10,9.11, 10.4, 16,', 16.5 Application for Payment— definition 1.3 ENCrrtN'F.EWs Rtsponsibility .......................... _...?.9 final payment ................... 9.13A 913.5, 14.12-14-15 in general .......................... .':S. - 1.9, - i.6.4 . 9. 10, 1 ' i,5 progress payment ...................... t-14.7 review of 14.4-14.7 Arbitration ..................................................... 16.1-16.6 Asbestos -- claims pursuant thereto ... '.__ ...... 45.2. 4.5.3 CONTRACTOR authorized to stop Work,-,-, • definitionof .......................................................1.4 Article or Paragraph Number OWNER responsibility Car ...................... ...... 4.5_G& It) possible price and tim'schangc ... ........... I .... 4. 3 , 2 Authorized Variations in Work.„......, 3.6. 6.'5. 6.27. 9.5 Availability of Lands..,.-..._ ....... I........................4.1, 8.4 Awarcl, NoLiCe of--defined_7 ....... :,.. t: ...... ... ........ 1-2i Before Starting Construction, ............................ ! _2.5-2.8 Bid --definition of ................... 1.5 (L 1, 1-10, 2-3, 3.1 Bidding Documents-de(inition of.... ... ; ------- Biddin& Requirements --definition of ............... .... 1.7 (1.1, 4.?.6.2) B6hd.%-- acceptance or ........... I ....... .................. .......... additional bonds 10.5. 11.4.5:9 Cost of the Work LiA defirtition of ................. ...... ........... .I.8 delivery of .... I .... I ........... I ............... I ........... -.7.1, 5.1 final Application for Payment .... . .......... t4,12714:14 general ............................. ......... 1, 10. 5.1-53, 5.13, ............... 9.13, 10.5. 14.7.6 Performance. Rayment and Other ............. �I_J_1-5_2 Bands and Insurance --in general .... *"**'*"* ....i Builder's risk "all-risk" policy form ............... 4 ........ 5.6.2 Cancellation Provisions; Insurance .. ..... 5.4. 11, 51.8, 5.15 .Cash Allowances ., .... I ..................................... .... -1.11.8 Certificate of Substantial Completion..... .... 1.33. 6,30.2.3. ..................... N.S. 1410 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, j. 14, 9.13.4, 14.12 Change in Contract Price -- Cash Allowances 1.8 claim for price adjustment .............4.1. 4.2.6, 4.5. 5.15, 6.5:2. 9.4 .................... 9.5. 9.11. to.z. 105, 11.2. 13.9. ................ I ....... 13.13, 13.14, 14.7. 15. 1, 15. i CONITRACTOR's fee 11,6 Cost of the Work general ................................................I t-4-11.7 Exclusions to .. .... 11.5 'Cost Records...-----'----......-..._....._..........._:.._! I) in general .............. 1.19, 1,44, 0.11, 16.4.2, 1(".4,3: 11 Lump Sint Pricing 113.2 Notification,of Surety .. ......... ....... ............ 10. i Scope.of'_ .... 10.3-10,41 Testing and Inspection. Uncovering the Work .................................. IT9 EJCDC GUNCEICAL CONDMONS 1.910-3 (MG EDITIOM WOW OF FORT COLLINS NIODIFIC,M (),'IS (REV9/99) Unit Price Work ...... ......................... ..... 11.9 Article or Paragraph Number Value of "'oric .................................................. 31.3 Change in Contract Times_ Claim for times adjustm crit ......... 4,1, 4.216, 4. 5, 5.15. ........... 6.3.21: 9.4. 9.5..9:11., t0.1 10.5. 12.1. - ........ .... i3.91 13.13, 13.14, 14.7, 1 i: 1. 1505 Contractual time Limits 12? Delays beyond CONTRACTORs control..,... ...... ......................................... ;123 ru-layi beyond OW%MMs and CON'rRACTOR's,c.ontroi*................... ..... '.12.4 Notification of surety .:....:................................:.Ill.;. Scope of change ........................................ 10.3-tO.4 Change Orders - Acceptance of Defective Work ....................... 1..13.13 Amending.C.ontract Documents ............... ......... X� Cash Allowanecs ..............................................:I " Change of Contract Price...:....... ........... .......4.....I I Change of Contract Times ........ :,__1 ....... 7 ... __ 12 Changes in the Work..--------,----..._ ..................lo CO3NT,R_-kCT0R's fee Cost of the Work ................................ 11.4-11.7 .Cost Records-..-:.11.7 definition of,,-, -9 crnCw.cncics ...... ......................... ........ 623 EN'G1NffERs responsibility. 9.8: 10.4, 11.2 12.1 execution of ........................ ...... I ........ Indemnifiction 12. 6,16, 6.31-6.33 Insurance, Bonds iind.......................5.I11, 5-13, 10.5 OWNER may terminateinate * 4 ...... ..................... 1. 5. -1 - 15. -4 OMMERs 10.4. Physical Conditions- Subsurfaceand ........ 4 ............. 0 ................ wa ..... !1:2 Underground Facilities ...................0..........4.3.2 Record Documents..... ------ ....... --------------- ....... 6.19 Scope of Change ........ ...... I .... 10.3-10.4 Substitutes_ ......... 6 ........ P ................. I ..... 0.7,3, 6.3.2 Unit Price Work ... 4 .................. 0 ......... 0 .......... 11.9 value of Work-, covered by,......., ............... 11.3 Changes in the Work, ...... 10 Notification of surety, OWNERS and COMTi��i&[�'s responsibilities.:. .......... .............. ...... 10.4 RighL to an vidjiLmmenr .... _' ............... ' .... 10,2 Scope of change6 .... 6 ....... .......... ......... 10.3-10A Claims - against CO.NVI'RAC"I*0R_ -1 ... .............. ------- attainst ENGF3\TEEP._,, :1 ............ 6.32 against OWNER ....... 0 ................. _ ...... 6 ... _ ...... 6:32 Chang'! of Contract Price ........................... 9-4. 11,2 Change of Ccruract TLmcs ........... 6 .............. Q.4, 111 CONTRACTORs 4, 7.1. 9.-4, 9.5; 9.11; 10.2. 11,2, 11,9, 12.1, 13.9. 14.8. 15.5. 173 COM'RACTOWs Fee ................................_......I 1'.6 Article or Paragraph Numb CONM.\CTORs liability .......... :5.4. 6.1 _2 6.16, 6.31 Cost of the Work 11.4, 11.5 Dccisions on Dispute;;,,,,,,,,,,,, •............... _9.1 1; 9.12 Disp6tc. Resolution ... ....... ..... ................. ........ J6,1 Dispute Resolution Agreement . ................... 16.1-16.6 ENGINEER as initial interpretoz__., ...... I Lump'Sum Pricing_-.-- .......................... 11.3.2 Noticeof _ ........................................................ 1.7�3 OM*.Ns ............. 9.4, 9 5. 9.11, 10.2-1 11.2, 11,9 12. 1 13.9. 13.13. 13.14. 17.3 OWNER!s liabilitv N to make payment OWNER may refuse ................. 14.7 Professional Fees and Court Costs Included 1, :i ... _z17_5 - .. .... I-IL-i.. .................. request for formal decision on ............................ 2,11 Substitute Items 6.7.12 T im c Extension.... ......... ................. ............... 12-1 T im e; requirem en1s__,_, ...... ......... ? .......... 9.11, 12.1 Unit Price Work .... 1.9,3 valuel.of_ ....... _ ... ...... ....... .... j.1:3 Wiiyer of --on Final Rayment ............... _ j 4.14, 14.15 Work Change Directive .,,., ...... .10.2 written notice requirecl, ...... .......... _9. 11. 11.2, 1 '.1 2 Clarifications and friterprelations ............ z3.6.3. 9.4. 9.11 Clean Site .............. 17 Codes orTechnical Society, Organization or Association...... •..........................................33.3 Commencemcnt.orContrict Times 13 Communications— general .... ........... 6.2: 6.9.2. 3.1 Hazard Communication programs ... ... li_622 Completion— Final Application for Payrawl .......................... 14.12 Final Inspection ................................. .. ;T_..14J I Final Payment and Acceptance ............. _ 14.13z 14.14 Partial Utilization 14.10 Substantial ..................... 38. 14.8-14.9 Waiver of Claims ; 14.15 Computation of. Times ....... ----- - - --- 17.2.1-17.2,2 Concerning Subcontra6tors, Suppliers .and Others ti.M.I I conferences -- initially acceptable schedules..,,.._.,.,. 7 .......... 29 preconstructiori ............. .................................... ..s Conflict, Error, Ambiguity, Discrepancy-. CONTRACTOR to Report, ......... �.3, 3.3. 2 Construction, before startina, by COk\JTRAUI*0P_ 2.5-2.7 Constriction Machinery, Equipment, etc,,,,,,,,,,,,,,,,,, . 6.4 Continuing the Work,,,,,,,,,,,,,,, �191 6_ 2 0.4 Contract Documents - Amending..................... .................................... 3.5 Bunds 5.1 UCDC CENERAL CONDITIONS 1910-3 (1990 EDIT1019 WOTY OF FOR rCOt.LfN*S,\IQDIFICATIt)NS;RF.V 9199) Cash Allci%vanc;s, 11-8 Article or Pdriigraph Number Change of Contract Price ............................. I I Change of Contract Times......-...--- : ........ 12 Changes in the Work ................................. lt).4-10.5 check and verify Clarifications and Interpretations-,__..., ........ 3.6, 9.4, 9.11 definition of ...... ....... _. . .............. w ............. 17 10 ENGINEER as initial interpreter olf, .................. 9; 11 FNQ INIFER as OWNFR's representative.............9.1 9,1 general.3 Insurance ... 3.3 Intent........................................................ 3.1-3.4 minor variations in the Work-_ 3.6 OWNER's responsibility to furnish data ............ _8.3 OWiFR!s responsibility to make prompt payment .......................... 9.3; 14.4, 14.13 precedence ..... ........................ ................. 3d. 3.3.3. Record Dccuments, ...... .... ............... Reference to Standards and Specifications :___.6.19 of fechnical.Sociefics .... . ........ 3.3 Related Work Reporting and Resolving Discrepancies,,_.2.5, 3.3 Reuse of ...... I ........ ... I... I ... 1' - .............. Supplementin ......................................................3.6 Termination of EN'GMER'slimploymcnt. ... ... _ 82 Unit Price Work.,, ........................ J1.9 variations .......... I ...... .3.6, 6.2-1, 6.27 Visits to Site, ENGINEER'S ................................ 92 Contract Price - adjustment of,;,,,,,,,,,,,,; 4.1. 9.4: 10.3; 11.2 Change of. ...... ...... zj I Decision on Disputes, ......... ............... definition of Contract Times_ adjustment of .................... ...... J.5. 4.1. 9.4. 10.1 12 Change of 12.1-12.4 Commencement of ............. .................... ....... �3 definition CONTRACTOR- Acceptance of Insurance ... .............. ................ 5. 14 Communications .......... ..................... ....................................... Continue Work 6.29, 10.4 coordination andschedulin 6.9.2 definition of ...................................... ............. JA3 Limited Reliance on Technical Data Authorized 4.2.2 May Stop Work or Terminate.. _; ...... 153 - provide site access to others, .... .............. 7.2, 13.2 Safety and Protection ...................4.3. L 2, 6. 16, 6- IS. ...................................... 6.21-6.23, 7.2, 11.2 Shop Drawing and Sample Review Prior to Submittal.........................................6.25 Stop Work requirements-.. .......... ......... .......... C0L\1TRAC"I'OR'S Article or Parheraph Number Compensation-..--------__........._ .... .........ILI-I1' Conti nuing,Qbligation ........ I .......... ................. 14.15 : Defective Work ................. I., ............ 9:6. 13,10-13:14 Duty to correct defectile Work ... .................. _.".1 311 Duty to Report -- Changes in the Work caused by Fniergency-........................................ 6.23 Defects in Work of Others 73 Differing conditions...,..,-.,-..,., ................. -4.2.3 Discrepancy in Documents,,, ...... 2.5, 3.3-2. 6.14.2 Underground Facilities not.indicatcd ........... 4.3.2 Emergencies .............. ................... i ...... ....... I ... 0,23 Equipment and Nfachincry Rental, Cost of the Work ' * ......... .... .......... �..: ......... 11,4J:3 Fee --Cost Plus ........................... 11.4.5.6, 11.5- 1, 11 -6 General "arrantv and Guarantee_ ....................6.30 Hazard Communication Programs. .......... 622 I ndem n i ficati on., ...... ........... (,. 1). 6-16, 631-6.33 Inspection of the Work ......... .............. I ...... 7-3, 114 Labor, Mfitcrials and Equipment.,., ................ 6 * 3 -6. 5 Laws and Regulations, Compliance bv .... :6.14.1. Liability Insurance...;, ::.:.......... ....... 41.1-- 5.4. Notice of Intent to Appeal .........................).10, 10.4 obligation to perform and complete theWork .......................................... 6.30 Potent Fees and Royalties, paid for by ................. 6-1-1 Performance and Other Bonds ..... - ......... t ............ 5A Permits. cbtainLd and paid for by,,,,,,,,,,,,,,,,,,,,,, 6.13 Progress Schedule...:....:,: 16. 2.3. 2.9:6.61 Request for l'ormil decisionon disputes .... I ........ Responsibilities -- Changes in the Work ....... ........... _. 10.1 : Concerning Subcontrictors. Suppliers and Others 6, U-6.1 I .Continuing the Work ............................ 5.1-9, 10.4 CONTRACTOR'S expense ............... ().7.1 CON"TRACtORs General Warranty and Guarantee CONTRACTORs review prior to Shop Drawing or Sample submittal ....... _: ........ 6.2 i Coordination of Work, ..... t, _ , ..... !. _ _ 6. Q. 2 Emergerict . es ................................................6.23 EN'GINEER's evaluation. Substitutes or "Or -Equal" Items._ .......................... 63.3 For Acts and Omissions of0diers, ..................... ....... 6.9.1,69.2, 9 13 for deductible amounts. insurance ................... i,9 general ........................................6, 7.2, 73.9 , 8 Hazardous Communication ProRrajuj .......... ti_22_ indemnification 6,31-6-33 EXIV GENLICAL CONDITIONS 1910.3 (t990 EDITION) wt (JTY OF (REV9199) I I I I I I I I I H I L�7 I I I I I Labor, Nlaterials and Rquipmcn.t._ . .......... 6.3-& i Laws and Regulations. - Liability Insurance.... -- -1. 11, ...... ........ Article or paragraph Number Notice of variation from Contract Dccurrcinu� 27 Patent Fees and Royalties ............................. 12 Permits...:.` -`... ........:.:..:.:.......:.`:...::::.I..._ 6.13 Progress Schedule. .. - -- --- ............... __,6.6 Record Documents...- .............. _................. 6.19 related Work performed prior to ELNGLNEERs upprcoval of required submittals ........ 1 6.25 safe structural loading:,,,..,.,,,,,,,,,,,,,,, .......... 6.1 ' S Safety and Protection,,.,,_ ............ j�.20, 7.2, 13. Safety Rcprc=ntative ---- .......... . .................. 621 Schedulingg the Work.,,.:; .... w ...... ...M... � ... ;6.9,2 Shop Drawings and Sampleg ... ........... 24 Shop Drawings and Samples Review by CNGENTEER ...... ............ 26 Submittal procedures .................... ............. ;6_25 Substitute Construction '✓Mcthod:s and 63.2 Substitutes and "Or -Equal" Items, ............. t..&7;1 Supc6ntcndencc .......... I ....... ...... I ......... ........ 6,2 Supervision ............. ..................................... 6.1 Survival of Obligations ...................... .... 6.34 Taxes- .............................................. . ..... Tests and InsIvetions ... .. . 133 ToReport ....... ........................... ................. Use of Prcmiscs..':.1 6.16.6. IS.-I'630.2.4. Review Prior to.Shop Drawing or Sample Submittal ....................... 4 .............. Right to adjustment for changes in the Work.,._ 10:2 right to claim..___..,--: 1, 7.1, 9,4, 9. i ' 9.11, 10.2 ' .11. T1119' 122A. 13.9:14.8; 1-5.1, iS.51 17!3 Safety and Protection,,,,,,,,,,,,,,,,,, 0.20422! 7.1, 13.2 Safety Representative ........................................ 6_21 Shop Drawings and Samples Subm itiali ..... 6:24-6.28 Special Consultants ............. .... - .: ------- . _. __ - I I t 414 Substitute Constructiori %4cthods and Procedures.67 SubsLitutesand "Or -Equal` Items, Expense-, ................... ..................... 6.7.1. 6.7.2 Subcontractors, Suppliers and Others ........... 6 1 8-6.11 Supervision and Superintendence ...... 6,1, 6.2. 6.21 .Taxes, Payment by.. .................................. !i IS - Use of Premises., .......... ........ ............. ;16.16-6, 18 Warranties and guarantees ....... : .......... 6.5: 6.30 Warranty of ritic .............................................. ...... ......... ...... ........... 14.3 Written Notice Required— CONTRACTOR stop Work or tertninate ......... 15,5 Reports of Differing Subsurtitce and Physical Conditions ...................... Substantial Completion ................................ viii 14.3 CONTRACTORS -other .....................I........................ 7 Contractual Liability Insurance,, ......... _ 1 1 4.1 0 ContractuutTimc Limits .,__ ........ : .......... :___ 1,_;J2.2 Article or Paragraph Number Coordination-- cozvmkuroin responsibility ............... ........ 6S9;2' Copies of Document,; ................................................ 2_1 Cornction Period .......... (76rrection. Removal or Acceptance of Defective Work-- in gen.cral 10.4.1, 13.10-13.14 Acceptance ol`Dejecfive Work...........................i3.13 Correction M Removal of Defective Work .................................6.30, 13.11 Correction Period ..................... : ......... 13.11 OWNER Nlay Correct Defective Work.. ........ 13.14 OWNER N lay, Stop Work ........ ................ 13,10 Cast -- of Tests and Inspections ............ .......... ............ 13J Records 11.7 Cost of the Work -- Bonds and insurance, additional., ................. J 1.4,5-9 Cash Discounts ................ ; ................... . i .1 ........1.4 c6lTRA(JT()R's I`ee....... I .. ........ 1 L6 Employee Expenses_,,,.1 ..... ; .......... _ ..... 11.4.5,1 Exclusions t.....................................................1 E5 General 11.4-11.5 Home office and overhead entinnses ....... _z. ......... 1 K5 Losses and dirringcs ........................... ......... t 1.4.5,6 Materials and equipment .......................... 11.421 Minor expenses......... .. .. 11.4.5.8 Payroll costs on 11.4.1 performed by Subcontractors.;. .. ....... 1._.:_..A 1.4,3 Records 11. 7 Rentals of construction equipment and machmery.-., ......... ---._......._...I----- 1 1A.53 Royalty paymcnts. permits and license fees, ............................................ 11.4.5.5 Site office and.temporary facilities ................ 11.4.12 Special Consultants, co\wrRACTOR's .... ..... 11.4,4 Supplemental..::....._:........_ 1.4.5 Ta=3 related to the Work 11,4,5-4 Tests and Inspection,,,,,,, 13.4 'rradc Discounts.--_.. n...... ......................... ........114.2 Utilities, fuel and sanitary facilitie,s ................ 1 1.4J 7 Work after regular hours .................................I t.4.1 Covering Work ............ _ ................................. 13.G-13.7 Cumulative Rcmedic.s,;,,, ......... _.- . 17.4-17'.S Cutting. fitting and patchimz...,_,. , .: ...... 7.2 Data, to be furnished by OWNER ............................ _:$,3 ,Day--di:finition of ................ ......... ................. _.. I T 2. 2 Decisions on Disputes, .... ............ ,.9.11, 9.12 defective -definition of 1,14 defective Work - Acceptance of......................................10.4.1. 13.13 EILW GENERAL CONDI FIONS 1910-3 (1990 M11ON) wt CITY OF FORT OLLCKS'MODIFICA77ONS (RFV 9199) I I Correction or Removal of 10,4.1, 13.11 Correction Period 13.12 in general...., ...... ........ 13. 14.7. 14.11 Article or Paragraph Number Observation by ENGINEER ................ I .... I .......... 9.2 OWNERN,lay-Stop Work.................................13.10 Prompt Notice of Defects: ....................... .......... I _-,_ I Rejecting_ ., ......... .......... ......... 9.6 Uncovering the Work ........................ ___ .......... as Definitions Delays..................................4.1, 4.1, 6. '_9, 12.3-12.4 Delivery of Bonds�� ............. ....... _._ ......... .......... �.j Delivery of certificates of insurance-,-, ........ ...... 2. 7 Determinations for Unit Prices: ........ ....................... 9:10 Differtrig. Subsurface or Physical Conditions -- Notice of FN'GTNTERs Review 4. 2. 4 Possible Contract Documents Change ...............4.13 Possible Price and Times Adjustment� ............ 2.6 Discrepancies -Reporting and'Resolving-, ------- 2:5. 3 3.' 6,14,2 Dispute Resolution - Agreement ...... ; .................. ___ .................. J6.1-16,6 Arbitration-- ---- gencrHI 16 Mediation ............. I .................. 6.6 Dispute Resolution Agreement_._ ..... ................ 16.-16.r1 5 Disputes, Decisions by FLNIGIVEHR ..... ......... ... 9.11-9,12 Documents -- Copiesof ........................ ................................... 1_1 Record 6.19 Reuse of Driwings-definition of;_.:_---_..';_: ..... Easements1.1 .... . ............. . Effective date of r\gtcement -- ............. 1'.16 Emergencics ........................... .. _ .. .. ....... .. ... ENGINEER -- ...623 as initial interprcteron disputes ................. 9,11-9.12 definition o( ..................................................... 1.17 Limitationci on authority and responsibilities,,,,, 9.13 Replacement of...:..----- ............ 7 .............. . ....... 8.2 Resident Project Rcpresentativc 3 ENOINEERs Consultant -- definition o.( ......... LIS ENGLNEER!s-- authority and responsibility, limitations on ......... 9. 13 Authorized Variations in the Work ...................... 9. 5 Change Orders, responsibility for,,.,_ 9.7. 10. 11, 12 Clarifications and Interpretations_ . ....... 6.3. 9.4 Decisions on Disputes ...... ,_;_;__9.11-9; 11 defective Work, notice of... ................................ 13.1 Evaluation of Substitute Ifernq .......... ............... &.73 Liability........ (.R. 9.12 Notice Work is Acceptable.7 ........... I ---------- .... 14A3 Observations .............. ............................. 6.302, 9.2 OWNER's Representative 91 t:% Paymento the CONUJ6�� .: 1 -0 P Responsibility for, ..... - .: ....... 14 Recommendation of Paymenl__ ......... : .... 14-4, 14.13 Article or Paragraph Num bcr Responsibilities --Limitations oa ................ Review of ReporLi an Differing Subsurface and Physical Conditions....:,,;;..;.„._,--.-`.,,';.? Shop Drawingsand Simples, review responsibility .......... I— ....................... ..... ..... 6.26 -Status During Ccnstruction-- authorized variations in the Work 5� Clarifications and Interpretations,,,,,,,,,, 9.4 Dccisibns on Disputes,,,,,,,,,,,,,,,,, .It 9.12 Determinations on Unit Price... ........... ;.9.10 ENGINEER as Initial Interpreter_..._._ � 9.11-9.12 ENCrTINTER's Responsibilities:.... ..9, 1,-9.12 Limitations on ENGINE ERs Authority and Responsibilities..............................9.13. OWNER's Representative ' ....... .9.1 Project Representative......_ -.1 ..................... 9.3 Reject ing. Defective Work ..............................9.6 Shop Drawings, Change Orders ,and Payments ..... ___ ...... : ......... : ... -9.7-9.9 Visits to Unit Price dctcrmtnauon§................................. 9A0 Visits to Sitc. ............................ .................. .... _9.2 Written.c6nsent required,,,,,-.... ..................... 7.2.9.1 Equipment, Labor, Materials and .............. .... 6.3-6.5 Equipment rental..Cost of the Work .................. �l 1.4. i Equivalent Materials and Equipment ........................ 6.7 error or omissicns.., ..... .......... ... : ......... :__ ... j.33 Evidence of Financial Arran,cments.,,, "...* Explorations of physical conditions,,;,,,, ........... .... . Fee. CONTPAC-TOR!s--Costs PIUS� Field Ordcr- definition issued by ENGINEER ............ 3.6.1.9.5 Final Application for Payment..... .__14.12 Final Ins pcctiori .................................. ................. 14.11 Final Payment- - and Acceptance--_...._ .......... ......... .. 14.13- 1 + 14 Prior to, for cash allowunces 11.8 General Provisions._ .... ......... ........... ........... IT3-17.4 General Requirtmerus_ definition o( 20 principal reterences tQ_, ............ .. 6, 6.4, 6.66. 7.:6, 24 Giving Notice ...... .. ...... .. ........... ........... --------- 17,1 Guarantee of Work -by CONTRACTOR ......... 630, 14.1-1 Hazard Communication Pro-,rnms ............................ Hazardous WHste-- definitton of .................................... ......... ...... J:21 ---------- . ......... ----------- 4,5 OWNER'.% responsibility for ............................... uo EJCMC UUERAL COND11-101Y,; 1910.3 (199O LDI r10N) %v/ CITY OF iRF.V 91991 I Ij I FL I I [ I I I I I I I I I I I I I I I I I I I 11 I 0 I I I I I I I Indemnification .... ... ........... _ ......... 60 16.16, 6.31-6.33 Initially Acceptable Schedules...--, ... Inspection — Certificates or,.,, ......... -_;J_13.4, 13,5_14:12 Final............................................................ 14,11 Article or Paragraph Nuni ber Special, required byENGLNEER.,, ...................... 9:6 Tests'and ApproVaI_.'_.:' .... J3, 13,3.13.4 Insurance — Acceptance of, by OWNER .............................. 5.14 Additional, required by changes in the Work 11 A.5.9 Before starting the Work- ........... 2.7- Bonds and --in general ...... ........ *"*' _ ' 5 Cancellation Provisions—— ............... 11-1-11, .......... 5.8 Certificates of ...... .......... .2.7. 5, 5. 0, 5.4.11. 5.4. 1 -1, .........................5.6.5, . .................... 5.6.5, 5.8. 5.14, 9,13.4, 14,12 completed operations,,,,,,,,,,,,,,,,,,,,.,............... . 5-4-13 Cdt1,[TRACT0Rs Liability........_....,....._............. iA CONiTR.ACTOR!s objection to coverage 5.14 Contractual Liability-.-----_.......__._.....- ...... 5A.Io deductible amounts, CONTRACTOR's responsibility..... ...: ................... I ................... 5;9 Final Application rot Payment ------ I ................. J4,12 Licensed Insurers ,Notice rcquircmcnts, material changes ....... ,5.8. 10.5 Option to Replace .............. ..........................5: 1-4 other special insurances ............ ....... :1 ......... 5.10 OWNER as fiduciary for insureds .......... 5.12-5 13 OWNFR's Liibiliry. ..... ............ ....... OW'NERa Responsibility .......... 11 ......... ....... 8 .5 Partial Utilization. Property Insurancc., .... 5. 15 Property.,_-............... -5 , 6- i. 10 t , Receipand Application of Insurance Proceeds 5,12-5,13 Special Insurance ............................................. i. I0 Waiver of Rights.....--- ......... .. ...................... ,- 3. 11 Intent of Contract Documents,,,.,,., .. I ........... I ...... 3.1-3.4 Interpretations and Clarification s .................. 1-16.3, 9.4 : Investigations or physical conditions,,,,,,,,,,,,,,,,,,,,,,,, -.4.2 Libor. Materials and Equipment. ........ j._63-6.5 -- Lands— and Easements 3.4 Availability of..--..................................... .......................... . ......4.1. 5.4, Reports and Tests .............. ........ ...... 7 ... ............ NA Laws and Regulations --Laws or Regulations -- Bonds 5.. I-i. � Changes in the Work.-.:....._ .. .............. WA Contract Documents::..,.:.:._ ::; :__3.1 CONTRAc:rQR!s Responsibilities .....................6.14 Correction Pericd;defective Work ....................13.12. Cost of the Work, taxes ........... ................... *11,4.5.4 definition of gcncral6-l4 Indemnification, ..................................... 165.31-6.33 Insurance .............. 5,3 Precedence-,.,.,,_,., ......... ....... ____ ........... 3.1. 3.13 Reference to ...... _ ....... .......................... .. : .... ,3.3.1 Saletv and Protection,,,, ,, ....... &M, 13.2 Subcontractors, Suppliers and Others ........... 8.8-6,11 Article or Paragraph Num ber Tests and Inspections„.,,,-„.......................... 13.5 Use of Premises,,,;;,,,,;,,,;,; ---- I .... ... .......... 6A6 Visits to Site_ ....... ............................. ........ 9.1 Liability Insurance-- CONTRAM'OR'i ................................................ 5A OWNER!s__. ..................... I ..... .... ..................5.5 Licensed Sureties and fnsurers................................. . u Liens— Application for Progress Payment .......................14.2 CONTRAUFOR's Wirrantyof'ritle, ... ....... 14.3 Final Application for payment .......................... t4,l'-' definition o( ...................................................... t,13 Waiver of Claim s Limitations on ENGINTEER's authority and responsibilities:_,-.......... ...... _ -------------- Limited Reliance hyCbNTRACFOR Authorized Maintenance and Operating *vInnunls-- Final Application for Payment,,,,,,,,,,,;, Manuals (of others)-. Precedence ?3.3.1 Reference to in Contract Documents ..................}.3.1 Materials and equipment -- furnished by CONTRACTOR..,,_, 6.3 riot incorporated in Work, ....... I... ...................... 14.2* Materials or equipm ent. -equi va lem., . ... .. . J.7 -Mediation (Optional),::, ....... __ ....... : ................. :j6.7 Milestones. -definition of ......................................... 1,24 ,Miscellaneous — Computation orrimes .... ........................... 7.2 Cumulative Remedies 17.4 Giving Notice,,,,,,,,,,,,,,,,,,,,,,,,,, 17.1 Notice or Claim.................................................17.3 Professional Fees and Court Costs Included 17.j Multi -prime contracts::. ,, -, „.................... Not Shown or Indicited ......................... ................ 4.3.2 Notice of - Acccptabilityor Project .... ................................. 14.13. Atvard' definition of ........ t ........ ................ . ..... 1_25 Clihil** .. ** ....... * ....... ............. 111,111111*11 ....... J.7J Derects,13.1 Differing Subsurface or Physical Conclitions—_ 4,23 Giving .......... ......... :J7.1 Tests and Inspections........................................13.3 Variation, Shop Drawing and Sampl4...............5.37 Notice to Proceed— definition of.,,,_. .............. ............. .. * ...... * ........ t.26 Livingof............................................................2.3 LJCDC GLNULAL CONDI 11 ONS 1910 -3 t 1970 EDITION) wt C1 TY OF FORT (7011W, MOOFFICA 77ONS iRF. V 9199; I I Notification to Surety ................................. .......... j0.3 Observations, by ENUINEFR,_._. ............. . ...... 6.311,9.-2 Occupancy ofthe Work.,.,._.. 5. 15. 6.30.2.4. 14.10 Omissions rir acts by CONTRACTOR..,_,, ----- , 6.9. 913 Open Peril policy fbrm; Insurance ......................... 5.62 Option to Replacc. ... ............................................... ?. 14 AF(icic or Paragraph t KumbL a "Or Equal" Items ....................................................... 6.7 Other work. 7 Overtime Work -prohibition of ....... I ...... ............... 6.3 Acceptance of defective. Work-_ ................ ...... 13.13 appoint an ENGINEER,:-- ... : ...... - ......... "" 8.2 as fiduciary 75 12-SA3 Availability of Land;: responsibility .................... I. I definition of, .................................... J. 27 data, furnish._ .... .................. Nfay Correct Dqfectzve Work ................... ....... A3,14 Ntay refuse to make payment J.43 May Stop the Work — ..... ......... ......... ...... .. 13.10 May Suspend "Yort,, Terininate— -----------_---------- 3.8; 13,10. 15;1-15.4 PqyTncnL, make prompt.„..................Uj 14.4, 14.13 perfLymanc: of other work .................................. 7.1 permits and licenses, requirement 6.13 purchased insurance requiicmentql,,,__,.,..,-,.5.��5. to OWNrERs- Acceptance of -the Work, ..............................6.30.2.5 Change Ciders, obligation to execute.,,,,.,,,, 8.6, IUA Communications, ....... I .... I ................................... 8-1 Coordination of the Work 7.4 Disputes, request for decision ............................ 11 11 Inspcctiuns, tests and approvals .... $.7. 13.4 Liabilitv Insurance—, ......... ...... 5_5 Notice of Defects ... .......................................... 13:1 Representitive--During Construction, ENGINEEWS Slants .9.1 Responsibilities -- Asbestos. PCBs, Pctrulcum, Hazardous Waste or Radimctive �-ffiterial ................. 8.10 Change Orders .............................................. 8.6 Changes in the Work -.,.:.::...:...:..,..::.._:._.,..Ina communications x. I CON TRACTORS responsibilities .................... 8.9 evidence of financial arrangements.,,,.- .8.11 inspections, tests and approval* ..................... S_ 7 insurance...................................................... lands and cawmcntg...... .............................. 8A prompt payment by, ....... ;_ ............. ....... 8.3 - replacement of EX(312,4EEP ... .. .. .......... _8.2 reports and tests ...... stop or suspend Wor ................. 13.107 15.1 term mate CONTRACT ORs services ------------- --- ...... U. I i., separate representative it site ................... .......... 9.3 t�Nting, independent...._...................................13.4 use or occupancy of the Work 15, 6.30.2.4..14. If) written consent or approval required ........... ............................ .9.1, 6.3, 11.4 EIMCGUNTfItAt. CONDITIONS 1910-S 11990 LDIT10,41 %V/ CITY OF FORT COLLINS MODIFICATTOMI.REV 9199) F I 11 11 I I I I 11 I I I I I I I I 1 1 1 1 1 t Rev 10/20/07 SECTION 00500 AGREEMENT FORMS 00520 Agreement 00530 Notice to Proceed Section 00300 Page 1 I I I I I I I I I I I I I I I I I I Article or Paragiph Nurn b,.r written notice 7-1, 9.4. 9.11. ....................... I ............ 11.2. ! !.9, 14-7,.15.4 PC',Bs-- definition of L.29 general...... ................................................... .. 4.5 OWNTER!s responsibility for„ ...................... ...... MO Partial Utilization - definition of...:.: .............. ...... .... 1.28 general 6.30.2.4, 14.10 Property Insurance.* .. ..... * ...... ......... ...... 5.15 Patent Fee., and Royalties ........... . ..... I ...... .... 6. 12 Payment Bonds ..................... .......... __ ... 1-5,2 Payment%, Recommendation of .............. 14,4-14.7. 14.13 Payments to CONTRACTOR and Completion -- Application for ProgressPayments .... ....... : ...... 4. 2 CONT RACTOR's Warranty ofTitle ... ..... .... 4.3 Final Application for Ny-mcnt .... .... ,; ............... 14.12 Final Inspection,,.,,,,,,,........... *...... 14.11 Final Payment and Acceptanci%_ .... .......14.13 - 14.14 Partial Utilizerion..........:..................:.-:,-_..,.;,14-10 Reta iringe .......................................... ...... Review of Applications for Progress Payments ..... ... ............ 4.4-14.7 prompt payment, .......... ................. :z.S:3 Schedule of Valw!k ............................................ 14:1 Substantial Completion,_, .......... 6 ............... J4.U-14.9 Waiver of Claimsk 14:15 when payments due *................................ 14A, 14.13 withholding payment......._ . . .. ................... .. .14.7 Performance ["ds., Permits ....... Petroleum - definition of ............................................ ........ J-30 general......... ..................... ........................ 4' 5 OWNER's responsibility far, . ........ ...... ...... Physical Conditions -- Drawings oE in or relating tQ ......................... 4-21.) ENG WEER's review 4,14 existing structures ........... -------- general4.11.2 ..................... ............ ................ Notice of Differing Subsurface or .......................4.2.3 Possible Contract Documen6 Change ...... 4.2.5 Possible Price and Times Adjustments ... ,_.,..;.4.2A Reports and Drawingq ... .......................... ....... 4. 21 1 Subsurface and,.... Subsurface Conditions : 4. 2. 1.1 Technical Data, Limit, ii"__nce by CONTRACTOR Authorized 2 Underground Facilitiesz- general........................................................:a , Not Shown or hidicrted ........ . 4.3 2 protection of .........................................4.3, 6;20 Article or Paragraph Number Shown or Indicated::....:...,....::.:.......:.:,::,,..::.:,....... .4-3.1 Technical Data ............................................... A2.2 Preconstruction Conference 2.3 Preliminary Mktcrs, Preliminary Schcduleq .......................................... _-.2.6 Premises. Use of .............. .......... .................... 6.16-6. IS' Price, Change of ConLraq, ........ ................................ I I Nice, Contract --definition Progress Payment, Applications for --------- Progress Paynient--retairingq.................................... 14.2 Progress schedule, CON*I'I?_,\c.TQR's ............ 2.6; 2:8, 2-9, 6.6. 6.29. 10.4. 15.2.1 Project-def-mition of . ..... 1.31 Project Representative-- CNIGINITEETs Status During Construct ion...,..,.... 9.3 Project Representative, Resident --definition of , ...... ,. 1, '13 prornpi pavinent by OWNMP ................ .............. ; ....... 9;3 Property tnsurance-,- Additional i,7 general .6.5. 11) Partial Utilization 5. 15; 14,10.2 reecipt and ipplicaLion orproccciN ............. 5- 12-5.13 PrOLCCtioa, Safety and ................... ........ 6_20-6.21, 13.2 Punch list Radioactive Material— defintiort of ........ ......................................... IX geficral4.5 OWN14s responsibility for .............................. S. IU Recommendation of Payment,,,,,,,,,,,,,,,, ....... 14.4, 14.5; 14,13 Record Documents ........................................6.19, 6.19, 14,17- Recci-6. procedures for maintaining ............................9 Rcfcrence.PoinLs......................... .......... __ ...... Reference to Standards and Specification of Techniciii Societies .................. ...................... 3;3' Regulations, Laws and(or) ......................................6.14 Rejecting Defective Work ... .................. 9.6 Related Work— ,3t Site ......................................................... 7.1-7'3 Performed prior to Shop Drawings and Samples submittals review ................ * 623 Remedies, cumulative,_,___;;,,_, ..................... 17.4, 17.5 Removal or Cometion 6fDej'ectiva Work 13,11 rerital'attreements. OWNER approval required ..... 11.4.5.3, replacement ofENGLVE ER. by OWNER ....................9.2 Reporting and Resolving Discrepancies ................................. 2.5, 33.7 6.14.2 Reports-- - and Drriwings, 4, 2.1 and Tests. OWNMs responsibility,,,,,,,,,;,,,;;,,,,, 4 Resident and Project kepresenuitive-- •definiticn of ..................................................... 1.33 Provisionfor ................ ............................................ 9.3 t:WDC GUNEIL11. CONM riomi* i9to.s o9w immo,,a WiCITY OF Fort r criu.msMODIFICATTONS (REV 961.1 P I Article or Paragraph Number Resident Superintendent. CON %CTOR!s_ ....... :I: 6,2 Pesponsibilitics- CONTPLACTORs-in general ................. ................. 6 3 ENGIINEEICs-in general........................................9 Lim itations an ............................................ :9.13 O%V,NT- Ws -in general ........ ................ 9 Retainige... ........... ...... -- - ------------ ...... ............ 0:2 Reuse of Docum ents ..... _1 .................. ........... ........................................ ... I ......... 7 Rt:v;cw by CONTRACTOR: Shop Drawings and Samples Piur to Submittal..._ --,,.,_ Review of Applications for Progress Payments ...................... ...... ; ....... .14,4-14.7 Right town adjustment.,, ......... ................ .............. 10.2 Rights of Way ..... ...... '� ----- -- - . ...... ... ..... ....... . 4.1 Royalties, Patent Fees In .... ...... I.. I ..................... _6! 12 Safe Structural Loading .......................................... 6_11 9 Safety-- - and Protection ............. 6.16, 6.18. ........ ...... :.-: ----------- -.6.20-6;211 7.2. 112 general ............................................. _ ...... 0.20-61]3 Representative, CON7PLACTOR's .............. ....... 6:!_I Samples -- definition of .................. .......... L ........ _ ....... ... 1.34 general ...... iK�� ............... I ........... 6.24-6.28 Review by C&I-J*T R ...... ......................... 6.15 Review by ENIGINEFR .............................. ().26, 6.27 related Work 6.28 submittal of-, 6. 24. 2 submittal procedurcs;, ........................................6.25 Schedule of progress .... ... ;_ ...... 1.6. 2.S-2.9. 6-6. ...... ... ........... 6,229, 10.4, 151. 1 Schedule of Shop Drawing and Sam pie Submittals Schedule of Values ....... .............. _161 2.S- 2,9, 14.1 Schedules - Adherence to .................................................. l5.'_A Adjusting...........................................................06 Change of Contract Times„ ......... ..................... MA Lnitially Acceptable.,:__....:......,'_:,__:_-.__- .2_S, 2 9 Preliminary ............. .........................................i 16 Scope of Changes ....................................... tO:3-10.4 Subsurface Conditions 1.1 Shop Drawings -- and Sam pies,, general ................................ �6,24-6:23 Change Orders S_ Applications for Payments, and -.9.7-9.9 definition of 1.35 H,\R1,114REP's approval of ..... . .. ....... . ... .... 16.2 : EN"GENLEER!is responsibility for review .9.7; 6,24-6.2.3 related Work_........... ---------------------- - --- - __ ....... ¢.28 review procedures ......... ........... IN, 6.24-6,29 Article or Paragraph Number submittal required ............................................... j6.24,1 Submittal Procedures 6.25 use, to approve substitutions._........................._63.I Shown or I ndicated 4.3,1 Site Access 7.2. 1,3.-2 Site -Cleanliness . ............... ..................................... F. 17 Sit6' Visits to - by ENGCI= 13.2 by others ............................... ................ ........13.1 - .special.causes of loss. policy form. insurance ...... 5,6.2 definition of 36 Specifications- defination o(.-, L 36 of'Nchnicil Societies, reference to.,. a 33:1 precedence... ... ...... ......... ............... 3.3.3 Standards and Specifications of Technical Societies: ................................. ...... 3.3 Starting Construction, Before.w-.1--, ........ Starting the Work- ---- ---- - -- ----- ---- --------------------- '14 Stop or Suspend Work-- by CON7 RACTOR .................. ........... ............ 15,5 by OWNER .... ......... ... I ... ....... :.Ag, 13.10, 15.1 St&age Of MRWHR13 and equipment ...................... 4.1. 7:1 Structural Loading. Safety ........................................ 6AS Subcontractor - Concerning ............ ....... ...................... 15.8-6. 11 definition of . .................................................... j.37 delays...... ............. .................................. 12.3 waiver of rights .............................................. 15.11 Subcontracturs--in general ........ ; ................... __&S-6.11 Subcontracts; -required provision4 .......... 5,11, 6.11. 1143 Submittals - Applications for Paym ent .................................. 14. Maintenance and Operation Manuals ............... 14. 12 Procedures 6.125 Progress Schedules ......... ............................ 22.6. 2.9 Samples ................................................... &24-6.28 Schedule of Values .................................... :2.6,. 14.1 Schedule of Shop Drawings and Samples Submissions.... ................................. 16, 2.3-2.9 Shop Drawings, ... ... ............ .................... Substantial Completion- certificition or :.!6..30_2.3, 14,8-14.9 definition of .................. .................................. L38 Substitute Construction Methods or Procedures ........ 6.7.2 Substitutes and "(.)r Equal" items- ................ .... _1 .... 6.7 CONTRACTOWs Expensem... , Lq; ....... III,_0.7.1.3 HNGU\MEWs Evaluation 6.7.3 "Or -Equal" ........................................ 63, Ll Substitute Construction Methods Siii UCL)UMNI3LA.LC0NDI_11QM 1910-S (1990 EM-110N1 W CITY OF FORT COLL M_ MODIFICATION.."' I'RFV 9199) I I I I I I I I d 11 I I P I I I Article or Paragraph Num ber or Procedures ............ ......,ti,7.2 Substitute Items - I .� 15 .7CPriditions.- Subsurface and .17hysical. Drawm.�s dc Ln.ur relatrig to 1, ENGMEWs Review. ..................... ............... 4.2.4 Litri ited Reliance by CONTRACTOR Autharizcd.......... ......... ...... 412 Notice of Differing Subsurface or Physical Conditions:.,..., Physical Conditions-, ... ............ 4. 1, _2 Possible Contract Documents Changq , .......... 4.15 Possible Price and Times Adjustments....,.,;,,,__' 4.2.6 Reports and Drawings . ............ ...... ...... 4,211 Subsurface and.:......... ...... 4,2 Subsurface Conditions at the Site_-_ .............. 4:2-171 Technical Data, ... ......... ......... ...... 4.2. - Supervision-. CONTIR,ACTORs responsibility,- -7 --- 6,1 OWNER shall not supervise... ............... ..... 3.9 FNdTrNEFR shrill not supervise;,,,,,,, „ .., 9,-' 9.13.2_ Superintendence, " Superintendent, 66NTRZ-A CT-'oRs resident ...... __-6.2 Supplemental cost; .................. I ......... ............ 11A.5 Supplementary, Conditions -- definition of ......................................................1.39 pnncipal references to.................1.10, 1 1 S. 1'12 2, 7, .............. _... ..4:1 4.3. 5 1, 5.3. 5.4, 5 6-3,9, ......... �5. 11, 6.8. 6.13. 7.4; S. 11. 9.3, 9. 10 Supplementing Contract Documents. Supplier— definition of., ........................... ................... J-40 principal references to ........... 3. 7; 6, i, 6.8-6, 1, 1 6:21). .. .... 6.24, 9. 13. 14.12 Waiver of Surety - consent to final paymeni., ....................... 1412, 14-14 ENGINEER has no duty to - ............ �; ....... I.... 9.13 Notitleation o(,-,, .... ...... IQA, 10.5. 15.2 qualification of ... ... ..... .. * ..... .. 1-5, a Survival oMbIwations Suspend Work. OWNER Nlay ........ I J, 10, 15.1 Suspension of Work and Termination--, ...... ............. 15 CONTRACTOR Miy Step Work or Term inate:.... ...... 15.5 0WNH*RA,Iiy Suspend Work .......... ......... . 15.1 OWNER May Terminate,,:...__ ..... ........ ._.,15.2-1 5.4 TIxes--psyment by CONTRACTOR,,,,,,,,,,,,,,,;, ,,,,_.6. 15 Technical Data -- Limited Reliance by CONTPU%CTOR ..... .......... Possible Price and Times Adjustments ..... :74.2,6 Reports of Differing Subsurface and Physical Conditions„ ..................... .......... _4.2.3 xw 'temporary construction racilitics 4 � ............. ......... 1 Article or Paragraph Ntimber Term [nation_ by. CONTRACMIZ ------- ---------- - J5,3 by OWNER ................. �.� 15.1-15.4 ...................... of cmployment............................. A-1 Suspensiun of Work-in general ............................ 15 'Terms and Adjeetives._,_ Tests and lnspections-- Access to the Work, by otherq ...... .................... .i3.2 CONTRACTOR's respop.sibilitics ....................... 13;j cost of 114 covering Work prior IQ, ... Laws and Regulations (or) . ........... .................. Notice of Def�cts ............... * " '* ..... * .... .. . . ... .. ... 13.1 OWNER LN/Ily Stop Work. . .. ..... _ __ _13A0 OWNFR's independent testing .......................... 0A special, required by ENGINFER ... ... ... � ........... ... 96 timely notice required,,,,, „. I ............... _1 .... t3.4 Uncovering the Work, at ENGINE-ERs request-_., --- ------ 119-1 li13l: Times— Adjusting .... ....... I. ' ........................ J:6- Change of Contma.-I ------- ...------------ 12 Computation of....._ .... ____ .. ............. ........ 17.2 Contract Tim ts-definiiian of J. I! day........ I—— ......... ...... ..........17.23. Milestones 12 Requirements -- appeals ....... . ......... ......... ...... _9110, 16 clarifications, claims a nd dispu tes,. 9. 11, 11. 2. 12 Commencement of Co tract. . n . .- I ..2 . .. Preconstruction Conference .......... ........ 18 schedules ............... -.6, 2.9, 6.6 Starting the Work ?J Title, Warranty of .......... ... 14.j Uncovering Work .... ................... ................... ljiS-119 Underground Facilities, Physical Conditions - definition 6C., ............ ............................ 1.41 Not Shownorindicacd --- ......... 4 3;2 protection of.,--., ............ ...... ......... Shown or rndicat.ed .. ....... .......... ... 1.43.1 Unit PYiiee Work - claims If 9.3, definition o( -L-12 generall.1.9, 14.1. 14:5 Unit Prices— 'crierall 1.3.1 Determination for Use of Premises ................................. 6.16, 6,18 6_10.2.4 Utility owners, .......... ....... A3. 131 6.20, 7.1-7.3, 13. 2 Utili&ition. Partial ---- - -- --- 125. 5.15. 6_3 0:2.4. W, IQ VaJue of the Work 1 ................................................... 11.3 Values. Schedule QC, .... __ ......... ........... Z.6. 142.9, 14A EJCDC GENUCAL CONDf HONS 1910-3 (090 ELIM0,10 wf CITY OF FORT (.'Qt.Lr,\m XIODIFICA716.N'S I REV 9/991 1 I I Variations in Work --,Minor Authorized ..... .. _' __6_25, 6,27,9.5 Article or Paragraph Number Visawto Site --by ENGR\TER,_._ ............ __ .............. 9. Waiver of Claims —on Final Rayinent-, .......... . 14J5 Waiver of Rights by insured parties ................ 11;.6, 11 Warranty and Gwiruntcc. General --by CONTRACTOR................................................6.30 Warranty of Title, CONTRACTOR'S Access to 1.3; 2 byothers ............................................................... 7 Changes in the...._.-_._..._...--'........................10 Continuing the.........._.__..,:...._ '9 CONTRACTOR May Stop Work or Terminate ................. ............ _ ............. 15. 5 Coordination of., Cost of the definition of �6N'i neglected hy:ia other Work-_ _ � .. ................ ............. OW 'NER \tiy Stop Rork.-, , - - 7 : - . :. I _ _ - � � ----- __13zlo OWNER iMay Suspend Work .................... 3,10. 15,1 Related, Work at Site ..................................... 7. 1-73 Starting 4 Stepping by CONTRACrOR. .... 1 ..... ......... ......... 15.3 Stopping by OM, -TER ........... ............ . 15.1-15.4 w� Variatn and deviation authorized, nainor ........... 3.6 Work Change Directive — claims pursuant to ..............................................M2 defiriiLion of 1 44 principal references to ..... ............. Written Amendment.. definition of 1.4s principal references to, ............. I t 11), 3. 5, J, t 0, 15, 121 ............... S. 21 6:19. 10. 1, W. 4. .... ....................... l*.T2 Written Clarifications and Interpretations .............. .............. : .... 3.63; 9, . 9.11 Wriuen Notice Required — by CON7RACTOR ............ :. ......... 7.1, .... i ... ,:: . IOA� I L2. 12.1 byOWNER............_...... . 9, 10-9. 11 1 0A. 11 _2 13-14 w LJCDC GLNILRAL CONDI-110"5191c.8 (IT90 LDI flo.�") wl ffff OF FORT M.L. M.. MOMFICATrOM iRFV 9199) I 11 I I I I IJ I I I I D I I I I I I I I I I LI I I I I I 11 I I I I I (:niis pgc left blank intentionally) EJCDC (WNERAL CONDITIONS 1910.8 (1990 wino%�i FOR rcof.i.rx-,morjmcxno,4s ip.Ev wtzj'j I GENERAL CONDITIONS ARTICLE 1--DEFLYCITO�s Wherever used in these General Conditions'or in the other Contract Documents the followihia terms have the meanings indicated which are .applirtble to both •de .; nbvlar and plural thereof-- I.I. Addenda —Written or graphic instruments issued prior to du opening of Bids which clarify. correct or change the Bidding. Requirements or the• Contract Documents. 1.2. : igreemet i- ncc: wriucn contract between 0 W NF P_ and CONTRACTORcovering the Work to be perl'onned;- other Contract 1locumcnes are attached to the Agrcempu and made part thereof as provided therein. 1.3. 9ppplfcaiimr for Paynxmi—The torm accepted by NNIGNA-.'R which isto he used by CONTRACTOR in requesting progress or final paymicnts-and which is to be accompanied by such supporting documentation asis r&Iuircd by the Contract Documents. 1.4. Asbestos -Arty material that contains more thin One Percent asbestos and is friable Or is releasing asbestos fibers mto the air above current action levels established by the t'lnitcd States Occtupational Safety and Health Admimsirttion. I.i: Bid —The offer or proposal of the bidder submitted on the prescribed form setting. tdnh the price., for the Work to he performed. 1,6. Bidifins Docupwnty—The advertisementor invitation to Bud, trutructions to bidders, the Bid form;. and the,proposed Contract Doctmtents (iriciudiitg all Addenda issued prior to receipt of Bids). 117. Hi'ddig Recparemenis—The .advertisement or incitition'to Bic( instructions to bidders, and the Did form! 1.3: Bodes—Performance,indPayment bonds and other instrument; of security: 1.9. Change Under —A. docrnuent recommended by LNGIYGGR: which is sib by CONTRACTOR and OWNER and authorizes an addition deletion or revision in tha'Work, or in adjustment in the Contract Price or the Contract Times,'issued &n or after the Effective Date .of the Agreement 1.10. Contract Docummntt-The elgreemcnt, _4ildinda (which pertain to the Contract Docvmerus). CO\'1'[t4C1'UR's Bid (meted g documental accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the htotice to Proceed. the Bond-- these General Conditions. 'the Supplementury Conditions, the :Specifications and the Drawings as the kICUCUE=`'FR,V-CG��tUIT[OiyS l'JIU.4 tll9tl E�tititnl e21'rY OF FORT COLD M MOMFICATIOYS I,REV A41NIM safiie, are more, specifically identified in the Agreement. together with all Written Amenttments, Change Orders, Work Change Directives. Field Orders and MGLV7EER's written intcrprotatiuns and clarifications issued pursuant to pamtTaphs35, 16.1. and 3.63tn.or alter the Effective Date of the, ,agreement. Shop Drawing submittals approved pursuant to paragraphs 6:26 and.6.27 and the repbris and drawing reRrred• to-jn fiAragaphs 4.11 and 4.2:2 are not Contract. Documents, 1.11. Contract .Price —The moneys payable-. by oWi`ffiR tO•t,ONTRACTOR for completion of the Work in nmonhmce with the Contract Documents as.stated in the Agreement (subject to dic provisions of Paragraph, 119.1 in the ense or Unit Price Work), 1.12 Contract Times -The numbers of days or .the dates stated irythc Agreement: (i) to achieve Substantial Completion, and (it) to complete the Work. so that Iit is rcady'fir final payment as evidenced by FIGINEER's written recommendation of Final payment in accordance with paragraph H.13•, 1,13CONMACTQR--The petsin, Firm or corporation with whom OWNER has entered into the Agreernrnt r.14. rkFcth,e—An adjective.which•uvhcn modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conrorm to the Contract Dmuments or does, not meet the requircments of any inspection reference standard, test or approval'retcrred to in the Contract Documcnle or has been damaged prior to ENGINEER'S recommendation of final lilyanent (unless responsibility for the protection thereof has been assumed ,by OIWi FR at Substantial Completion in accordance: with ptragrnph 14.3 or 1.15: Drrnvirngs-:rho drawings which show the scope, extent and character of the Work, to be furnished ;Ind performed by CONTRACTOR and which have been prepared or approved by LNGINEER and are referred to in the Contract Documents, Shop drawings are not Drawings as so deGned. 1.16. Ejlecri�v Dare of the Igmeniew-The- date indicnted'in`the Agreement on which it becomes, effective; but if no such date is indicated it means the date on which the Agreement issigned and delivered by the Lust of the two psrlies to sign and deliver, 117. EAGl1\2ER—The person, firm or corppratign named as such in the Agreement. 1.131 E,vGIN;<ER's Conmltartl—A person fire or corporation having it contmtt with CNG LN-MR to furnish services as ENGMER's independent professional associate or ixrnsulkunl with n:spec[ [o (he_ Projht nrttl-tvhp is identified as yueh in the Supplementary Conditions 1-.19. Fief! Onler-A written order issued by 1E1GMER 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.. [1 I [ 1 L_J ! I 1 i 1,29, Gederul Requirements -Sections iif Division I of the SpeciGctiticros, 1.21,Hiizarilotu Wi le=rhe tern ffazardtius Waste shall have the meaning provided'in Section 1604 of the Solid Waste Disposal Act (42 USC:.'Seetion 6903) as amended from time to time: 1.22.a. Laa( and Regirla6orts: Lams orRetvlarions--Arty .und all a plitabl: laws, rules, rraulutions. ordinances. codes and 'orders of-any•and' all governmental bodies. p.-cteies authorities and courts having jurisdiction 1.22b. Legal llolidays-shag be those holidays observed b%, the City of Fort Cal lints. 1.21 Liens -Liens charges, security interestsor encumbrances uponreal propirty or personal property. 1.24. Uilesicinc--A principal event -specified in the Contract Documents refitting to tin intermediate completion date or time prior to Substantial C ompletian of all the Work. 1.15: Notice ojR!vani-A written notice by OWNER to- the:apparent succcselul hider stating -that upon compliance' by the apparent successful bider wish the conditions psccederitenumerated therein, within the titre specified, OWNER will, sigh and'deliver the Agreement, i 26, Notice to Nroeettt-A written, notice giver[ by OWNER to CC)hPrR-4C'I'()R (with a copy to F-NGINEFR) fiurtg the date on which the Contract Times will commence to run and on widish CONT RACTOrt shall start to perform CONTRACTOR'S 'obligations under the Contract Daumenrs. 1.27. OIINER=rhe public body or authority, corporation, •issocutiun, firm, or person with whom CONTRACTOR has entered into the Agreement and for 'whom the Work is to be:provided 1 M, Purfiul Utili_ation-Use by OWNER of a cutr:tanfially 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 L29. PCBs -Polychlorinated biphenyls. 1:30. Pen'oleian-=Petroleum; including; crude oilor am fraction thereof which is liquid at standard condition's of temperature and pressure (50, degrees Fahrenheit and 14.7pounds per square. inch absolute), such as oil. petroleum: fuel oil, oil sludge, oil refuse, gasoline,.keroxne and oil miredwith oilier nun -hazardous Wastes and crude oils: 1.31. Project=The total constructibmaT which the Work to be provided under the Contract DucumentS my be the whole, or a pen' as indicated elsewhere in IhCL Contract Documents 132.E Rmhoucrive :Sfuterial. Source, special nuclear. or hyptpducr material as iiefired by the Atomic Enemy Act of FJCUC'GEN FULCONU11'10V' 191 uI9 t1Y9a E(Jaicai M O IT OF F'OR'r COLLI %3:MGL)lFICAt10Ns (ItEy 1'?OO )) 1954 (42 IiSC Section 2011 et seq.1 as aincnded from time to time. 1.32,b. Reitidar lVonUne Hotirr-Regular working hours are .de(ined as - TOO= to 6:000m .unless -othenvise specitied imthe General Remwentents., 1.33. Resident Prq act Reptesankitive-The authorized representative of ENGiNEER who may be asgtmcdto the site oruny part thereof. 134.- Samples -Physical: e.¢amples of materiaaL^:. equipment, or lcrkmanshipp that are representative of sonic' portion of the Work and which establish the standards by which such portion of chit. Work will he judged 135: Sloop Ordi ing.c-All drawings, diagrams, illus[ratiumk schedules and other data or iratormadon which :arc s�ipxceitically prepared or aswmhtcd' by or for CONTRACTOR and submitted by CONTRACTOR to illustmte,some portion of the Work 1.36. Speefcarions-'rhosg portioms of the Contract fAxumenLS concisfing of written technical descriptions of materials, equipment, construction systems, standards and workmanship - as applied' to the Wcvl• and certain administrativedetails applicable thercto: 13T Subcontraelor---An individual, firm orcorporation- having a direct contract with cmuRACTOR or with any other Subcontractor for.the, performance of a part af.the Work at the site. LA, Substctnrial Cansviefion--The Work for a specified �art thereat) has progressed to the point where: in the opinion of ENGINEER as evidenced by iENGDJEER's definitive certificate of Substantial Comppletion, it is sufficiently complete„ in aecordincd with thc�Contmct Documents. so [hat to Work (or spccitied part) can be utilized for the piarpuses for which it is intended;; or if no such certificate 'is issued when time k �i Work- complete mind ready for fthaP payment. is evidenced by F.NORM]FR's written rconmmendotion of final payment in accordance with paragraph 14 13: The semis. "substantially complete" and 'substantially mmpletad` as applied to all or pan of the Worlcrafer to Substantial Completion thereof 1_19. Supplementary Condinrnu-Tate part of the Conract Documents which amends or:supplements,these General Conditions„ - 1.40. Supplier -A manufacturer, labneator, supplier. distributor. materialman or vendor havim- a direct contact with CONTRACTOR or with. any Subcontractor to 'furnish materials or equipment to be incorporated;En the Work by COINT RACTOR br any Subcontractor. 1 A1. Underground Focilitfes-All pipelines conduits, ducts: cables wires manholes vaults, 6nls. tunnels or other such facilities or.attachrncrLs,.and am• encasements comauung such facilities which have hecn installed underground to furnish-nny of the following sertticeg or materials: electricity, gases sTerim. liquid' petroleum products, telephone: or other communications, ,cable television. sewage and drainage removal, traffic or other control systems or wafer. 1.42- (inir Price IYgrt•-Wort: to be paid f,ir on the hasis of unit prices. 1.43: tValk"The entire completed construction or the vurious:sepamtely identifiable parts thereof required to be furnished udder the Contract Dotumenti. Work includes urid is the molt -or performing or furnishing labor, and - furnishing and incorporating materials and equipment into the comtruction..and perfarming or furnishing services and furnishingg documents, all is required' by the Contract DocummLt . 1.44, )f•-ark Change Direedw-A written directive to C:ONI•R4CTDR L-Rie l an or after the Effective Date of 'the Agreement and sig» ed lw OWNEk and recommended by EVGLVEER- ordering an addition deletion.ur-revision in the Rork, or responding to differing. or unforeseen physical conditions under which. the Work is to he Performed as provided in pamwaph4.2 or 4.3 or to emergencies under paragmph a.23. A Work Change Dirvr iiva will not change the Contract Price orthe Contract •inn-, buL i% evidence that the parties expect that the change directed or dtocumentedby a Wotk Change Directive will be incorporated in a. subs. quently issued Change Order following negotiations by the panics as to its effect; if any,. on the Contract [-,rice or Contmet'Tinias as Provided in pamgraph'10.2. 1.45. Wntren Antembnent-A written amendment of the Contract Documents,. signed by OWNFR and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengincering or nontechnical rather titan strictly construction -related aspects of the ContractDocumeras. ARTICLE 2-PRELLNQN.YRY-3IATTERS Deiiverh of Bonito: 2.1. When CONTRACTOR delivers the! exeeutad Agreements to ORi`,rER. C6NTR.1CT0R shall' also. deliver to OWNER such.Aonds as CONTRACTOR may be required to furnish in'aceordance with paragraph 5.1. Copies of Documents, L2 OWNERshallCurnishtoCONTRACTORLip toten. copies (unless_ otherwise specified in the Supplementary Conditions) of the Curamct Dhs:umcnts as are reasOnablJ necessary for the execution of the Work. Additional copies will be furnished, upon rcqucst. at the cost of reproduction. Commencement of Contract Tuner, Notice to Proc•ee'rt•, 2.3. The Contract Times will commence to run on the thirtieth dsy..aftcr the Effective D[Ate-of the Agreement, or, EKDCOE'NEAALCONDITIOCB 1911)-3 ([A) E06a0 W C1lY OI; FORT COLLI NS MODIFICATIONS (REV .1,?(910) if. a Notice to Proceed -is givon. the day indicated in the iVotice to proceed. A NZ OtHeen• to Proceed may be given,nt any time witltinthirty days alter the Effective Date of the Agreement. r—„rho C`CnF Nvili-ilri--StlRtfa6't Tim�ti '7Eti[IllinEe a�v.�r atci.•..rtiian-tI1C-5F.4ita'i11304'-NIIG'F.-FIiC-fiat eFBid-openinror-thr thirti2th-da+r-aftepthz _Effi.:ttve-(�atp 4the-li;rveti cot-which�wer-date-is�,wrlirr: Starting the -Work: CONTRACTOR shall start to perCgrm the Work - on the dine when the Contract Times,com ncnec tornut but no Work shall he done at the site prior to the date on which. the Contract Times commence to run Before Starring Construction: 15. Before undertaking each part. of the 1Vark. EUNfRt\CTUR shall carefully- study and compare the Contract Documents' and deice• and verify peninutt GLures shown thereon and all applicable field measurements CONTRACTOR shall promptly report in writing to.ENGENEER any,conllict, error, ambiguity or discrepancy which (_t,)NTPACTOR may discover and shall obtain a written mictpretation or clarification From FNGQN-F.FR before proceeding with any Work affected therchy,. however. C6.i'rtLA,CC0R. shall not' be liable to OWNNER'or FN013NMER tier failure to reps any contlict; error, ambiguity or divecrepancy in the Contract DocuntcoLg unless CONTRAr.fOR knew or real mbly should have known thereof ?A, Within ten days after the EffectiveDatc of the ,kgrecmcnt (unless. otherwise specified in the Cmncral .Rcquirements). CONTRACTOR shall submit - to ENGUEER ter review: _.G.L a pieluninary progress schedule indicating the tintes,Cnumbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified La the Contract Doctiaiems: "_'.G._'. a prelantrlaty schedule of Shop Drawing and Simple nuhmivals. which, willlist each rcqulred .,submittal oral the time-, for submitting. reviewing and processins such submitial: :o:d.L .In no .case will a schedule .be acceptable which allows lest than '_I calendar days for each review by Eneineer. 2.6.3, A.preliminan• schedule of values far.all of the Work which will include.qurntities and prices of -items aggrrgatmg the Contract Price and will subdivide the Whirl;: into component partsin detail to serve as the basis for prtry ess payments during- construction Such prices will include un a0prop6me.amount of overhead and prufit.applicable to each item of Work. IT Before anv Work at the site is started. CONI•RAC.:r0R, ants-(AVNEP3•, shall eah deliver to the ether OWNER with _cgpie,s to eaeh-addi� idantified-r�tltezS itt--lemeiitan�-Ftindkiens ENGINGEVy II 11 L I certificates of •insurance and other :cidence of insurance whwh-alFheF-er-.,�Fa^,-ar-arty-Hkklttrene{-trntved-mPv xasarttkblt'--rxgtxst rruuesied tiv OWNED) which CO\-gPAOTOR-and-GIW t112:respestively 3isrequired to purchase aura maintain in accordance- ,with parag)•aphqJ4-+6-and5-7; Preeonslruction Conference, 2Z Within twenty days after the Contract 4 ¢ncs start to rota but 6eCgre any Work at the site is stahe(L _a'conterence attended by CONTRACTrjI-'ENCrI�lEEt2 and odim' as appropriate, will he held' to establisha working undemuindvtl-among the parties as to the Work and to discuss. the schedules referred to in paragraph 2.6, procedures For handling '.Shr' Drawings and other submittals processing. Applicruonsr for Payment' and maintaining rrquiredrecards. /nidigi-Acceptable Seliedules: 2.9. (Unless otherwise provided in the "a conference attended by CONTRACiIOR,. b�NGINEER and'others as ttriprsfxieita desikrimed Iry OWNER, will he held to review for act cl5mbiliry to ENGINEER as provided below he schedules submitted in accordance with poragmph 2 �. a�Diyisiort�i_General jZgihtit�il�rts. C.ONi TP,ACfOR.shall have an additional ten days to make corrections and adjustments and in complete and resubmit the schcdules. No: progress piaymnent shill be made to CONCRU\CTOR until the schedules arc submitted to and acc.plaable to 'ENGhIEEIt as provided below -The progress schedule will he acceptable to FNGtieIF.ER as ;providing an orderly progression, of the Work to completion within any specifi'd Milestones and the. Contract Times, but such acceptance will ndither•mlpo'w on L-tGI\ZER-responsbilily for the setluencirt••, scheduling or progress. of the work nor bit rtere with or relievo CO\TR:A(-:TOR front CONTR.ACTOI2's. tuft responsibility- therefor. CONTRAC'TOR's-schedule of Shop Drawing and Sample �submissiiins will be accepuble. to. ENOUNFF.R. as. providing a. workable arrangement. for reviewing and .processing' the required' :submittals CONTRACTOR's schedule of values'wrll he atTeptable. to EMIINMERas to f6rni and subsmnce: ARTICLF 3-CONTRACT DOCUMENTS: INTENT, .GPI EYD [ FC;, RLti Sfi. . (nrent: 3:_1, The Contract Documents comprise the entire auecracnt. beuveen OW`NM and CONTRACTOR conccmirg the Work. The Contract Documents are. camplanienLarvi what is called fur by one is:asbindatg:is if called for by all. The Contrast Documents tvdl be' construed imaccordance with the law of the place.of the Project 31 tr is the intent dF the- Contmet Documents to EJCDC GE%UU\L.COtJDt n1) V't Y I VJf rl9'JO 6clign1l. act OIY OF Folt'r COLLI N9 6IOUIFICATIONS !lily d,:IKKJl describe a faiiefonilhi completeProject (or'lxirt thereof} 'to he constructed :inaccordance with the Contract Documents: Any W L materials or equipnxnt.that.may reasonably be interred from. thr, Contract, Document or tram prevailing custom or trade usage as being required to prgduce the intended re_sWt will be furnished''' and perforated whether or riot speciGeallycalled Cdr. When words or, phrases which have a wdknown technical or construction industry. or trade .meaning are used to describe Wuik, materials or equipment, such words or phnisssshall be interpreted in accordance widl that meanie. Clanfictltons.and interpretations of the Contract :Documentsshall he issued by ENGINEEP as provided in pamgaph J.d. 3J: Reference -to- Stmrdhrdv, and .Ypecificadous of Technical' Sacied6; Reparting• and Reauhing Dtccrepaaciev* 33:I. Reference ro= standards, •spccuicaticns; mama Ls or cotter o f any tcchnicalsociety. organization . or.associstion or to the Laws or Regulaaops ofany. governmental authority, whether such reterenci Jhe specific, or by .implication, shall mean the latest standard, specification. manual, code or laws or Regu(atiomin cfli:cl aCdte time'af`oprining_uf F3ids (or, on t1 E'ffcctive Date or the .Agreement if there %veto no Bids),. except as ,may be otherwise specihcally stated iri the ConttactDocuimcnts: 3.3.2. lt; during the performance of the Work, (JONTRACTOR discovers any conflict, emir; ambiguity or discrepiincy within •the Contract Documcrim or between the Contract Dta unwnts and any :provision of any such Law or Regulation applicable to the pertimnance of the.Work or.of'nnv such standarcL ,gxciticxition, manual or code or of a Y instruction of arty Supplier r6erred'do in paragraph 6.5, CONTRACTOR shall report. it. to. EivGiVF;ER in writing at once arik4 CONTRACTOR: shall not proceed with the Work iftected thereby (except in rat emergency asauthorized by paratgaphG:23) unfit an m aendment or supplement to the Contract Docunnems has. icon issued hot one of the methods. indicated in ptrlvgaph3:5 or 3,6; provided however, that CONTrtACTOR shall: not he .liable to OWNER or ECGINIM, for failure to report any such. conflict error, ?anbquity or diseTepancy+ unless CONTRACTOR I:irew it reasonably: should have knownthereof. III Except as otherwise specthcally stated in the Contract Documents or nsmay be provided by amendment or supplement hereto issued by one of the methods indicated • in pami7aph 3.5 or 3.6, the previsions of the Contract' Documents shall take precedence in re -salving :my conflict:. error, ambiguity or.discrepancy between the provisions of the Contract Oocumcnts und: 33.3a. the provisions of any such standard. specification. manual; code,or instruction (whether or not specifically incorporated by referetuc in the Contract OouumenLs); or 3.3.3,1 the provisions of any such Law.5 or Regulations applicable to -the performance of the Work (unless such .an interprelatiort •of* •the provisions of the Contract Documents m w1d result in violation of such Law or Regulation). No provision of any such stancLlyd; speciftuntion, manual; code or .instruction shall be. cf1cctivc to change the duties .and responsibilities of OWt`fER, CONRACt :Ott or ENGti`IEE:R; or any of their subccntractors, consultants; :agents or employees from those set forth in the Contract Documents, nor shall it Ix cltcc61: to assign to OWNER ENTOMF.ER or any of DIGI TEF,R's Consultants, ogcnL9 or employees any dutyror, authority to supcNise. or direct the turriishing or performance of tic. Workor any duty or authc6ty to undertake responsibility inconsistent with tie provisions of paragraph 9_13'sir any other provision of the Contract Doct mmis.. 3.4. Whenever in tr Contract DMuncrits the tenns'as 'er&red"; "as directed", "as icquired", "as {allowed"; "as .approved" Or terms of like effect Or import are used. or the adjectives "rensoimble". "suitable", "acceptable" "prorw" or "sgtufaca(w or idjcctives of like effect or import are used to descnbc a requirement.- directik review or judinnent of GNGM=— - as to the Work, it is.intended. dial .such requirement, direction; review or judgtuent will be solely to eValuaie, in general, the. completed Work for •amiphareer%Viththe requirements of and infonnation'in the Contract Documents and wriformunco with the design conn c pt of the completed Project asa functioning }whole- is showor a indicated in the Contract Doegrments (unless there is a specific ststementindicaiing otherwise). The tine of my such'term or adjecteve shall not be i4ecuve to assign to DiGINFUERany.dutyor authority to_supirvisa or duet:[ the fumishirt or performance of the Work cr any duty or .tutihority to undertake responsibility contrary 'to: the provisions of paragraph 9.13 or any other provision of the COntrflal Dacuntents, Irnenr6n„ and Supplernmting, Contract Docemenhr 15. The Contract Documents may be, amended to provide for addaion� deletions and Nmions in the Work' or to modify, the terms and conditions thereat in one- or more of the followin; ways: 3.5.1. a formal Written.Amendment. 3.5._: a Change Order (ptuiutmt to parupaph 10.4). or t.ICDCULIN RAL CONDITIONS t91a-8.(199(16k61*tm1 W 0 11 OF PORT COLLI Ply MODIFICATIONS (AIN aC W a l Wixk• 'Change Directive (pursuant to paragraph MI, ' 3.6, In addition the requiren tints of the Contract, .Documents may besupplcm» ntccL. acid miner, variations and deviitions;m the Work, may be author. wed, in one 6r .ntweoftiel'olmm, g'ways: _. 3;6, I. A Field Order (pursuant to paragraph 9,5), 3.6 FNGfNLGR's approvnlof a Sh6p Drawing yr Sample(pursuanLto*eniitraphsG:26 arxl'6._7}', or 3.6.3. LNG WEER's written interpretation or clarification (pursuant to paragaph 9.4): Reuse l f Documents: 3.7: CONTRACTOR, and .any Subiontmctor or Supplier or other person or organ mdrin pcsforiihtr or flrnishint tray of the Work tinder it director indirect . contrac! with OMNER (). shall not have or acquire any title, to or ownership .rights in any of. the Drawings, :Specifications or other documents '(or a)pies of any thereof) prepared by or bearing theseal of ENGINEER -or FNTCHNEER's Consultant and (ii)•shatl not rcusc gany_af such Drawings, Specifications, other.documeriM or copies on cetcnsions of the Project or any other project_ without written consent of OWNMR and-LNI Q WEER and spec fk; ryritie n vet it iaaiM or adaptation by E VCiINRER_ ARTICLE•4—AV MLARILITY OF LAODS: SUBSURFACE AND MUSICAL 'CONDITIONS: REFFRF.NCE POINTS Availability ofLaadvr 4,17 OWNER shall'turtuslt as indicated m thtCoraract Documents, the lands upon. which the Work is to be performed: rights -of -way and easements. for access thereto; and. such other lanck which are d&;iPpawd for the OWNER shall identify am erwumbrances or restrictions M1 of general application•but sp=fwally.related to use of lands so furnished with which CONTRACTOR wall have. to. comply in performing the Work. Easements'. Car permanent structures or permanentchanges in e,¢istin�, facilities kilt be obtained and paid for by OWNER- unless otherwise provided in the Contract Documerus.. If (SoN'YR.4CToR and OtS+NELi erc'!uuible to aerec on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract. Times as a. result of any dday.in OVV F.Ws funruhing tics . lands rights -of - way or easrmetits, CONTRACTOR may makea claim therefor as provided in Articles I and 17, L-1 1 1 11 I 1 1 11 1 1 1 I SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 31st day of May 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 Cutler Repaving, Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. AGREEMENT RENEWAL & WORK Renewal. This Agreement is a renewal of the Agreement entered into between the parties on the 31st day of January, 2008, entitled Hot In Place Recycling Project, Bid No. 6077, City of Fort Collins (hereinafter called The 2008 CONTRACT)and all portions interpreted as if the same were attached hereto. This work shall consist of rehabilitating the existing surface layer of existing asphalt pavement with specially designed equipment in a simultaneous multi step process of heating, scarifying, applying an asphalt rejuvenating agent, and thoroughly re -mixing and re -shaping the old asphalt surface, and then placing an overlay of new hot mix bituminous pavement. A single machine that heats, scarifies, recycles, and spreads virgin material all in one continuous pass shall be used. This renewal is authorized pursuant to Article 3.1.1 Contract Period, of the 2008 CONTRACT. This Agreement shall be effective on the date this Agreement is signed by the City, and shall continue in full force and effect until February 1, 2013. ARTICLE 2. ENGINEER The Project has been designed by City of Fort Collins Streets Division, 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 Thirty Five (35) 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. They also recognize the delays, expenses and difficulties involved in proving Section 00520 Page 1 I _J F i 11 I] 1 1 CONTRACTOR shall provide for'all additional lance and access -theretothat may be required for temporary construction .facilities or storage' of materials and equipment. J? Subsibf7ce and Phyiieal Cnndiritins 4.2:I. Reporu and Drdivings: Reference is made to .the-Supplememary Condilions for identification of, 4.11,1; Subsruface. Carreh-tions., T.iose reports of explorations and testa of subsur face conditions at or contiguous to the site that Have been uulized by ENIGINEER in preparing the Contract Do:umcnts: and 4.2.I 2. Pl{vsicul Conditions "those dmwirws of physical conditions in or relating to existing surtace ur subsurface structures at or contiguous to the site ,(except Underground Faciliiiea) that have been utilized by ENGWEER in preparing the Contract Documents. 4.11 Limited Reliance by CONTM4(WR atdhnmeii; Technical Data: COtTrRAC TOR may rely upon the general accumcy or the."technical data contained in such reports and drawings, but such nTiorta and draw'ingsare net Contract Documents. Such "techmcal. data" is icictaified in the Supplementary.Conditions. Except for such reliance on such "technical data", CONRAGTOR may not rely upon or make cute claim against OWNER,_ EN(NilRER or any of ENGI, f F FR's Consultants with respect to: 412:1. the completeness of such repprm and drawings for CONTRACTOR's purposes, including, tint nor limitett to, any aspecri.of the raring, methods, techniques, sequences, and procedures of construction to be employed by C0NTR_-%CTCJR and safety precautions and progrtuns incident thereto, or 41112. other tfata; interpretations,. opinion: and Wormation.eontained in such reports or shown or indicated in such drawings, or 4.123. any CONTRACCOR iniapreuuion of or conclusion thawn from any "technical data" or any such data, mterprvianons, opuiiom or, information., 4.2.3. Notice qf. Differing Suhsrirface or Pksucal Conditions: If CONTPN7FORbelieves that anv suhsurtiace or physical condition aLcr continuous to thenna that is uncovered or revealed either.. 4:2.3.1. is of such a natureas-toestablish that any "technical data" on which,CONfRAC•TOR is entitled to Wily as provided in paragraphs 4.2.1 and. 4.2.2 is materially inaccurate, or 4:7 3:2. ig of such a nature as to require a .change in the Contract Documents, or 4_'-.3,.i: diR'ars. ntamriallt^from,that drown or F7C'GGGENERU. CONUITlM8 t71n.8 (197o Ecfi6Lxoj ld 01Y OF FORT COLLI NS MODIFICATIONS (REV a,7 aixt} indicated in the Contract Documents, or 4.2.3:4. is of an unusual nature. and differs materiallyfrom conditiom ordinarily encountered and generally recaunized us inherent in work of the c4amcter provided for in the Contract. Document+: then CONTRACTOR shall, promtptly immediatgl after bccemnt; aware thereof and before further disturbing conditions affegy l'thereby or:performing Hit),Nork'in .connection therewith (except in an -emergency is pp�rnnitted by paragraph623), notiK, OWNER and ENGWEER in wring about such condition. CONTP:aCTObiishqll not farther disturb such conditions or pci{nim any Work, in connection therewith (except as atbresiid) untilreceipt of written order to do so. 42.4: E UNEER's Rhea% EINGLNEER will promptly review the pertinent renditions, determine, the necessity of O\Wi�ER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing. (with a• copy [o COGI NTRA'Qii) of ENGINHER's ,.findings and conclusions: . 4:2.5, .Pozible Contruct D)xiwwrrty Change: ,II ENGINEER. concludes, that a change in the Contract .Documents is required as a result of a condition that meets one or more,of the categories in paragraph 4.2.3, a Wort: Change Directive or a Change Order will Ix issued as provided in. Aniclel0 to reflect and document the consequences of such change. 4:2.6. .Pessifila Price and 'fires .4,§q' rmrarity: An equitable. adjustment in the Contract Prix or in doe Contract Tirfies or both, will be allowed to the et -tent that [he existence of such uncovered or revealed condition causes an increasc or decrease in CO_YTRr\CCOIYs emt of or time required fur performance oC the'lVorb:; subject, however, to the following: 4.2.6.1: such condition must meet any one or more, of the categories ckseritied at p arnamphs 4:2 3,I throuel 4,23.4, inclusf c 4.16.2, to change ih the Contract Docurtierim Nrsuaru to paragraph -4.2.5 will not 'Le an automatic. authorization of nor a condition precedent 16 entitlement to any such adjustment; 4.2:6.3. with'respett to Work that is paid for on Unit Price Basis, any adjustment in Contract Pricer will be subject to theprovisinm of perasaa phs 9. li)and 11.%and 4.2.6.4. CONTI2ACTORshall not be -entitled to any: adjustmcnl'in the Contract Price iu Times if, 4.2,6.4.1. CONfR2o\CTOR knew' of theexistence, of such 'conditions, atthe time WNTR'AGI'OR made a final cumntitnicnt to OWNER in respect of Contract Trice ind'Contmet'rimes by the submission of a bid or becoming bound under a negotiated contract; or 4.3.64;2. the existence of such condition could reasonably have been discovered or revealed as.a result of any e:.xmulation, -investigation, exploration. test or study of the site, and contiguous areas required by the [lidding 'Requirements or Contmct.Documenis to be conducted by or for CONTRACTOR prior to CONTRACTOR's makura, such fatal camimirmenr, or 4.2.6.4.3. (,()NTRek'fOR failed to giS%e the written notice within the time and as required tw paragraph 4.23. if OWNER and CONFERR\C•I.OR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in lhe'Contracl Price or Contract; Times, it claim may .be made therefor as provided in Articles I and 12. However, OWNER, ENO INFER mid ENGIOD- "R's Conathants shall not be -liable to (,OuTRA(,fOR for any claims, catts• losses or damages sustained by CONTRACTOR onorin connection with any other project or anticipated project .Q. Physical Conifitions—CinelergroundFacilities: 4.3.1. .S'hoan orbuficared., The information and data shown or indicated in the Contract Rocumcnm with respect to e.cisting Underground Facilities at. or cc,nbguous to the site is'based on information and data ftunished to OWi` M or ENGRNF.FR by the owners of such Underground Facilities or by others. Urdesc it is cihcrwisc expressly provided in the Supplementary Conditions: 43.1.1. OWNVERandEIGLNEER.shall not be re.*dnsible for the -accuracy or completeness of any such information or data;. and 43.1.2. The cost of all of the following will be utcluelcd in the Connact Price and CONTRACTOR shall have full responsibility for: (i) reviewing and -checking all such information and data, (ii) looting .all Underasound Facilities shown or indicated in the Contract Dceumcros,(iii) coordination of the Work with the owners of such Uadzrgroulid Facilititvs during construction_ and (iv) the _safety and protection or ull such Undergtvund Facilities as provided in paragraph 6.20 and repairing any (Damage thereto resulting tram the Work. 4.12. Not.Shoanor hi(hcated. If an Underivround Facility is uncovered or revealed at or Contiguous to the site which was not shown of indicated in the Contract Ucxaimems, CONTRACTOR Slwll, promptly immediately of i:r hecomim; aware thereofand before further disturbing conditions affected thereby or performing.any Work in connection therewith (except inan emergency as required by paragraphti;23). identify the owner of such Underground Facility and FJCDC UE'NER,u. CO 1UITIOi Li I91 bS ( I O) Ekkitn I u/CTrYOPFORTCOLLINS\IODI61C.kTIONS(REV 1, a11a1 give wrirtan notice todhat owner And to OWNER and l3NGhNEER 13NMNR:ER will promptly review the Undergrotmd Facility and determine the cxtcN, if. any, to which a change.is required in the Contract Documents to rcllect and document the consequences of the emstence of the Undeigound Facility, 1f LNG INTER concludes that a change in the Contract .Documen(s is required, a Work Change Directive or a ChangrOrdcrwill be issuedas provided in Article 10 to rcdcut and document such consequcnces. During such time, CONTRACTOR shall be responsible for the safety and ,protection of such Underground Faeiliw as provided in �ztra¢raph60). CONTRACTOR shall may be 91lowe l an increase in the Contract Price or an extension or the Contract Times, or both,. to the extent that theyara attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CON'[R\CTOR did not know of and could not runsonahly have been expected to liemvarc of -or tohacluiticipated If.OWNER'andCONTRACTOR are utnblcto.11�rea on entitlement to or the amount or length of any such adjueunem. in Contract Price or Contract Times, WiNtFRAC•TOR may make a claim therefor as provided in Articles I I and 11 However; OWNF,R, ENGRNMER and F`CvINFF.R's Consultants shall not be liable to core' R\Cf oR for any •claims, e(nLs losses or damages incurred or sustained by CONTRACTOR in or in correction with any other project or anticipated project. Reference, Points: 4,4. OWNHIR shall provide criginctring surveys to establish reference points lbr construction which in ENii(INEER'+ judgment ere necessary to erable CONIRACTOR to prc reed with'' the Wcrk. CON'TRAC•TOR shall be responsible for _laying out die Nark shall protect and preserve the established refefence points and shall make no changes or relocations without the prior w•rinen approval of OWtiT-R CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires. relocation because of neccsaary changes in grades or locations, .and shall be responsible for the accurate replacement or relocation of such Nfaence points by proTesionally qualified personnel. r . 4.5. Asbestos; PCBs, Petroleum, lla rdoms Waste or Radiwetive 'lAterial } 4.M, OWNER shall be responsible for any :Asbe'IM PCBs, Petroleum, Hazardous Ww%le or Radioactive Nlaterial ureuvered or revealed at the site which was not shown or indicated in Drawirgp—or Specifications or identified in the Contract Ducuinems; to be Within the scope of the. Work imd which may present a substantial danger to persons or prop rty exposed dieretu in conriLction with the Work at the site. OWNER shall not. be responsible for any such materials brought to the site by cavrRAGTOR. .Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible_ I I1 { _5-22-t.2J%JPF V0,T0 2 siiaU-immetiiitely-{i)-stop all FiclFi-4:ErIH2CEif3F1""X'il�Y.`kJ6}} }1E}%Ar£IBF}S-GoRdilwn and iR anF 9fCFY-aff-tsed gweb; GYi Cp%-ffi-UR-t Ff}e[P�Cf1Gy ss--rrilk4e4—b}—perEt a�>ii 'rl—aad—ft>}ne_ErEy sercli-tixice-in-wnititig)—fJllN H ti�sl>stll-promptly armul!•With-ENG riti'EER etmieemirg th�necasikv-fen UW`r`'ERlo-rattiiita cfuulihad enpeR-to-evuhwta-such he�rdattseve-tutiert-i €-an}- «JN'T [v\hTUf%shel6riot-bc rdyuued" tu-r6imte-1Vurk in-Goroiavtien-�irh-stiGFi-kiaatrdcitis�trriditieir��irfanv seeh-a�ied-ergs-until-a(IeF-E�L4��C�ktesdl+Favtad L 11 �?.�—{.,� • pracisiens-a€-�aQ�..F:,�-T.= and-3-�nrr ncH-tnt2iidCd-[9-t2ppirfci--i9i<!5[H9-F�t'3".. E'c`FFG�?etlftT; I'ffll9idekir- i�85te-Gt- 'takilEV6tlYc'-Muwnl#l-anliel- rid EICDC riEN''MU. COuDindml 9l04 i OW Edtiatl w cl i-v of FORT COLLINS XtODWICAT[ONti tkEV I,2006) ARTICLE- 5�-DONDS :%ND INSQR,INC V Performance, Paymerdand OilrerBonak- '?.l. -CONTRACTOR .shall furnish Performance and .Payment Bonds; -e each in an aniMuit at least equal to -the. Contract fk c2 as security for the faithful pertonnance and paymcnE oC all CX1NTRaCI'URs obligations under the. Contrau. Documents. Thesz_ Bunds shall r �riiein.irt dffeet al least unlit one yrar •gRer die•daie-wAcn kcal payurent becomes due, exuVt as provided'otherwise by f,aws:or Rcmmatron or by the Contract Documents. CONTRAUrOR'shall nlso furnish such other Bonds•as are required by the Supplenientniv Conditioni. All t3onds shall be in the Corm prescribed by'the Corilrxct Doetanenis except as provided othenvise.by Laws a Regulations and shall" be executed by such surcSi6ias'am named,ih the current list of "Companies. [folding Certificates. of Aufharily as Acceptable Sureties on Federal Bonds and as 1.cceptahle Reinsuring Companies". as published in CircularPtt iamended) by the Audit Steffy Bureau -of Government Financial" Upzrations, U.S. Treasury' Dgarmient. All -Bonds sinned by an agent niust.he -accgngr niad-hy a Curtifiud-copy-or':=N agent's authority, .to act. i;?, I.f the surety in any Borid- furisbed by 0ONTRACTOR is declared. a. bankrupt or become insolvent ni its rie_ht to do husiness.is'terminated in any stntc lvhcrc,any Bart of the Project is located or it ceases to in R the reTiircmertis•of,paragraph >.l, CO\rfRACTOR shall within -ten. datesthzrc'ttiq substitute -another Bond and surety; both of which must be acceptable to nWNTE.R Licensed Suretiev: and Insarervl (Certificates of Grsumnrce.= " 5AA. All Bonds and insunutoe, required by the .Contract Douments to be purchilsed'and ftminimined by CAVNER :or CONCL-�CTOR.shall b+ obtained Gum surety or insurance,. wra�mies.tfmt.. ate duly licensed or:authorin_id in. the'jurisdiction jn which the Prujcct is located to issue Bonds or insurance policies for the limits and cmertges sb requiied. such surety and insurance. companies shall, also meet' sudi additional requirements and quehHcations m maybe provided in the Supplcnientan'Conditions, 5.3.2. CONFRACITOR shall deliver to oWNGR( tvidt copies to each ad littonal' nsured-identified in the Supplementary Cenililions; certificates of insurance (and other evidence of ".insurance requested by OWNER or any ,other additicmal insured) which COi`}1'CLACTURis requved jo purchase and_ mavttairt L L I C0ATR4CT0R'.v Liabitiop /nsvmnce: i 410 include contractual liability insurance covering COYrR.aC'T02's indemnity obligations ,.d. •CONTR.4l.TOR.shall purcha find mainWifi sucti tu•der,pi ,igra*6.lr_',6.l6md6.3l thrudLh6:33; liability and other insurance us is appropriate for the Work being performed and furnished and as will proyide 5;4,11, contact a. provision or endorsement that the from claims set forth below which may arise out covem_e afforded will not be cancelled. materially .protection of or result from CONI'RACTORs performance and changed or renewal refused until it least Laity days tltrnishir>j Ot the Work and CON' fR..'ir_.TOW:; other prior Written notice has been �rYen to OWNER and ' hgali obens urxler the Contruct Docunieits. Whether it is. to CON L RY%UOR and to each other rt d tiunal insured be pgformed or fyrriished by CONTRACTOR, ariv -identified in dieSupplementary Conditions. to whom Subcontrmetor .or Supplier, or by anyone•.directly Of. a Certificate Of alSuarif:e haS been'iSSUed Land the indirectly employed by any of them to perform or famish certificates of insurance famished by. the any, of the Work. or by anyone for whose acts any ?(them, CONTRACTOR. pursuant to pmi6mph 3 swill', so may he liahle' prosldej AI. claims under Worker' compensation disability 5.4:12. remain in effect at leastuntil final payment Uinclitsand other similar eniglayce bandit nets; and at all times thereafter when CONTRACTOR, may - bccorrcetinv_ removing or replacing- ek/ectire Work 1,4.1 claims for damages because of hcidilyy •injury, in accordance with paragraph 13 12, and occupational' sickness or disease, or death of �(X)N1TRACT0R'semployees, 5.4,13; with respect to, completed: operations insurancc,'and any .insurance .coveragewritten on -a s:J.:3. -claims for damages because of bodily injury, elainv-made basrg remain in. etlect for at least t%ve sickness or disease, or death of any person otherthan ycars attar final paymaent. (and CONTRACTOR shall CONTRACTOR'semployees, -ldrn h O%kWFR and each other. additional ihsurcd identified in the Supplementary Conditions to whom -1:J--elairns-FeF-damages- insured-by--eustanary a certificate nt insurance hits been issued evidence pzisermt-trgert liebdiF;rreesreeeee-tshfekeiee-Ylistliietede sahsLactory h, OkN,TER and -my .sueh : additiomi ' (f lay=any-pars........ -rasuk-aE-ttr>_alt--t=� irestdy-or insured of conunuaaiin. of such atsurance at final -ireairz<-tic•-retread-ta-lhr-amp4,>.vnaent-af sikh-persar-Jay payment find one yenhthercafterl. !v?,iY[).t�y.�. r'/lOF la-]•l1y-flRy-4?EhCFfitfSf%T-tE3F-@F14 other --riser 01PNER's Liability Insurance: 5Ai claims for damages, other than to the Work 5.5: Inadditionto insurance required to be provided , itself, because :of injury to or destruction of tangible 6v CONTRACTOR under paragraph,i 4,. OWi`tflt, it property wherever located, Including• loss .of use OWNER'..$ optiun may purchasefund maintim at .rzsadtingtherefrom. and (jVVNE-R'sxxTetue, c)VVNTXs own liabibty insurance. its tartly. protectOW"N-LR seadrat cl rims which may arise It= 6.4.6. claims for damages beciiuco-of bodily injury or opcmtiona.under the 03ntr5ct Documents. death of Tiny perntin or property da-magc ulsing out of the ownership. maintenance or use of any motor Propenrt, Grsurmice: vehicle. fr—IJnicss=cithatwisz-juovtJzd-in-thz Suplilenicnurry The policies of insurance so required;by: t is paragraph 5.4' Sondetiuns—EilV�"FR—shall-purshnsz-and-mauanuh ' it) be purchased,and maintained shall: preperi inwr+inee e>pea- the -44o[k ufthe-sile-in t ieirn KRI cif-+h,-rill-repla&ment-cost-thereof-. (subjea-to-such 5.43. With respect to insurancerequired by ileducnbla-amoants as--m@y--bw—providacl—in—the. paragraphs 5.4.3. through 5.46 inclusive aril 54.9; Supplementary-Corrc4tiuns-or—required-br-Easws-end include as additional. insured, (subject to env Rrgulauuns): This-lrsrunix:a shnli= , customary e.�cltrsion. in rz-pect, of ' proleaitoml liabilitv). OWNER: ENGRNEhR. ENGIAnEEI!s, >:61-ne{uJa—the—ntertsls—ar—F7VlNElt: Consultant, and am, oth r,peitils or entities identified S4-k'�"f-{b-VCTor F>ribeararasteirs,—^-,t' iE�:Ticl in the Supplementary Conditions. all of whom shall be its -Brad Ray olhefa-pcvsoru-:ir listed its additional tnsureds, and include coverage for . antiuzs-identiheut in-the-Supplemerriarv-Conditions, ' the respective officers .and employees of till' such each gfwhum-is deemed•to havra-imurable ihLeiest additional tnlurae im44ralftb listedasundnsuredoi addiiional-msured 4.5. include the speeltic WYcrugeS and be Written 3'6 _--I)e-1YI"tllCR-Jn •tC-Butldel'S-ttlllr all 1L1iC�UC fur not less than the limits of liability provided in the epen1mFil EK speoia"ausesof-Ile s-lelev*-Cererkhat ' Supplementary, Conditions or required by, Laws or skxfll-rat-least-trr�ludo-instintaon-net-ph±-sical-loins F Regularions whichever is greater. Janwge-..ta-lk�-Warp-tarwgeeay-liutlditt c-ralsewer''R- and-NV F at-kesk i3 �J. ipcludz completed ol+emtions.itmrrance; ih�fallaw=in�prFiLc-ftr�-4ig.,h'^"o,II�-«taad� ' EJC'OC �E;';£ft.{L C'GNUIT[o15 t'l i U-S.f 1'J9p EtBtien 1. �. %I LI Y OF WORTCOLLINS S(O1)I1;IGtTt6NS!REVa/20a01 ' 1 I wv eAt�r.-t ha t1--v nridd I isat-and-• Its o 4i c ifius-m i�:ltiat: ' atAhfyPdl<�e{tttps�-drhFilp-rNP�vdl-flzmoEtcieP aCeFE ,..s[.-�,i-:Ed�s-�t{medkt spe:,if+salEy-F:.yiriFriFhy-kkte-Supplrmewtfuy-EoaddteAe; _%6:�-irreiudz-wcprreses-ini:urrefl-in-tht-reptiir-rn ' replaaamrnt•oEany-ingtrefFptepeft)�(ifl ludgt 'but,iet - kimetef4-----s-- and >fl-- _miefl .. i ' engin-, I.. -and drdute w)! :�-cevrF-nrekatitl�atttl<�fjui�tPenE-stefi�aFkhv-site eFet-diwttteF-k�:ntiorrthdt-was ngr�d-wain-writingliv . erecictad-diet-setet�matai+als-edfi-rcfuipmwt�hdvr�ren itxtri d-in�air-iEifi4iegtiaii eF-Faviirgntitiamn"i ded -BP tm l �6.-L-LrntniiNetnriE-ittrNec�untiE-kutul-pnymet>E-is med .. tfir�hy thitty-dny�-tsFttten-PONee-to- ;zdah-etkirFadditronn I' t 2d-to WhtnT-tF 22FE1{12@EL-HE-1RR}i8flra-Etd9-Ekifl 3-J.'f3W-2i-F.Pc-i.Eteli-tktFf{tm:.=�,v-[PntFtflt-[r=meT`i--E�i.miT NPft-flh36hlPCfY--lrt5t3'^-mno�-�.F :oaf.4icmlrt"-:�..Tj-rR,tK{FRc'd tlS ^ m aV-�'-raftkllrrd�V-t}li`-.SUppl l'tN rnkdFy-i:OPfE1t10R4-FlF Gv\T>'IInv-ICr'y'tttkfifs-wi}!'CEY\i'tEi-Iflf}!�fi�rltCY['��"^'C'T =iN4iE<4�_�,�-L'1T,-� J�t�c-`�^c-"a°�.SdFisiinkrdekaFS-{5?:�LE1�:Fsf2Ei: 6?:6:F?:F:cD���,�,'..^.. Ia�;,n..r. aP�aa�att�Ni•.presf3as-c�endt+�s ldrF[tktS<4'�-lft; Ftj«!{C{PCFltnfj-EHFldSt1RF14afl8Et-At-whBd1 -rs-dxtPs�tFtf+lmve an-vrnvdMrtRt2Fasennd-shetll-E'�ltstrrFiLv aR4mmS Fpd AFAiW1t4JF12�_�. ' 5.9 OWNER. HAIL not he responsihic'tor purchasingi and matntnmmg any propertV insurance tv 'Protect the mtarests of CO'NTRAC:TOR. Subcuntrictors or others in gld}tiw-z'Rank- f, RV-ditdtl4klhla-dfdedats-tiMtF dea idenEiGNrl-irrthe-SnpplNmrniflfy-.Glnditi�ns-:Fhrrisl:• aF lest-withrFFwsh-:ckntip.,dt)NcJiwiik�Ea�tnx->ut>r� wti{k-lw-F�oma (3y-`>C�`�" �tlt16EN}t£dGke)F9F-4)F}1Nt3-SUi�CGkF�-Rd4 ' -,lll, tl l(k6-Find-I f-dPV-e�thrm-wI SFINS-pFepNA j-1Pb11CFI nCtl'. C`Eavcrdue-wttFilmlhr-limnv-ot=such-amounts ench-mdy -puTchme unilown-dxpetL� !tt—lF� -ot rrZ4E•=FUR reyiaesLv ,n vRitir>=-ulak-ott>n ,p�luE-i�sitrdR':r�Se-snot ,1..._ `��•.��r`.istsefdelaN - pf>bSies ;�raFtd< Futik�....-' Ell stwH;-i€-txxstk�Ir-inNlfi<te-ti,xhtixd.,,rti<-s,;m-tlt�east" 3 ar t• o'-�, ^' - ate_" ptt<i--at}tanfldtrP lhi4-40 EJCUc_ UENFR,U;.C:ONDM .u'191p-3(l;lw Edda)) aIU WCIII'OG FOR'r COLLINS StdOIF(CA'CIpNS rREV'L:pW) I a)mnirnsriitrnt-<it-tfte•tlrort: at-tita•sitr.=41�4'IGR:3Ftnt1-ut l�d irwiianccfiti:rl��ApFaxure�E-k�G}4t{�.'Fi� ��:FM-1F'aives-efReghls: -.i4E-tights dettiiis5---6E1�["F[L- VrT.(DR._ Slltt('."flntraccor". EJE-E .�'.�".'�L.Rs-E<iesaFttmt find --the otticrrs-tlirratots-ampfo}<es -and'-ngrrtts-many-e€ them; for. -'-H -=k»gdtt�rcmm}zrtctpEiixti-less of use--elF ot}irF-etitLsequNntiAl-leis-rxtrrdirlg. beyrxlct--duaet tihysical-lass=er damega-t� L'al^.. DST _-� .E1Ff)pi?v'-Ol—i%ll �'f1fI�L'P arisisb oi1b�;€or-rasultirlg-Eiui_ti-Eira-bt-ritlxr,partE; whrther-ur-rtc/t-iiuuretl�6wC?6VMII'� dnd tN}=in...... a-pektty-mniPiein}�tl-1-C�44?tL-R-uevearw__ dray-IoSs-daniEtgcttFcensa�tjuentadNe"ssrafa. '�,-a-[• ' this =mpk-�-1-�wre-Nrewslen.9-ta�tE>N-ztTect-tE>Ett eaie.a�ertuial--Itr�-Eha-+nh-uF�, .•. 1�-�.;-�..��^... ^e-arts-aE I recovefy- ago ma- any-oE-CQN-'T-R F0f6-Su6xitmetors, �1C-'f\tTs�I2-E�E.RrQ�%r. 6Emsu}utnte;-nncl-Fkz-ekliszrs. dier�c;teti-zinph3yteseacl�antstsf{t�efihem-. _Receipt and.Applientibn'df Miltrance Praceerls: 5:11 Any. insured: loss under the policies of insurance required_ by panT lapis5.6 and'5.7 will be adjumed with OWN R and made payable to O\SnTER asifiduciary'•for the u uureds, as. their interests ar may appe. subj,x;t.'to, the requirements of any applicable mortgage clause and or• pardi;raph 5.13: O\VtiER shall dgxait in -'a separdie account any money so received!, and shall. distribute it in accurdsticc with such agreement as the parties in interest may reach if nu other special agreement is reached the damaged Work"shall be repaired or replaced, the moneys -so reozived applied on account thercofand'the Work and the cost th,:rorof covered by an appropriate Changc.Order or Written Amendment. 5.13: OR''jeM its fiduciary shall -have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing. within fifteen days after the oecurrence of loss .to OWNERS exercise of this pnwcr. Irsuch objection he madc; OWNER -as fiduciary sliall make settlement with .the insurers in aricordamce with, such agreement as the parties'in interest may reach: I f no such agreement among the parties in interest is reached, 0\10= as fiduciary shall adjust and settle- the loss with the Insurers mRrif-reQUlr2ri-t11 a ny-ftrtF"ll interas� 4WEN';F�-as-EiduEtnr-skt+l4-give-txand-feFthr txaper fxrfertaenee-af-suehdutias: Acceptance ofBaneh aura lnspra lice, Optinn.to. Replace:, if z tf> r lztx#y--�9F4?A C� x f(34FEt \ET9Rj O\,_ V� .'FR has any objection to the coverage atforded by fir other prow isions of the C;MicIror lnsur:ince required to be purchiasetl and - maintained by the 66�f*" CONTR.'\CTOR in accordance with Article 5 on the psis of nonicc orniance with the Contract Doctmtents, the in i the .Partial GriGrutioit-Propert}•7nsurraice: 5.15: If OWNER finds it necessary to occupy or use it I?ortion or portions of the Work- prior ni Suhstantial EJC'OCOE:4FRV. CONDIT[ODA t9io-3.(179U &6li(n). wr C1-IY OP 1'O@T C'OLLI NS.,fOOtIRCATIONS rRlz' 4RtH1(J) Coinpletion of all the Work. such use or occupancy tnav be .accomplished: in accordance with paragraph 14:ItT mvided that no such use or occupancy sha'il, commence tore .the insurers providing the propert), insurance have acknowledged noucq lheaof end in wri6 effectod any ch.'irhge in, covemi a necessitated diereln•. The insurers providing the property insurance shall: conicit by enthvsement oilthe policy or j iieie:5 but the property .insurance shall not be cancelled or pennitte6to,lapse on accuunt of env such pettial use or occupancy. itRTIGLF, 6-CON i;t,tcTo.R's .RESPOtN S]EBILITI LS' Supeni.donand Superintendence: -6.1. CONTRACTOR shall supervise:, :inspect and direct the. Work competently and efficiently. devoting such attention thereto arid' applying such 'skills and cxperuse as nmy< be. necessary to pertbrm .the Workin accordance with the Contract Documents. CONTRAC FOR_shall be solely reslnlnsihle for the means, ds. metho•techniques, .sequences ands procedures of oonstruction. but CONTRAC FOR shall not be responsible .For thenegligenceof othem in the design or specification Hof. 5 specific mearz. method, rechnique, sequence or procedure of etinstruction which is.shotvn or indicated in and ii\giressly _required by the Contract Documents. COr\'PRAcTOR shall tic responsible to. see that the completed Narkcomplies accumtnly with the. Comillict Documents. 61 CONTRACTOR shall keep on the Work at all times during its prngres-s a competent resident superintendent, who shallnot be replaced,without written notice to OWNER' and C1GLNIE zxeept under e-rrraordinnry circumstances;. The superintuidutt trill be CQNTPv\Q,TOR's representative at the site and shall Have authority to act on 'behalf. of CONIR,kCfOR All cosh iunirations to the superintendent shall he as bindim, lis if given tq'CO\7RACTQR. Labnr;.Alaterials and Equipment. 6.3. COAfrIZ--W-TOR shall provide competent. suitablyqualified persom,el to survey, lay out and conisuvct the Work as required by the Contract Documents: CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required ror the 'safety or protection of persons or the Work or property at the- siteoradjacent thereto.. and except itsotherwise indicated in the Contract Documents, all Wort: at the site shall be performed during.regultr Nvorkig hours and COO TFICNCTOR will nut. permit overtimework- or the periormanee of Wort: on Saturday, Sunday or any legal huliday without O'. NER's written consent given alter prior written notice to ENGFINMER- CONTRACTOR shall siibmit requests to. the ENG2IEER no less than 48 hours in ndiii L of anv Work to be Performed rm Stittudav, Sundav: Holidays or outside the RegularWorkinv Hours. 6.4. Unless otherwise specified in the Gmeml Requirement%, CONTRACTOR shall furnish and assume ' full responsibility for all materials. equipment, labor. transportation. comaruction equipment and machinery. tuols, appliances• fuel. power• light -,hat. telephone. water: sanitary t3cihncc tanpvary taclllue_s. and all other ' facilities and incidentals necessary Cur the Carnal ing; performance, testing.. start-up and completion of the Work. 6.41. purchasum Restrictions- CONI'RAuroR must comply with the Cav's "purchasing, restrictions- A copy of the resolutions are available for review in the officas or. .the purchasing and. Risk Nlanneement ' Division orthe Citv Clcrks Office. 6. ,2. Cement RCstrictioha:. -Cint of Fort- Collins Resolution 91-121 rcuuires thus suppliers.and oroduccrs of cement or 7rO(Ium cL% contarny_•ment to certify. that ' the cement was not made in cement kilns that bum haTardous waste as S 1•uel. 6,i, All mnteridls and equipment'.shall be of good quality and new except as otherwise provided in the ' (,'ontract Documents. All warranties and ; uarnntees .specifically called for by the Specifications shall expressly^ runtothebenefitofOWNF,R ICrequircdby"hTIGGXF,FR, CON•rRACCOR shall fumisti satisfactory evidence (including reports of required tests). erg to flu kindchid ' quality, of materials and equipment AU materials and. . equi menu shall he applied;, ir&Illed, connected, crecizd used cleaned and conditioned in accordance with instructions of the applik-thlc Supplier, ccccpt as otherwise provided in the Contract Documents, ' Pragresg Sch e(Wc 6.6, CONTRAO'rm %ball adhere to t& progress. schedule established in accordance with paragraph 19 as it. ' may be adjusted from timeto time as provided below: 6,6.1. CONTRACTOR shall militia to ENGh1EER for acceptance (to the extent indicawd in paragraph ., o) proposed adjusunents in, the progress ' schedule thltavi)l not change the Contract Times. (or file tones), Such•adjustnwntswill vonform generally to the peoggess schedule then in effect and additionally will comply with any provisions. of life. General Requixernents applitablelthereto- ' 6.6.^_. Proposed adjustments in the pro•`ress schedule that will change the Cofitnict Times. (or Alesttmcs) shall be submitted in accordance with the requirements of rramgraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment. in accordance with Article 12. 6.7. Subiritures nerd."Or-Equul"Items: 6.7.1. Whenever an item Of material or equipment t is ' specified or described in the Contract Documents by using the mime of a proprictarv-item or the nameof a particular Supplier. the specification Or dc=iption is intended to, establish the type, function and quality ' rcyuiired_ Unless. the specification or description E:f(:UC'(;t-`1EIL,V: CONUITIO\:it9tn-a lli'lU Eclitiml 12 n'/ Ull" OF F02T CDLLI �a,IIOUIIRCA'ftONS (11Ey •L? aVll) contains or is followed tn• w•ords'readinc that no like: equivalent or 'err-etlual'r item or no substitution is penniumd_• Other items of material or equipment. or material or equipment ut other •Supphcrs maY be accepted by ENG1N•EER under the Following cucumsmncO. 67 l ! Or Equdl". if ui ENGINEE s sole. discretion an item of material or cy-.itpmertt proposed by CON'LRAC 0R.' is functionally. equal to that named and sufficiently similar so that no change in related Work will be requircxl, iL may be considered by ENGINEER air an "or-equal"- item.,in which case review and approval of the propascd. item may: in FNGINEER's sole. discretion, be accomplished without comptianec with some or all of the requirements for acceptance of proposed substitute items: 6,7.1.2. Substitute'Iturra If in ENGNEER's wic discnetion an item of material or equipment proposed by CONTMACTOR does not qualify as an "of -equal" item under subparagrapfi,6.7,1:1, it will be considered'a proposed substitute item. ( ONrRAC rOk. shrill submit sufficient information its provided below to altmv FNGfNEFR to determine that the item of material' or equipment proposed is.ccsentiatlp equivalent to that nanted'and an acceptahlc'substimte therefor. The procedure for review by the ENG h\TER will include the following as. suppicmrented" in the General Requiremcnts..and as ENG INFER may decide is appropriate under the circumstances. Requests'tor review of proposed sulisdtuk items of material or equipment will not be accepted by FNiliINF.ER, _ from. anyone other than CONTRACTOR If CONTRM-701Z wuhn to furnish or use a substitute itemof material or equipment CONTRACTOR shall first make. written appltunion to ENG13*4MER for acceptance thereof• ceruty°ing.that the proposedsubstitute will perform ndequately the functions And achieve the. results caked [or by the general dcsi be similar in suletance to that specified and be suited to the. same use as thatspecified.Thu appheadon will state the extent if any: to which the evaluation and acceptance or-.the.proposed substitute will prejudice CONTRACTOR's .achievemcrit of Substantial Completion ontime, 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 provision% of any other direct contm(,with OWNER for work on the Project) to akbpt the design to the proposed substitute and whether or not incorporation or use or the substitute in connection with the, Work is subject to payment of any license fee or royalty. All variations of the proposcd substaule from that specified will bc, identified in the. applicationand available maintenance. repair and replacement service. will be mdicateal The application will also contain an itemized estimate of all costs or credit% that will result directly or indirectly from aceptancc of such sut>stituta including costs of redasigp and claims of'other contractors affected by the resulting change. all of whiff i will be considered by ENGWEER in evaluating, the proposed substitute. ENGINEER .may .require CONTRACTOR to furnish additional data about the prupc> substitute. 6.7.1.3. CGIMM 0TOR's Expense: • All data to be provided by CONTRACTOR in support of.iriy proposed "or -equal' or substitute item. will be at CONTRACTOR's expense. 6.7 . Subs6nde Conyinic•tion Xfethot& or Procedures: [fa specific .means, methcid, technique. sequence or procedure: of construction is slwwn or indicated in and eap'ressly required. by the Contract D,x:unjcnts, CONTRACTOR rim furnish or utilize a substitute .means, method. technique. sequence or procedure of construction acccpmblc to ENGINEER. COV['RAC:TOR shall submit sufficient information to allots E'NOWFU'R. in ENGINEFhs 361c discretion, to - determine that the substitute proposed is equivalent to that egiressly called for by the Contract Documents. 'fax: procedure tier review by ENMNEER will Ix: similar to that provided in subparagraph e;7.I?. 6.73. F.rigineer'.s F..vuluation: ENNGINFFR will be, allowed a rcistnmble time within which to evaluate each propos:d or submittal made, pursuant to part graphs 6.7,1? and 6.7:2. LNIGLNEER'will be the vale judge of acceptability. NO "or -equal" or substitute will be ordered, installed or utilized without ENGLx:F.ER's prior written :acceptance which tyill bn: evidenced by either Chango'Order or an approved Shop Drawing. OWNER, 6iav require CONTRACTOR to furnish at CONI'RACTOR's expense a special performance. guarantee or other surety with respect eo any "orcqual' fir substitute. ENGLNEER will record tune ,required by ENNGINEER. and L't CjWEER'g• Consultants in evahmtmg substitutes proposed or submitted by CONTRACTOR pursuant to parogaph9 6,7,1.2 tans! 6.7.^_ and in making- changes' -in the Contract Documents (or in the provisions of any other direct axitmct. with OWNER for work on die Project) oc'nsioned thereby, Whether or not ENGINEER iwcepts:a submitutekern xi proposed or submitted by CONTRACTOR CONTRACTOR shall rernibursc OWNER..for the: charges of ENGLNN EER ;and LN`GfI,FM's. Consultants for evaluating, each such proposed substimte item, 6_8. Cunceminq Stibcontmcrurs. Supplies and Other: 6.8_I. C04TRAC:IOR shill not employ any: 'Subcontructor; Supplier or othcr,personororeanrzution (including those accepuable- to OWNER and GNIGL\MER as indicated in paragraph 6.5;2), whether initially or as u substitute, against whom OWNER or DIG NEER may have reasonable objection. COIN TRACTOR shall not be required to employ aqv Subcontractor; Supplier or other person or organization to furnish or pcitomn any of the WAiu aunt whom ("ONTR\t_`TOR has rciiwnnhle chiectiori, Exoc QLNMF L CONDITIONS t910-8(1994) Edliml ul u ry Of• POKT CC1LLi h511ODIF[CdTlOug raLV:IGfHlal 6.9. CONTRACTOR shall 'perform not less than 20 percent of. the Work with Its own. forces (that is without subconuacting). The 20 percent requirement shall tx: undemood to refer to the Work the value of which totals not less than 20 Percent of the Conni:t Price 6:5.3: LE -thee Supplemeptary-Conditions ©iddine Document;. require the identity of certain Subcontr;tctors: Supplieis or other persons or organizations (including those who are to furnish the principal. iictns of materials or equipment) to be suhnnitied m.OWNER in-ndvdnce-Of-the-speeitied drat prior to the Effective Date of the Aweement for acceptance by OW, HR and 6NGliV -'R_ aad4f fAc`F[=[F,�fiFF7R-tws-�.z+hm itr<d-a--1tsE-d>vr �� C-in tweerth"we--% 41_4he= t}Wementxry-rondNians; OWNER:s or ENGINEER's acceptance (either in writing or by Cuilirig to make written objection thereto by the date indicated for Ioceptancc or objection in the bidding documents or the Contract Documents) Of. My�5lt4[FSLLbCQFlIrFiGIN� Sk1�3p[126-ENh`Ui2r-(i.'TStlF7-nr txgartij4absn its-idantiCied-..-. 11fr5L40�r2LS.X'ahl2-06)e8t10t} BF�2r '!-a '.'.':'.: era. s rat-whialt-Vitse bn.�., iu .GV0 n ShIdia.,�^" -an other person or orejnniza.tion shall'oorutitute i waiver of any right of OWNER or FNGINEER. to rejaK deficlive Work 6.9. t, CONTRACTOR shall be Cully responsible to 01VNER and ENGLNEER for al! acts and oniissibrts of die Sul>Lpntmcxorc Soppliers. and other persrgu :wd organiztions performmi ng or Cumishing any of the Work under a. dirict or indirecL contract widi CONTRACTOR just its CONTRACTOR is .rc.msible for CONTRACTOR's own acts and omassronx. Nothing in the rcaitract Documents shall create for the benefit of any .such Subcontractor: Supplier or other person or Organization asp contractual relationship between 0,WNER or ENGWEER and any such Subcontractor, Supplier or uiher person or on anization.. nor shall it create. any obligation on the p•,Irl of OWNER or ENGIINEER to pay or to see to the payment of any moneys due any such SubCantraetor, .Supplier or other person or organization except as may otherivise be required by Laws and Regulations. DINNER or EDIUINEER may Cornish team subcontractor. supplier or other person or oruanization evidence of amounts paid to CONTRACTOR in iccorclarxe with CONT RACfOR'S'Applications. for Payment. 13 r9-), 'CONMR ,CTOR sliall he solely respotuille for scheduling andcoordinating- the Work' of Subcontractors. Suppliers and other lxrsons and ' organ®Lionsperforming or lurmshing .any of .the; Work under a direct ,ar indirect contraci with CONTRA(,rOR- CON'l-RACR)R SbAll require all Subcontractors; Suppliers and =h other, persons and oreuiuzittons, pirforming or furmshiog'.any of the ' Woik to communicate with-thc ENGlNE6R through CONTRACTOR 6.10.. The dwasmons and section of the Specifications and the identifications of an? Umvcin - shall not control C0NTR4c.TbR in dividing the Work among Subcontractors or Suppliers ;or delineating the b\nr;C`to'be performed by any specific tndc, &11, AII. Work perfarmcd for (wriu\, TOR by t Subicontrauur or Supplier will be pursuant to an appropn.atc agre.cment'herwcen CONTRACTOR. and the Subcontractor or Supplier whirls spcufically'biitds •thc Subcontractor or Supplier to the npplicrible'terms and. c nditioras of. die Contract Documents for the benefit of ' OWNIFR arid 'b.UC4INEF.R 44kesev�Fmty c th egreeaNent• .,--...;.n^rz;..L�etttrxttea=-.x—sutiglieFwlgc3-if-Itstel-a4-ett 1 Patent Fees acid Rayalrim- 6.13. CONTRACTOR shall Cwy all ticenve' fees• and r6yalde5 and assume all costs incident to the use in the pe torm'me of the Work or the incorporation'in the Work. 1 of any invention' design process, product or dtwla c�•hicln is the su6jecror patent re}tts or copyngjtts held by others. tf a -particular Invention, design.. process. product or d,wke is specified in die ,Contract Documents for use in Elie performance of the Wart. and if to:the.Ictual krnowledge of ' OW; TR'ur ENCiCsi (EER its use ins subject to patent rights yr:copy ri•_:hts cnlhn,. Cur the payment of any license fee or royalty }o others, die existence of such rights shall be disclosed by OWNER in the Conhad' Documents. To the fullest .extent perniated by Laws and Re, ulations, CO\TRACTOR shall indemnify and hold Iramless OWNER NTGL\=-R, ENG12NEERs Consulttmis and the officers_dirdw.rs, employees, agents and other consultants of each andanyof them liom and against all claims,. costs. losses and dama>;es atism_ out of or resulting liom any ' infringement of patent nJnts or copyri6ts incident to the use in the peifcirmanct; of the Work or resulting from the incorporation in the Work of any mvendon, design, proses&, product. or dcvicL not specified in the Contract Documents: E:J(I)CUENUU1. CONDi�ni.NS1910-8ll?a Etkimi, 14 , ' ac/ CIIT OF FOIUF COLLINS AIODIPICXFIONS (REV •L: nice)) Pentilrs.` bc13. Unless_ otherwise provrdcd in the Supplementary ContLtions:CONTRACTORshall'obtain.and pay forah consfiuction permits and licenses. OWNER shall assisl MNiRAC_I()R; when necessarys '; ni obminjne such permits and licenses CONTRACTOR shalt pay, all governmental charges and inspectiori fees necessary for she prosecultori oC the Work, which are. applae,able-at the 'time of upera3 of Blds,. or, if there urc no Bids,: on'Ihe' `ET&tiveDate ofther�eemenL CONT_RACTORshall pay. all charges of_utility owners for cwmections to the Work, and OW, IER slisll pny nil, chmges-of,suchutility others f6r capital costs related thereto such us plant investment tees. A14F, LawxuadRetjulaliuns. 61l (,'CONTRACTOR shall give all nctices.and comply -with ' all l aws nnd•Raulations applicable io furnishing and performance of the Work. Except where otherwise expressly required by aplrlicahle Laws and Regulations; neither OWNER nor F. OINLER' shall be .responsible for ntonitorinn CON I RACI'ORs compliance with any (a%" -`or Regulalianc, 6,14.1 If CONTRACTOR pertbrms any Wark knowing or having reason to know that it is wfitrary to Lawsor Regulations, CONTH.-1C.'TOR: shall bear nil claims•, casts. losses and damages caused by- arising o_ ut of or i'esultine therefrom;'havrevcr, it shnl! riot be CON ETZACTOR's primary responsibility to make certain that die Spccilicatiotsand Drawings are in accordmu:e vgith laws and Regulations, but this s`uilr not reliave• CONTRACTOR of CON'f Ri.uro 's obligations under paragraph 3.3.2. Tares 6.15: CONTIRb%CTOR shill,ray all sales, cosuner, use and other similar taxes revluired to be paid by CONTRACTOR in accordance widi the Laws and Regul•ationii of the place of the Project which are �ppliclbla during the pert intance of the Wort_ a 15, 1. 6N NER is exeniot firm Colorado State arai :local sales and use ttixes. on maiefiAs- to be perntansmLiy ncorpordtk into the projecttSaid Ivies . shall not he includedinthe CContmet'Prieez Address Colodado Department of Revenue :State Capital Annex 1'375:Shurman Street Denver: Colorado- S0261 Sales .and Use Takes fLr the Stale of Colorado. Reeional"Transoortation District (RTD) and certain Colorado, couraw% are collectedby the State of Colorado and are included in the Certification of Exemption. All applirahlr Sales and Use 'faxes iincludini• Stsite. collected taresl:.on anv.items other diarf construction and buildim, materials vhysicully incorporated into the project are to he. paid by CONCR.A 'row and are to be included h appropriate bid items. Use ojF'rinrises: 6;16. CONNTRACCOR shall confine cohstruction. equipment, the stomse-of materials and equipment and the op�crr-aalions. of worlcrs to the site and land and areas idrrttifiRl in and permitted�bythe Contract. Documents and other land and:areas permitted by 1.aws and Regulations, rights-oC-way, pt:rmits and cents, and ,shall not unreasonably encumber the premises with constriction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the. owner dr occupant thereof or of any adjacent land or areas, resulting from the performance 6f theVork.:Should any claim be made by :any such otmer or occupant because -or the performance. of the Work, CONTRACTOR shall promptly settle with such athce patty by negotiation or otncmviSC resolve the ctalm by.arbitrtidon or other dispute resolution lx«ceding or at law. COGCfR\CTOR shall, to the fullest extent permitted by. Laws and Regulations, indemnify, -and mold' harmless QWNIIti MNTGIINTMRLC' OMEER'.s (:UMVItam and anyone directly or indirectly employed-hy any of them born and against all claitus, costs, locus and damages arising out of or resulting from any claim or action: legal or equitable brought by any such owner or occupant against OWNER,'ZM&NdR or anvotherp". inekmniiied-hereunder to the extent. caused 6y or based upon CONTR\CTOWs performance of the,Work 6,17, During the progress of the Work, CONTRACTOR kill keep the premuccs free Gom accumulations of waste .materials, .rubbish and other debris resulting- from. the Work. At the completion of the Work'COi,ITR\CTOR shall remove all waste materials, rubbish and debris from and about the pre niies as well as all tools, appliances, construction equipmatt and machinery and staplus materials. CONTRAC.TOR.shall leave the site clean and rnCdy Cnr occupancy by O6WINIER. at, Substantial 'Completion of ,the Work CONTR\CTORshall restore to original condition all property -not desigrntfed for alteration by the Contract Documents. 6A. CONTMACTOR shall not, load nor permit any part of any" structure to bc: loaded in any' manner that will ends wr the stnrtaurc: nor.skillCON'TfLACTOR subject any part of the Work or udjac:nt property to :stresses or pressures that will endarmer it. Record Oorumenrc E1CUG riE:\FRAL CONll1T[Oh71 UIq-3 (1994i Wtien) x! OTC Of PORT COLLI NS MOUItICA RONS'(I(UV J2000) 6a9, CONTRACTOR shall maintain in stye place at the -site one record copy of all Drawings, Specifications, Addenda, Written .amendments. Change Orders Work Cha'nee Ducctives, Field Orders and written interpretations and clarifications (issued pursuant to } cagraph 7.a) in, goal order and arancitated to.show all changes. made during constNCtiUn Thee record documents together With all approved Samples and -.a counterpart of all' approved Shop Drawings will be available to ErINGLNEER for r6:rence. Upon wmpktion of the Work, and prior to release or final na%-ment, these recoil documents Samples.and Shop 'Drawi Drawings, wille delivered to ENGIiJEER lbr OWNER. Safgty and Hareerionr 6.20. CONTRACTOR shall be respertsibla Cur initiating, maintaining and supervising all, sal'rity precautions.und programs in connection with the-Wark. ('C)N"fRAt�I'OR-shall pike all newwvari• prs utions for the safety of. and skill provide the necessiuy protection to -prey entdamage, injury fir loss to 6.20, 1.. all Perstims on die Work site or ivho may be affected by the Work, 620.2. all the Work and,materials andequipment to be. incorporated thLrein, whether in storage on or off the site; and 6.203, other properry at the site,or adjacent _thereto, .including trees, shrubs, lawns, lyalks, pavements, roadways. strurnrre& utilities and .Utulorwourid Facilities not designated for rcmoval, relocation, tir tcplaccm nt in the cwrseof construction. CC)\CRAcrOR skill enmply a•itfi all applicable Laws and.Regulations of any public body havutgiu:Mctioti for safely of porsons, or property or to prittecl them- from dammge, injury or loss; and skill erect and maintain all hzct; lty safeguards for %uch .safety and protection. CON ACTOR shall notify owners of adjacent property and of. Underground' Facilities and utility owners when prosecution of, the Work niay aflect them, and almll cooperate with them fit the.protoction, removal, relocation and .replacement of their property. All damage; injury or loss to any property' referred !O in paragraphs '6.20.2,or 6,20,3caused, directly or indirectly. in whole or in prrC.bv COS tTR-iCCOR, any Subcontractor• Supplier ur any other person or organisation directly or 'indirectly employed by any of them to per[oma or furnish any %of the Work or anyone for whose acts any offbeat may be liable. shall be remedied by CONTRACTOR (except damage or Ipss attributable to the fault of Drawings or Specifications or to the.acts or omissions of OWNrER or CNGMEE12 or L iC(NEEM Consultant or anyone mpkryed by tiny of. !harry or anyone for whose acts any of them maJ bd liable, and not attributable,, directly or. indirectly; in whole or in part, tothe fault or nculigence of CONIT%ACCOR or any subcontractor, Supplier or other parson or organnAtion directly or indirectly employed by any of them). CONTRAMM's du_ties and responsibilities for the safety trod protection of the Work skill continue until such time. as all the Work is completed and F•TIGUNEER has issued a IJ I in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: One Thousand Dollars ($1,000.00) for each calendar day or fraction thereof that expires after the Thirty Five (35) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: ' After Substantial Completion, Five Hundred Dollars ($500.00) for each calendar day or fraction thereof that expires after the 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: Four Hundred Seventy -Three Thousand Two Hundred Seventy Dollars ($473,270.00), 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 t of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work ' measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. ' 5.1.1. Prior to Substantial Completion, progress payments will be in the amount equal to the percentage indicated below, but, in each case, less the ' aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of the value of Work completed until, the Work has been 50o completed as determined by ENGINEER, when the retainage equals 50 of the Contract Price, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain ' satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 90o of ' Section 00520 Page 2 I 1 1 I I 1 t notice to O% NT-R ,ihd CON'TRi\(..'TOR in accordance with paragraph 14.13 that the Nock is acceptable (except as otherwise- expressly- provided in cotmtctiun with SubstantialCompletion). 6,21, ffiery Representaeor: CoNTtL\CCOR shall desi_r.ite a cpialified and expmenced safety rcpresenlative at the site whosc duties and responsibilities shult be the prevention of acciderits and the maintaining and supervising of safety.prccaMions and proyxms Hazard Cwnnrunicatiod Prorvainr CONTRACTOR shall he responsible for coordinating any exchange of material safety data shrxts•or other hazard communicationinformation required to bc. .made available to or excliamed between or among employers at the site in acci dance with I-iws or .Regulations. E3rrergen6es: 6.23. In emergencies affecting the safety or protection of persons; or the Siiork or property at the site or 'adjacent thereto. C:OVfPocrotu without special instruction or authorization. From OWNFRorFNGiNF.F,R, is obligated to act to prevent 'threatened damage. injury or loss. COI,FMACTOR shall.give liNGiNFF.R prompt written notice ,if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been, caused thereby. If ENGINEER determines that a change -in the Contract Documents is, required because of the action taken by C6NT Re\GTOR• in rapon e to.such an emergency, a Worl: Change Directive or Change Order will be 'issued to. document. the consequences of such action •6.21L ShopDratvingsanrlSanrplev: 6.24.1. CONTRACTOR' shall submit Shop, Drawings to ENGLNEIR for review and approval in accordance with theacceptedschedule of Shop Drawings and Sample submittals (see paragraph 19), All submittals will.be identified as ENGLNIELR may require and in the number of copies specified m the General Requirements: The data shown on the ShopDmwings will be complete with respect to quantities; dimensions, specified performance -and design criteria, materialsand similar data to siioiy LNG11NEi R the materials and equipment CONT'R.AC•TOR proposes to provide and to enable..M,GINEER to review the information for the limited Purposes required by paragraph o ^_6. 6.24.2. CONTRACTOR shall also submit. Samples to L"NiGLNrFER for review and approval in accordance with said accepted schedule of Shop Dralvings end &6ripta. submittals.. Each Sample well be identified clearly as to material. Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINFER may require to .cntble PNGINFLR to review the sobminal for die limited FJCUC GE}1UCAL CONDI"r ONS 19 PM (1991) Editiol'i %V/ C1IYOF FORT COCLINSMODIFICAHONS qt y,In(loci) ixirposes required by paragraph 6.26. The numbers of each'Sample to be submitted will be as specified in the. Specification:. 6.25. Submittal Procedures: 6.25.1. Before submitting -each, Shop Drawing or .Sample, CON'TRAGTOR'shall have detenruted and verified: 6.25:L1. ttll field' n_easuremcn4S quantities; dimension, .specified performance criteria; insthllation requirements, materials, catalog numbers and'suriilar information with respect thereto, 6.25.1.2. uIt materials with respect to intended use, thbricatiore shipping; handling, storage. .assembly^ and installation pertaining to the performance of the Work.amd 6.25_1.3. all infcxtnntion relative to CONI1tAcrows sore responsibilities in respect of means,.methods, techniques, seauences.snd procedures of construction and safety precautions .and programs incident thereto: CONTRACTOR shall also have reviewed aryl coordinated each Shop Drawing or Satiple with other. Shop Dra%vings and Samples and with the requirements of the Work and the Contract Docurretim 6.252, Each'submittat will bear a.stamp or spccitic written. indication that CON`[ RACTOR has satisfied CON.[ R,ACTOR's .obligations under the, Contract 'Documents with reslicct to CONTRACTOR'S revicav and approval of that:submittal. 6.253. At the time of each sailimission, CONTRACTOR shall give E CjLNT;ER specific written notice of such varlatiom-if any, that the Shop Drawing or Sample submitted may lave from the requirements of the.Contract Documents,'such notice, to be in.a written communication separate from the submittal;, myl, in addition, shall cause' a .b*cilic notation to be made on each Shop Drtnving and Sample submitted to ENGINEER for review and approval of each such variation 6.26, CNI(jI CER will review and approve Shop Drawings and'Sumples in accordance with the schedule of Shop Drawings and Simple submittals accepted by GNIGNEFR' as requiitd by paragraph 2 ). EN IGWEER's review and approval will be only to,determine if the items covered by the submittals will, after installation. or incorporation in the Work- conformto the intormaliun given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents ENOWEERsi review and approval will not cxlend to means, methods, techniques, sequences or proGWurcs of construction (except ivherc a particular means, niethod, technique, sequence or proceduia of U construction is specifically and expressly called for by the Contract Documents).or to safety precautiotm or proLMmts incident thereto. The review and approval of a.sepamtc item as such will not indicate approval of the assembly in which, the item functions. C•ONTR.\CTOR shall make corrections required by FNGINEN, and rhall return the required number of ourrccted copies of Shop Drawings and submit as required new Samples for revieve and approval. CONTRACTOR shall direct speciticattention in writing to revisions other than the corrections called for by NGINEERon preyioussitbmittals. 6.27. ENGIINEFR's review and approval of Shop Drawings or Samples "shall not rcLieve CONTRACTOR from responsibility for any variation fronr the requirements of the Contract Documents unless CONTRACTOR has in writing dialled-FNGINEER's attention to each such variation at the time of'submission as required by pum7aph 6.25.3 and FN'GLNEER has given tvtilten approval of each such variation by a sp:cifie wrihcn notation thereof incorporated in or accompanying the Shop Drawing or Sample approvak nor will any appravaf by ENGtNEF.R relieve CO\TRACTOR. from responsibility for complying with the requirements of paragmpk 6.25, I . 6;23; Where -a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop !hawing and, Sample submissions accepted by F.NGINEE.R as required by pamgraph2.9, any related Work performed prior to FNGINFER's revicty and approval of the px:rtinent suhmitml will be at the sole axpense and reslvnsibiliry• of (:ON-rRACTOR. candauingrlre lVaiFr; 6.29, CONTRACTOR shall c r v on the Work and ❑dherc to the progress schalulc dluring all disputes or disagreements with OWNER,. No Work shall be delayed or Mfpuned prndutg resolution of any. disputes or Zreemcnts. c-xcept as permitted by paragraph 15,5 or as OWNBR'.erd CONrTRACTOR may otherwise agree 'm writing. 6.30,. CONVTRdCTOR's. Genera( Marranty and Guarantee: 630.1. CONTR ACTOR warrants and guarantees. to OWNER LNGLNTEER and ENGLt.TEER's Consultants that all Work_ will be in accordance with the Contract Documents indwill riot be dtfdrrh•e, CONTR4C MIZ''.s ivarramy and guarantee hereunder excludes delects or damage caused by: 6.36.1.I, abuse. modification or, improper maintenance or operation -by persons other than. CONTrLACTOR Subcontractors or Suppliers; or 6.30.1. normal wew and tear under normal usage. 6.30.1. CONR\CTOR's obligation to perform and complete the Work in accordance with the Contract' Documents shall b: absolute. None of the following will constitute an�accepmnce of Work that it not in EXDC UE'.1'FRV. C'OvDIIIOm 19103 (I"! 64tim) elCI 1Y OP FORT COLLINS \IODIFIG\ MOMS(,REV. 1 LRlal accordance with the Contract Docdtneits orn release of CON! TRACTOR's obligation to pc fprm thd4Wtk in Recordance with the Contract Documents:. 6.30.2.1'. .observations.by ENGLVEER: 6.30 2.2. recommendation of any progressor final payutentby LN'GINEER 6:30;1-1. the issuance of a certificate, of Substantial. Completion or am• ptiyment. by QWNER to CONTRACTOR under the Contract Documents', .6 30-14. use or cbcupamy of the Work or any part thereof hL OWNER; 6,30.2.5. any acceptance by OWNER or any failure to do so: 630.2.6. any review and approval of a Shop Drawing or Sample submittal or, the issuance ofa notice of.acceprahil4y by ENGINFFR. pursuant to par?g aph I 6.311.2-7, any inspection, test or approval by others; or 6.Y12:8. anv correction of tkjtwise Work by O\Wi FR.. Indemnification: 'ro the fullest -extent permitted by Laws. and Regulations, CONT`R;VITOR altall indemnify' and hold hamtless QW`M E_vciNE ER ING13MGR's Consultants and theiifficcrs, directors; empiloyces,agents and other consultants of each:and any of them front and ugu ml*all claims. costs; losses and damags (including, Nit riot limited toy all Ices tied clntrgas of engross s, architects, attorneys and other pxofeisiotials and all court or arbitration or other dispute resolution costs) caused by: arising out of or resulting from the performance of the, Work, provided that any such claim; cost, loss or damage; (i) ir. attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), .including the loss of use resulting therefrom. and (u) is caused in whole or in part by any negligent act or onimion of CONTRACTOR, arty Subcontractor, any Supplier, any persoi or organization direct.iv or indirectly employed by any of them to perform or furnish any or the Work or anyone for whose acts any of (hem may be hable; regardless of whether or not caused in part by any nggligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified putt' by Laws and Regulutions rc villess of the negligence of su any ch pe=n du entilv', 6.31 In .any and all claims ugainst OWNER or NGINEER or any of their respective consonants, agents, oltoers, directors or employes by tiny employee (or the survivor or.peronal representative of such employee) of CONTRACTOR. wry Subcontractor, any Supplier, uny peen, or organimriin directly or indirectly employed by 17 I U U I I I I I I I I I I 1 i i 1 I t I i 1 I 1 1 t I I LJ any of them to l-erfoml or Fivitish any of the Work or anv'one for whose actsany of them, may be liable. the indemnification oblig dun under parat,3aphUt shall not IV limited in any way by Any limitation on the amount or type of damages, compcnwtion or 6rnefits payable by or for CONTRACTOR fir any such Suba:orioracnr, Supplier or other person or organization under workene compensation acts; disability benefit acts or other emplm•tti benefit acts. 6.31 The indemnification obligations of CO�rrRACTOR under papug aph 631 shall not extend to the liability OF ENGENEEP and ENGL^IEER's,Cv suits is officers, directors, employers or agents _mused'. by the professional negli¢encc, errors or omissions ofanv of them.. Sarvir'al ofOb(igmimas.' 6J4,. All rLprcunta6om, indemnifications, warrantie3- :uhd ,_,uarantecs made in required by or given inaccordance, with —the, Contract Documents, as well as all egntinuine obligations indicated in the Contract Ddeunienus will surviv8 final payment, mmplition and 'acceptance of the Work and tenmrc+tion or completion of the Agreement, ARTICLE 7—OTRER'WORk Relater Wark at Site: 7:1• OWNER may perform other work related to the Pro 'c at the site by OLVNER's also forces • or Ica other direct eronrraets thcreCor which shall aontain .Gpncral Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed ix -as not noted in the Contract Doctanerim then: (i) writun.notice dtercof will be. given to CONTRACTOR prior to starting any such other Work aril (b).CONTRACTOR may make a clown therefor as provided in Ariiclis t I and 12 if CONTRACTOR believes Out such performance will involve additional expense to. CO\TR\CTOR,or requires additional time and the parties are. unable to agree as to'the am aunt or, exent thereof 7.2. CONTRACTOR shall atlad each other contractor who is a. party to such a direct contract and eactt utility owner (and OWNU- if "OWNER is perturmmg the additional work with O\UNL•R's employees) proper and safe ,wceu to the site and n rcasona6le opportunity for the introduction and storage of material and equipment and the execution of such other work and shall properly connt:ct and' cmnlimte the Work with theirs, Unlens otherwise provided in the- Contract Documents. CONTRACTOR .shall do all cutting, fitting and parchiN of the Nark that may be required to make. its several parts come together properly and integrate with Stich other ivurk. CO\TRACTOR shall nut endaNcr.any woik of others by cutting, exwvatltL_' or otherwise altcrimi their ivurk and will -only cut or alter their work with the written ccrosent of ENCY NEER and the others whose work will be affected: The duties and resrons6lities of CONTRACTOR under this paragraph are tur the benefit of such utility owners and odder contractors to the extent that .there are comparable EJCUC C1L\ ItAL CONDI TIONS 1910-8(199a E64m! IS ae/ C1IYOF FORT COLLINS MODIFICATIONS IREY&201301 provisions: for die benefit of CONTRACTOR' ut said direct contracts between O%V[vTR and such utility.onners abed tither contractors. 7.31 If the proper execution or results of any part of CONTR-LC:FOR's'Wark depends upon. work' performed by others under this Article 7, CONTRACTOR shall inspect suchother work and promptly report to ENGLxTER'in writing= any delays, defects ordeficiencies in such other wdrk that render it unavuilable or unsuitable For the poper execution and results of CON-TRLCTOR's 'Wurlc:. CONTRrL<=TOIis failuro sv to report will corrairtiw an ncoepLince- of such other work. asbet and proper for imt grauon with CONI MACTOR's Work except for Intent or nonapparentdefect-, and deficiencies in.such other work, ..C'nnrifination: '7.4: If OWNFR. contracts with others for' the ,performance of other work.un the Protect at the site. the 'following twill ben net forth in Supplementary Conditions: 7-4. 1'. the person, firm or corporation who will have authority and rq.Tomibiliry for coordination of,thc actMtics.among the various prime contractors will: he identified: 7.4.2. the specific matters to be !covered by such autluority'anti responsibility will be itentized:,and 7.43 the extent of such' authority and resporisibilitics will Rxprovidcd. Unless otherwise prgJidcd in the Supplententlry Conditioris,, CAVNF.R shall have sole authority^ and responsibility ih respect of such coordination. ARTICLE DOWNER'S USPONSLEILLITrES B.I. Except as otherwise provided in these General Conditions, OWNTER shall issue :all c6ni nuriicntions- to CONTRACTOR h ouO GNGIT TM. 3'. In rase of termination of the employment of GNGIINEER, OWi`IER shall appoint an engineer against whvnrCO?ITkLFTCE�-makes no- reasorablrlabjectioni whose stares under the Contact Dowmenm shall.be liar of the former LIN'GINTiER 8.3: OWNTR shall fumish the data required of OWNER under the Contract Documents promptly and shall male payments to CONTRACTOR promptly when they are flue as provided in paragraphs 14.4 and 14.13. 8.4. OW?1ER's duties in respect of providing lands :and eusc ut s ❑rn1 providing vrgalecrn_ surveys to establish reference points are setforth in paragraphs4.1 and 4.4. Paragraph 2 refers. to OWNER'.s identifying and making available to CON'rR.wvoR copies of reports of C.Tloralion's and tests of subsurfaec conditions at the site and drawings of physical conditions in existing struitures at or contiguous to the site that have Ixen utilized by ENGI; UR in preparing the.Cotumct Dcxttments. Fesr s Ft a77esF FF{as F1nFi-maifliaiAifl�-liability- Bad -pFE•i fi:FF}-tflSlKtliiE@-s'tfL�:e4 furtl�irt•perngrephs-SS•througft-=. Ff t; 9:6. OWNl7t is obligated to execute Change Orders as indicated in paragraph 10.4. 5,7. 04V\TR's responsibility in respect .of certain inspa(ions. tests and approvals is. set forth in Paragraph 13.4. 53X .In connection with OWNFR's; right to stop \4'ork or suspend1Voilr, see• Inngraphsl_7;11) and 15,1: Ptuagraph 15.2 deals- with OWNER's right to terminate u'rvices or cma RA(; rOR under certdin.cimurnstancus. 8.9. The OWNER shall not supervise, direct or have cantrul or authority over: norr be responsible- .for- CON'TRAC'I'OR's means methods; technique-, sequences or procedures of construction or thc.s{fcty precautions and programs incident thereto, or for any failure of CODFfRA(TOR to comply with Laws an'd Rcmilations- applicable to .the furnishing orpertomnnncrof the Work�- OWNF,R will not be responsible for CONTRAC.IOW5 failure to perform or furnish the Work at aca)rthmce with the Contract Documents. 940. 1 ?361Z's-r?sparttibitii}-ir>-respect-Bf-undi;,clesed �;t?ert .����Frtxrkant-FFa^a.g;"�"'nste—'aF RaiiiOaliiYa-�-faEeEift1S-nnedv2E2d`fFf2Vcftied-af-EIIK-31F2-t9 sot-taalrin-fvtEngaph�+-. 841—(\=arty < R.t _ •,Rr« r v �fxra r2ed tcrE- i sli Fzasermbla—avitkr+ea—tkB• `^^r arrangements -have -beets -made -to -sat isf)LO Wti ER-s. Eh�iam; HridifQ,r .,rivet-Btte:n..e:,t-_c-C"• ri,. rasp@nsibiIity-in•respect-therref-wi11-6a•ns set -forth -in -the Suppienlentsiy-Cortd itkms. ARTICLE. 9-FVGL\"EER'S STATUS DURING. CON" SpRtiCTI0, i, - 0MVE2'r Represimlativi: 9:1. ENU VEER will be CMNTER's representative during die- cc istruction period. The duties, and responsibilities. and the limitations of .authority of Dili DTEER. as OWNER's representative during Construction are s'et forth in the Contract Documents and shall not be extcnrkd without written consent of OWNER and-ENOINTCER. Dusty to Site: 9.2: ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as OGDiEER deems nccessmy at order to observe as an eSparie6ced and qualified design professional the progress. t1CU(:o' 'LR.' IL couulnO%N lulus (l'191,1 c�ctit,u. al Q'rY UP fUKT CULLI NS \tOU11lGtTIONg t afiV .1.^. fNIUI that has been made and the quality of the various aspects of COINTRACTOR's e:Nectnted Work. [lased on information obtained -luring such visits and observations. LNG rNEER will endeavor for the benefit of O%VN'E8 to determine, in general. if the Work- is proceeding in accordance with the Contract Documents ENGINFER hill not -be required to make exlnustive or continuous un- siteinspections to check die quality or qumiuty of the Work, ENtGUNEM's efforts \till be directed toward providing for OWNER a greater degree of cordidcrmccthi t the completed Work will conform generally tp the Coniraec Documents. On the basis of such visits nrxl on - site observations. .ENGINEER, will keep OWNER. informed of the progress of the Work aril twill endeavor to guard'O\VNER against cizjzcrive Work, EN(iINEER's visits and on -site obscrpatiom are subject to all the limitations on ENGLNEER's'authitrity and responsibility scL forth in Paragraph 9,13 and particularly but without limitation "rig or as a result of E:NGINEER's on -site visim or observations of CONTRAcraws Work hgGINEER will not supervise• direct control or have .authon-t} over or be �responnible for CONI'IL\C'I'UR's means, methods,. teelaiiques, acquertccs it procedures of consructiott, or, the safety precautions -and' progaius incident thereto, or for any failure of CONTRAM'OR to com t}} with laws .and Regulations applicable to the furmshmg or pertomnancc of the Work. Project RepreventatiFe: 9A If OWNER and ENGINFER ngrtti, ENGINEER will furnish a Resident Project Rcpreuntativb• to assist ENGDiEFR in providing more continuous observation of the \Vnrk. The responsibilities and .authority' and limitations thereon of any such Resident .Project Representative and nssltants will be as. provided in paragmpits-9.3 and 9,t11a11tenleq Conditions of these General Conditions. if OWNER designates another reppresentati3e or agent to represent OWNER at the site'wlw is not WGD?EER's Consultant, agent or emphiyet% the responsibilities and authority and limitations thereon of such- other person will be as provided in tIta-5nppItnterttat}-Ecttu}itiero pamgrntph9j of these Cmneml Corniitiona If the FNGI`NEER furnishes a Resident Project' Representative CU or Flier ascistanrs•`r if the OIV.\IER duiimates a Representative or agent. all as•orovided in Irnmitrxph 9._i of the General Conditions, these Representatives shall have the aulhoO-V and limitations as I rL v ded in paragraoFi 9.13 of the General Conditions and shall be subii ct to the following: 93;1 The Representative's declines in matters ryxtaining to thetvnsite work will. in general, be with the ENGMER and CONTRACTOR. But. the Representative will keew the Ol4'\MR pro riv advised about such matters. The .Representative's dealiiu with -s btiinuactors will only be throueh or with the full know( gse and approval of the CONTRACTOR. 93 ' Duties and Responsibilities. Reprewntative will: 93.21.Schedulen Review die nroLress 19 [1 I 1 t schedule and other schedules prepared by dic CONTRACTOR .and ' consult' tyi h he ENGL\,'EER concernini_ acceptability. 9.3.3.2. ConrUenl'CS and. h-fee(ing - :AuLnd. meetirte with the- CONTRACTOR such- as pr=mLruction conferencrs,_pro ess_medir tmii, other hob corilerences and piepare ,md birculatz copies of minirtes of meztints. 93'23_ Liaison t).3.-23-1_ Same as- ENGINIEER'S' unison wih CONTRACTOR, workirtr; principally Lhrouan to :xmist,the CON.TRACCOR in undcrstnndiiw_ thn.CorilraetDccumeMs. ' 9.3.13.2. Assist inobt6udnc from OWNER additional dctails or information when rmuiied. for prowrcteeution of the Work. 9-3.23.3- Advisr -thc ENTGINEER and CON'rR-ACFOR of the commencemenr of .mv . LVurk- reguinne a Ship Drawmg- oor -stuitplc submission if the submission has not IxemaEproved by thcF.1GITvrEFR_ 9�,i.2:1 - zvizw�_1York. Rejzction oo Defzcti" bl'ark._tnspections and Tessa - 9.3.2.4.1. Conduct on -site observations of the Work ut rroaress to assist the ENGLNEER in dctcnniningxhat the Wort: is rocudinr; in accordance with the. Contract. Documents. 9.3.2.4_ inspec[on re resenting public or other a enct s Itivm luriclictiori over the Project, rccord tia tLudLss of these trisoections and report to the ENiGiNELiR. 99,3`?_:. Inter�rclatiim of`Conimct Documents- -Report. tc ENGDT-ER� when clarificiitions, and interpietatiorts of the Contract Documents are needed and_tmrnmit, to CONrCR\CCOR elariliration and intemretauon of'_the..Contract. Documents- w e ismed by th ENGI EP- 9.3.1.6. -mckE kativm. Consider and evaloatr {>ONIPRACGOR'S - stwszestions for 3l1 E1CDCIGENER.V;CONDI'r119111t(1090E(Wm) iV CITYOF FORT COLLI NS MODIFfCA'FIONS eitLV .L.001))' m&iification in Drasvines or Specifications and report. these rmommenchlions to, ENiGH EGR. Accurntcly. oaramtit- to-CONTR_\C:TOR decisions issued by the LNGNEER. 9.3.2:7 Records: 9.3:.8.1,Fuaiv LNGUEER' ftirtutlic reports. ats roc ui irrrl: uF Lha oyogiess uC the Work and of the CONTRACTOR'S cprp2li4n,x % ghthe prgy+rtsg schzduLanq schedule ,of shop Qm%vint _and .sample submitsals. 9.3 _, S:a__ Cixisult with__LTIGID7ECIi iti advance of scheduline major tests, insrxctions.OrStartof imrortmt ppl-kgws of the Work- 933 3. 3: Drali proposed Clumpe Orders and Work. Dir rti�e Change,__bNaTine backup material from the CONTRACt'OR and - reucmmenit tb ENfI;fNE[R Change Orders: Work Dircrtive -Chomcs ,aid. Held orders: 93234, .Rgxii immediiitely to ENG MER and O\VN ER' the mcu mce of aiavaccident—'--'----- 9.3.' 9. Payment Rzµuests- Review applkna ms for (_asntznl with CON'fRAC'rOR for.complinnoc wits -die establistieil ' nra:edure- for their submission and f6mvard kith recommendation to ENGINEER. notine partieularh• the mlationshi ,00f the )may en[ Nqusted to the schedule of valug. work completed and materials and euuioment delivered at 'the site but not incorporated in the Avork. - 0.3.1,10:'Cam kip icn 933.1L. Before • QN! RNTER i:sues_a Certificate of Substantial Cumolction. submit to CUNTRACTOR a list of observed items -requirim correction or completion 9.3.2.10.2. Conduct final inspection in the oomnariv of the FNGINfh;F.R_ OWNER and CONfRACfOR.ard prepare a•hnai list of items to be corrected or completed. 9.3.2a0.3. Observe that all' itemsore the final list Ir.•ive-been corrected or completed and make recommmclations to E\GMI ER' concemin£ acceptance. 9-33_ Limitation of Authority: The: Reprsenthtiveshall not- 9.3.11 Audaeriw anv deviatidimsfront the Contract Documents or accept =v .-sulistitutc materials n equiprrntu utiless aut or'tzcd b the FNIGINEF:R 9.3:,:3.. Iixcced limitations of ENGINEER'S authority asset forth in the Contmut,Diicuments:- 9.1-i.3. Undertake any of the resNnstbilitics. .of the CON'I R-\CTOR. Subcontractors: or CQVjR;_\ "FOR' p -ruitmclene 9.3.3.4. Advise on, or issue duzctieLm re4•±tiye to or a_cswne mntrol over�:5nv BNB of der miar>sr ntuthod_s, techrii ttesi st�,uences =or procedures fur consinic[ion unless such is swcifieatli' called in the Contmct Documents. 9,3.3.5.. Advise on or issue direction regariiin>;_Qr .utume wntrol �er safetv_ p;rmutions and grodgnms in connections with the Work. 9.3.3.5. Accegt shop �rawinas_or sample subniittaN from. anon oiler. than the CONT'RAC.TOR- 9.33.7-. .Authorize OWNER to,. dx;cupy-._ihe lyork in whole or in part: - 9:33.3. Participate. in specialized field or laboratory tests or inspections conducted by Others exeepl as specitiiml— authorized by the fENGEINIEER Chuiftcatidns and fnterprelations., 9A4 ENGINIEER will issue with rnwnablc promptness, such ai•iinen• clarifications 'oe interpretations of the EiCocol~Ne :couutTtonst9rt-s(101iFcGticnt. e't C1 FY OF ro3T COLLt N'S ]tOUt11CATf0tQ5 iaLV A/2 VIot requirements of -the Contmet•Documents (in the font of Drawingss.or.otherwise) m ENiGINMERmay determine .necessary. which shall be consistent with the intent of and reasonably inferable from the Contract Documentsi. Such written clarifications and interpretations will be binding an 0WNF,'R and. CONTRACTOR, If OWtNPR or CONTRACTOR believes that a written clarification or, interpretatun justihes an adjustment in the Contract price or theContract Times and the parties ire unable to agree tu. the amount, or arterd thizeo[ if any: OWNER or CC)ISI'R.-\CTOR may make a written claimtherefor as provided in,Viicle.l,l or Article 12" Aiiiho?ized Narin6ons in [York: 9:5: HPNINEER may nuthorixr min6r variations in the. Work, from the requirements of the Contact Documents'wlvch,doo-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 functioning whole as indicated by the Contract Ooc:ummts. These may iv accomplished.by a Field Order .andwill he binding an. OWNER -and 21.so On CONTRA( FOR who shall aseiform did Work involved promptly- IfI:RVNER orCONTRACTOP believes that a Field Orderjta tilieg an adjustment inthe Contract Price or the Contract, Times and the ponies are tenable to agree as to the amount or extent thereof, OWNER or CONNTR\CTOR may make a written claim, therefor as provided in Article I I or 12. Rijecring Defective Work. 26. 6NG N ER will Favc puthoriq- to dis'.approvc or reject Work which Fi IG(; iFEF bL-Ucv�n to be. defective; of that ENODMERhelieves will not produce ([completed Project that conforms to the Contract Ihxuments oe that will prejudice the integrity of the designconcept of the completed project as a functioning whole as indicated by the Contract Documents. FNGINTER will also have authorty •to- required special :inspection or testing. of the Work as provided,in para6mph 119.. whether or nut the Work is l abriLated, iiatallal or completed. My p.Drawing.s. Change Grdersand Pgwaenrs: 93, In connection with ENGINEERS authority as to Shop Drawings and Samples, see paragraphs 6.214 through 6.'3 inclu:liye. M. In connection with GNGINCERsauthority as to Chance Orders, .sec Articles 10, t I. -and 12. 99. In connection withLNMIEER's authority as to Applications for Nym eat. see Article,) 4. Detrrminatigtas fpr. Unit Prices. 9.10.. ENGINEER will dcterrmnc the actual quantities anal classifrcaiions.yt Unit -Price Work performed by CONTRACTOR. ENGINEER will r6icw with C)N fI RACrOp the 6N,GINEFR's preliminary determinations, do such matters before rendering a written decision thereon (by recommendniton of an 3plication 0 for Payment or otherwise). ENGNMks written decision 'thereon will be final and binding upon Okl;NER and CONTRACTOR. unless, within ten flays after the date of any such decision either O:Wi IM or CONTRACTOR delivers to the other and to ENG[NEER written notice of intention to appeal frotn,F\rGNFER's decision and: (i) an appeal from C\GINEERs decision Is taken within the time limits Anil in accordance with the procedures set forth in ' CAlibit GC A, "Dispute Resolution Agreement"; entered. into betwmil.OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no sui:h Dispute Rea 166on agreement has been entered into, ir formal procemling is instituted by the appealing party in a forum of wmrerent.�urisdiction to excrcue sucK rights or remedies as the appealing party may have with respect to' hNGINEhR!s decision. unless othenwisc agreed in writing by OltNkR and CONTRACTOR Such appeal'%vill not bet subject to the ' procedures of paragraph 9.1 I. Deci.aont on Ditputee ,9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the accepnhili5v of he Work hereunder Claims disputes and other matters relating to the acceptability of'the Work or the interpretation of the NcfuircmcnL, of the (;ontmct Doicuments pertaining to the performanceand furnishing tit' die Work and elainis under Articles I l and 1"_ in respectof changes in the Contract Price or Contrici Times will be referred initially to FUUINEF.R-in writing with a request for a formal' decision in accordance with this paragraph. Written notice of each such claim, disliuw or other matter will be debvered by the claimant to e4GLNEER and the ' other party to the .agreement promptly (hut in no event later than thirty days) after the scan of the occurrence or eventguying rise thereto, and written supporting data %will be stlCmilted to F.NGINF,F.R and the other tinny within su ty Jays after the start of such occurrence or event unless ' ENGINEER allows tin idditiunul period of time for tie submission of additional or more accurate data ui suppon of such claim, dispute a other matter, T1re opposing pn t shall submit any response to ENGINEER and the claimant within thrny days atter receipt of tie claurint's [test submittal (unlc�; FNrGNTEF.R allows additional time). R4GNEER will rendera formal decision in -writing within thirty days,a tier receipt of the opposing parry's submittaL if any, in 'accordance. with this pamgralk ENGEVEER's written decision on such claim, dispute or other matter will be final and, binding upon OWNER and CONTRACTOR unlessr-(i) an appeal from ENGGJEER's decision is taken within the time limits and in accordance with the pro cedums set forth in E.\Fi[13ff GC=i� "Dispute Resolution. Agreement', entered into between OWNTER and CONTRACTOR pursuant to Article'16, ur (ii) if no such ' Dispute Resolution Agreement has been entered into,a written notice of intention to appealfrom ENGINEER's written decision is delivered by OIV�*IER or CO\TRACTOR'to the other oral to ENGL\T-121Z within ditty days aticr the date of such decision and it formal ' prnCetlinl, is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies ns,t}ic appealing warty may hive with resr.�*ct to such claim. dispute or other matter m accurdunce with applicable Laws ' and Reguladons within sexy da}'s, of The dare of such EXDC OENER,11. co,4ui71CM3 191 (1N lW)u Edition) ' -- W(.11YOF FOlfr COLLINS :MOOiPICMIONS!REVd4nrmn) decision,-unle,s othenwise agreed in writing by OWNER and CONTRACTOR 9.12: Whin functioning as interpreter and jtidge under puragmphs 9.10 .and 9.11, ErNGL�[EEIt will not .shone Uwe to OWNER or CONTRACr!)R and will not be liable in connection with any interpretation or.decision rendered in good faith n such capacity. The.rendering of 9 decision by L\;GINT,E2 pursuant to paragraphs 9.11) or 9.11 with, respect to' any such claim, dispute or other matter (except any whi&h ha_vz been waived by the making or acceptance of fmal payanrnt as. provided _,in paragraph I4.15) dill he a condition. precedent to any c.�erchsc by OWNER pr CONTRACTOR of such rights or remedies a.¢ either may otherwise have under the Conimet Doc-umcnts or by Laws.or Regulations in respect of:any suchclaun: dispute or other matter pur5`Jim e-iA ale! 9.13. Limitations on ENC/NL•ER's Authorty and He�pardbiiltier. - . 9.111. Neither ENGINF:F.R's nuthcrit' or. responsibility under this Aitiele-Tor under anv other provision of the Contract Documents nor any decision made by, ENGINEER in good faith either to exercise or not exercise such authu city or responsibility or the undertaking, exercise or ptrranianec cif any authority er res. pon+ibiliry by FNCr[NFER. shrill create, impose or give rise to tiny fluty owed byENGNEER co CONIRA(:'fQR any Subcontmcton any Supplier, any otherperson or. organintion, or to any surety for or employee or agent o! any of them, 9.f3I ENGINEER will not supevisc, direct, control or have authority over or he Y"eponsiblcr'for CONTR\CTOR's means, methocK techniques, acquenccs or procLdures of constructiort, Or, tic safety precauficns and pro rtnmsincidentthereto or for any failure of CONTRACTOR to comply with Laws and :Regulations applicable to the hlrhshing or performance of the Work, ENG1D.rEER twill 'not be responsible for CONTRACTOR's failure to,perfarm or funtish the Work 6 acccrdanca with the Contract Documents. 9.133. GNGEvEER will not be responsible for the acts or omissions- of CONTRACTOR or of any Subcontractor, any Supplier; or or any other person or orttanization performing or [furnishing a ' oC the Work- 9:13A. ENGLNEER's review of the final Application for Payment and acc2mmpanying docummu+lion and all maintenance and operating ihaructions, sctcdulcs � varuniees. Bonds aril certificates uf'moNction tests and approvals and other documentation required to he eelivered by f-oa=aph.14.l2 wvill only, be to determine ercmlly that Their contentcomplies with the requvunents of. and in the ease of certificates of inspection& teats and' approvals thatthe results cenrheih indicate comoliance with. the Contact Document& "03-- 'fhe limintons upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER'S Consultants, Resident Project Represcntative and assistants. tViCIC LE 10=CILiNGFS.IN THE WORK 10.1. Without invalidating iho Agreement mid without notice toanv surety. OWNER mav, at am• time or from Hine to time, order addiiions. deletions or revisions in the Work. Such additions;_ deletions or revisions will he authorized by a Written Anim&ncnL a Change Order, or a Work Change Directive. Upon receipt of am., such' document, CON'MAC(OR shall promptly proceed with the Work involved which. will be performed under the applicable conditions of. the Contract Documahts (accept as otherwise specifcally provided). 10.2. If OWNER and CONTRACTOR- Eire unable to agree as to the -extent, if arty"•, of an adjustment in the Contract Price or an adjustment of the Comracr'r imes that, should be allowed as a result of a Work Charge Directive, a claim may be made therefor m..provided in Article I I or Articic'12, 10.3. CONTR:\CTOR.shall not be entitled to an. increase - in die Contract Price cr an extension of the Contract 'r roles with respect to any Work perforated that is not required by the Contract Documents as amended modified and supplemented m provided in paragraphs 3:5 and 6, ceccpt in the case of an emergency as provided in p araeanph 6.23 or in the case of uncovering- Work as provided in paragraph 13J. 10.4. OWNER and CON frRACTOR skill execute appropriate Change Orders recommended by ENGLNEER (or Written Amendments) crwering: 10.4,1. changes in. the Work which are_(i) urdered by OWNER pursuant to paragraph H)A (ii) required because of acceptance of ckfeciive Work under paragraph'13,13 or correcting rkjeerive Work under pamvg ph 13.14, or (iii) agreed to by the looniest 10. 41 changes in the Contract Price or Contract Times which age agreed to by the parties; and 10,4:3. change; in the Contract Price or Contract Times which embody the. subsumes of any uriadn decision rendered by ENGLAER pursuant to. paragraph 9.1 l; provided that -in lieu of executing am such Change Order. an appeal may be taken from any such decision in accordance with the provisions of the CuntiaeL Documents and applicable Laws and Regulations, but during any such appm L CO\�l'R.ACa'OkC slrall carryon the Work Arid adhere to the pragess schedule its provided in paragraph 6:29 10.5; If notice of any change affecting the general scope of the Wort: & the provisions of the Contract Documents E)MCC NERAL CONVIT[ONS 191 V-St19S96161anl ar/ CrrY OF f•ORT COLLI NS MODHWATIONS tRV dC W at (induditm, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond. to he given to a surety, the giving of ant- such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly, ARTICLE tI-ChL\:\GF.OE'COaN-rR.\C'r PRICE: 11:1. The Cixuract Price. constitutes the total compensation (suhjcct to authori7cd adjustments) payable to CONTRACTOR fix pertorming die Wutic zu duties; reap onsihilities and obligations assigned to.or undertaken by C01'41' RAC 4 f OR� shall he. at CON'T. RACTOR's expense without change in the Contract Price, 11.2' The Contract 1;`mcq niay only he chingLd l* a (?Inmge Order or by a• Writtco r\tnendntent_ Any claim for.an adjustment in the Contract Price.slvnlfLz (used on written notice delrvcied by die Racy making the claim to the other pithy; and to ENTULNEER promptly (but in no event litter than .thirty days) 'alter the start of the occurrence or event giving rise io.thu claim and stating the general rt<iture 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 (infless F1,10INF.ER ❑llous.additional time for claimant to submit acUtiomal or m6rc'accurarz dnra in support of the claim) and shall be accompanied Iry claimant's written statement that the.adjusunent claimed covers all known amounts to which the claimant is entitled as a result of .said occurrence or event All claims for adjustment in the Contract Price shall be determined by DfGINEBR or accordance with paretraph9-11 if OW'PTR and C:OINTRACCOR cannot otherwise agree on the amount involved. No claim for an adjustment in the. Contract Price will be valid it not submitted in accordance with this pam:raph 112 l 1.3. The value of any Work covered by a Chiucge Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1, where the Work involved is covered by unit prigs contained in the Contract Documents, by applicaticmof such unit prices to the quantities of the items involved (subject to the provisions of 23 11 M, mgmphs 1 Ly.l through I L9.3. inclusive) 102. where the Work im•oNcd is not covered by unit prices contained in the Contract Documents, byp mutually agreed payment basis. ineluding,lump sum (which. may include an allowance for overhead and profit riot necessarily in accordstwx with paragraph 116.2): 1.3.3, where the Work involved is not covered by unit prices' contained in the. ConlraEt Documents and agreement to a lump sum . is .not reached under paragraph 1 1.3.3, an the basis of the Cast of the Work tdcicranmcd as provided in paragraphs 11.4 and 11.5) plus a CONTRACT rOR's fee for overhead and profit (deters incti as prnyided in paragraph 11,6), -Cost of die IVrirk• 11.4. The test Cost of the Work, means the sum of - all costs necessarily •incurred and paid by CONTRACTOR in thepraper performance of.the Work. Except its otherwise may he ogncd to in writing by OWNER, such casts shall be in amounts no. higher' than those prevailing, in the locsiliry of the Project, shall includeonlythe fallowing items''and skill notinclude.any of the costs itemized in paragraph i 1.5: . I I A.I. Pay --Toll costs tar employees in the direct employ of CONTizACTOR.in the performance or the Work under schedules of job classification agreed upon by OWNER. and'- CCIYTR4C'r6R. Such cat ployees shall include without limitation superintendents, foremen and other fiersanncl employed cull -time at the siie. Payroll- costs for employees not employed full-time on the Work shall he ap.'portioned on the basis -of their time spent on the Work. Payroll coasts shill uicluder buctia be t'un ited to. mlaries and usages plus the cast of Cringe beneuts wldeh shall include social s<cuiiry conirtlxutions: imemploymant, eReise and pmroGtaxes, iyockers' comfit n tion, health and -retirement benefits; bonuses; sivic leas r.acaticxterulholiday papplicable thereto. Theexpends of performing Work atier regular working hours, an Saturday. Sunday or legal holidays, sf6H*be included in the above to the extent authorized by OWNTER. 11.4._. Cost of ill materials and equipment furnished and M.Lo orattd to the Work including costs; bf transportation arid storage thereof, and Suppliers' field services required in connection therewith All rash discmitis shall accrue to CONTRACTOR" unless OtVNER deposits funds with COi•TPLACTOR With which to make payments, in which -case the wish. discounts shall accrue to OWNER: All trade discoumts, rebnles and refuntfs and returns from sale of surplus materials and equipment, shill accrue to OWNER. and CO:NTR.4(-`t'OR shal_I make pro6sions ' so that they may obtained. 11.4.3. Paymicnts made by CONTRACTOR to the Subcontractors tar Work perfurmcd Cv furnished by ' Subcontractors. ff requii',ed by* CjWUF,R, EICU(;(:EVER;w.COINDITIONS 191n3lltyWE&ail 24 ' a"/ Cril•OF FOR'r LOLL M, MOOIFICA RONS(REV A/:halt) COIN TR\CTOR shall obtain competilive bids from Subconlraclors acceptable to 0WMLR and CONTRACTOR and shalt deliver such bids to OWNER who will then determine; with the advice of E'i IGI EER which bids, if any, will be accepted: If any subv OMMel provides that the $tib:omractor"is to be paid on the basis of Cost of the Work plus'a'fee, the Subcontrac(des'Cost of the .Work and tee shall be determined in the same manner as CONTRACTOR's Cast. of the Work and fee- as provided in paragaphs t L$, I [3, I t.6 and 113 All subcvntradsshall bd'sufijectlu the other pruvisiarsof- the Contract Documentsinsofaras applicable. 11A.4! Casts of special consultants (including but not limited to engineers, .architects, . testing labornlurics� surveyors, attomeys.tmil: accountants) employed for sch,iccs srecifically related to the Work. 11.4.5. 'Supplemental costs including die follow•in,,: IIAJ:1. The imporion of nccCSSary transportation, .travel. and subsistence:e.xpenses-of CONTRACTOR'S , employees incurred" in discharge of: duties connected with the Waist Gist .including tnuuponation and' maintenance, of all materials suppfies, equipment, machinery, appliances; otiice.and tempornry facilities at the site and Kind 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 CO T RACTOR: 11.4,5.3. Rentals of all construction equipment Ind mnehinerv'and the pares, thereof whither rented From COK-TRACTOR or othersin accordance with rental ngreements approved by OWNER with the advice. of.ENG[rvf ,ER, and the costs of transpurtatiurt Iciading. undouding, instalLation'disnantling and removal thereof —all iii accordance with tcnns cif said genial avreemcrim The rental of any such equipment, muclvndy or parts shall cease. when the use thereof is -no longer necessary t"or the Work. i t.4.5.4. Salcs,'.caruumer_, use or similar taxes related to the Work and'fir which CONTRACTOR -is liable, unposed by Laws and Rreulations. I t,4.5,5, Deposits lost. I'or causes other than negligence of CONTRACTOR, any Subicontractor or anyone directly or inidiredly employed by any of them. or for whose acts any m of thanay be Gable, and royalty payaneriu and fees for pemnts.und ficensa. I1.4-5.6. Lassa and damages (anti related expenses) caus d by damage to the Work, not compensated by irsurance or olhenvisc. sustained by CONTRACTOR in connection with the performance and furnishing of the. Work (ckcept losses and damages within the deductible,amouno; of property insurance established by OWNER. in accordance with paragraph j9), provided they have resulted Font -causes other than the negligence of CON7rR?C1:QK. any Subcontractor, or anyone directly or indirectly employed by any..of them or for whose acts any of them may be liable. .Such louses shall include settlements made with the written consent and approval of OWNER No such 16sses; damages and experises shall be included in the Cost of the Work. fix the purpose of determining CONTRACTOR's fee:. IC however. any such lens or dnmsge .requires reconstruction and CONTR.ACrok is placed in charge hereof, CONTR\CFOR shall be paid for se-•ices.a'fee proportionate to that stated in pamernph 11.6:2. 11-4.5.7, The cost of utilities, -fuel and mnitary taeditiCs at the site. 11.4.5.8. Minor expemes such as telegrams, long distance telephone ©lls, telephone service at the site, c\pressaec and similar petty cash items in connection with the Work. I L4.5.9. Cost orprenmiumsfor additional Bonds and' insurance required bmiuse if changes in the Work. 11.5 . 'f he term Cost of thc .Work shill not include any the following, 113.1. Payroll costs and other compensation of CONTRACTOR's officers, e.�ecutivcs, ,principals (of partnemhip and sole proprietorships); general m.imPus, cueineers, architects, esunmators. attorneys.. auditors, aceounlariM purchasing and contracting ;agents, expediters, timekeepers, clerks and other lvrsomncd employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch' office for general administration of the Work and not spccihcally included in the agreed' upon.-schieilule cal' 'job cla.sifiemions referred to irr_.paravftaphlt.4. t or. ,specifically covered by paragraph I I _4_4!=dl of which are to be considered administrative costs covered by the CONTR\CTOR's tee. 11.5.2. Expenses of CONTRACTOR s, principal and -branch offices_ other than CON'TRAC_TOR's offs: at the site. - 115.3. Any part of CONTRACTOR`s• capital expenses, including interest on CONTRACTOR'S capital- employed For the Workand charges .against CONTRACTOR tbr,del[nyuent payments. 11.5.;1. Cost of premiums for all Bonds and Cur all insurance whether or not CON7R\C'C1R is'required by the Contract Documents topurchase and maintain the sane (except for the cost of premiums covered by subparagraph 11.4.5.9 above). F7COc'OE:�tR4Lir;NUlTtous t'lle-s t194y Wliml and CITY UP FORT CULLI NS MOUIFIC'ARONS (.REV 4, 2Total II.?.S, Costs due to die negligence of 051'f RACTOR,- tiny Subcontractor, or anyone directly or indirectly employed by anyy of them or for whose ads any of them may be table; includifii but not limitedto. the correction of ckfectn-e Work_ disposal of materials or equipment wrongly supplied and making good any damage to property, Other overhead or eencral, expense costs of any kind and thecws tit any itnn not specifically and c�resslyinchided in prrragnlph 11,4. 11.6. The C0NTILAC:1'0R's fee allowed to C&NI MRACTTOR for overhead_ and profit shalt be determined as follows[ 11.6,1. a mutually acceptable lixeil Cde: or 11.6.2, if it fixed fee is not uerced "upon Lhena fee based on the following i crecntagcs of the various porticos of tau Cost of the Work: . 11.6.2.1. fur costs incurred under paragraphs 11 .4.1. and I l.a.'_, the CONT RACI'OR's tee shal l he Fifteen ra rcenc. for cows incurred under liaragraph I L4.3, die CONTR\CrOR's-fee shall be five percent[ I1.6'2.3. where one or more tiers of submntmcts arc on the basis of Cost,6(thc'Work plus" a tee arid. no Fixed fce is agreed upon, the intent of pamrapss 11,4.), I1 ;} 2; 11.4-3 and I i 6.2 is -thin. the- Subco m victor who ac=Jiv Nrformsor furnishes the Wort:, at whatever tier, will he: lztid a feeortiticen perecrtt of the costs incurred by such'Subcontractor under paragraphs 11:4.1 and 11,4.2 and that any higher tier Subcontractor kind CONTR\CTOR will each be paid aFeu-o6fSca-percent-o€-.the-amarnFpaid-to lhcnexblowcrtierSutxontractoca to -be -negotiated in g_oxxl Faith �a-ith the CJWN R bw not to cxcted five percent of the amount paid to the nepa lower gar $�pntrnctyr. 11,624. no fee shall be finyabie on the twin of aosts.iiemired under, paragraphs 1 b4.4, 11,4.5 and. 11_X I1.6.2-5. the amount of credit to be allowtid by CONTRACTOR to OWNER for anv change which results in a net decrease in cost will be the amount of the actual net decreasein cost plus a deduction in CONrRACTOR's tee by an amount equal to five percent of such net decrease; and 11.6:2.k when both additiom:and credits are involved in any one change., he adjustment in CONTRACTORS fee shall be computed on the basis of the net change in accordance with paragraphs 11A2.1 hroueh.I1 fa,_.i„inclusive. 11.7. Whenever the cost of irw Work• is, to he �j I 1] 1 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 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient 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 subsurface or physical condition to in paragraph 6.2 above) which pertain at or contiguous to the site or to the otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the ' Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional ' examinations, investigations, explorations, tests, reports, studies 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, ' Section 00520 Page 3 Ir1 [] detemtined ,pursuant to paragraphs 114 and I15, CONTRACTOR will establish and maintain record, thereof in secordanec-with. generally accepted accounting practiccs.and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Altawancav: I IX It is understood -that CON -ER -ACTOR has included in the Contract -Price all allowances so named in. the Contrac;t.Docunients and shall wuse�t}ie Work:sq cgvered to be furnishn[l and pet'fuim_d Coe such sums as .may, be acceptable to OWNER and F.NGf1NrEF;IL CONI'RA,croR :agrees that: I1,8.1, the allowances include the cost to CONTRAC,I'OR (less any applicable trade discounts) of materials and equipment required by allowances -to ba; delivered at the site.andall applicable taxes; and 1 L8:2. CONTRACTOR's. costs .for unloading and haridling on the site, labor.. installation costs,. overhead, protit and other expenses contemplated fix the allawcx ans have lien Included_ in the Contract Priae and not in the allowances and. ito- demand for additional paynient.cm account of any of die foregoing - will be valid. Prior to tired payment. an appropriate Change Order will be issued as rcconnitended by FrI iLUEF.I2,lo retlec:t,aetual .amounts due CONT RACI'OR onaccount of Work covered by allowances, .and the Contract :Price shall be currespondaigly adjusted, 11A. flnd.Price Work:- 1 1,93. Where the Contract Documents provide dint all or pan of the Work is to be Unit Price Work, initially the Contract. Price will be deemed to include for all Unit Price -Wort_ an amount equal to the sum of the established unit prices for each sepzrmtely identified item of Unit Price Work times the es[unated quantity of each item as indicated in die Agreement. The estimated quantities of items of Unit Price Work arc not guaranteed and are solely for the purpose of cnmpansun of Liids'and determining an initial Contract Price. Determinations of the actual qua mtities and classifications of Unit Price Work performed by CONMACTORhill' be made by GNGa\TEER in accordance with paragraph 9.1 P: Each unit price will be deemed to include an amount considered by C'ONTRAC'TOR to be adequate to cover CONTRACTOR. overfiead and profit Cur eachsep.uafaly identified'iiem. 11. a OLVNER or CONr12,\CTOR may make a claim for an adjustment in the Contract Ricein uuvordance)vithArticle I if 119.3.1. the quantity of any -item of Unit Rice Work [trrommcd by CONTRACCOR differs materially and siunilicamly from the estimated. quantity of such item'indintted in lie Agreement; ERMCGENF$.tl Couomov 191 a-8 i row E&Q(O -6 err ciiyar FORT COLD NS 310Dr9CA BONS (REV -L71)01t). and I I J. 2: there is no correstondatg adjustment with respect to any i&heritem of Wtirk', and 11.9.33. if CONTRACTOR Mieves that CONTRACTOR is entitled to an irrcrettse in Contract Price as a result of havingo incurred additional expense or 01VNTk believes that OWNER is entitled to adecrease in CQtltrael,PRCe and the panics. lire unable. to a�tti as .to the amountuCany such increaso or decrease: I It9.3.4. CONTRACTOR acknmvlcdces that the OIVNFR has the rieht to add or delete items in the Rid or ehanar quantities at OWNER'S sole discretion without affectinc the Contract Price -of anv remaining item so lone- as the deletion or addition does not exceed twenty -live Percent of thaoriginal mial Contta6t I'rica ' ART.IC LF. 12—CHANGE OE CON:rRACT'TL\ I ES I _. i. The Contraet'rim s (or Milestones) may only. be changed by a Chrye Order or a Written Amendment: Any chmi for in adjustment of the Contract Tuiies (or Milestones) shall hu lensed on ivrinen notice delivered by the party making the claim to die other party .and to ENGINEER promptly (hut in no event later than thirty days) after the occurrence of the event giving rise to the. claim and stating the general mture of the claim' Notice of the extent o(thc chit, with supporting data shall'be defivued' within sLxty days aftersuch occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support .of die claim) and shall be. accompanied by the claimant's written statement that the adjustment claimed Is the entire atljusiment to which. the claimant has reason to believe it is enttled as'a result of the occurrence of said event. All claims for adjustment in the Contract Times '(or & leswnes) shall bgdetermined by ENGTNF.ER in accordance 'with paragraph9.11 it' OWNrER and CONTR,\CTOR cannot otherwise agree, No claim for an adjustment in the Contract Times'(or .4lestones) will be valid if not submitted in accordance with the requirements of [his paragraph aph L. L I2:2. t\ll Mime limits stawxl in the Contact Doc:umenm are. of the essence of the,Atreement 12:3. WhcrdCONTRACTOR is, prevented 'from completing, any pan of the. Work within the Cuntract Times (or N[ilestcnes) due to delay:beyoml the control of CONTRACTOR; iyu Contract Tunes (or Milestones),will to extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 12 1. Delays beyond the control of CONTRACTOR shall include, but not fa limited'to, acts or ne left by OWNER, acts or mulect of utility owners or other contractors performing other work as contemplated by Article 7. firm floods, epidemics. abnormal weather conditions. or acts of Gcd- Delays attributable to and within the control of a Subcontractor or Supplier shall he deemed lobe delays within the control of CONTRACTOR 12.4. Where CO_N'TRACTOR is prevented Cron completing any part orthe Work within the Contract Times (or ,Milestones). due to delay beyond the control of both Ol\nJE•R aiid CONTRACTOR, an extension of the Contract Times (or \-6legones) in at amount equal to the time last clue to'such delay shall be CONTI ACTOWs sole and exclusive remedy for such delay. Irmo event shall OWNER be fable to CON7RACTOR, any Subcontractor any Supplier, any other person or onmr=lion. or to uny suray for or employee or agent of any of therm, for damages arising out of or resulting from (I) delays caused by or within the control of diz CONI'RACI'OP— or (ii) dcLi} s beyond the control of Loth parties, including, but not limited to, fires, floods. epidemics: abnormal weather conditions, acts of God oracts or neglect by utility owners, or othercontmctors perfomling othel'work as contemplated IN Article 7. ARTICLE 13—'r&ors AND INSPECTIONS; CORRECTION, RKMOVAL OR.e\CCI?F''fANC F: O6 DKFh(TtVF.•WORK U. L Xatice of Defects: Prompt notice of all rkfeetice. Work of which OWNER or ENGINEER. have actual knowledge will be given to coNTRACTOR Nl defective W1uk may be rejected, corrected or axepted as provided in this Article 13- Accee;in Ihnrk:. 13.2. OWi1L•R. L\IGNE)3R ENGINUER's Corisultants: other representatives and personnel of OWNER - independent testing laboratories and governmental agencies witli jurisdictional interests will have access to the Work at reasonable —times fur their observation •inspecting and testing. CONTRACTOR shall provide them proper and safe conditions .For. ,arch access and' -advise them of CONTRACTOWs sitq.safevy procedures and programs so that they may camply thierewilh as appl icable; Te-as and l nsltectinns., 113: CONTIL\CTOR shall give [s1GUEER timely notice of readiness, of the Work for all required inspections. tests or approvals, and shall ooaperate teeth inspectiunand testing personnel to facilitate required inspections or tests.. U'4. OWNER shall employ and pay -for the sere ices of an independent testing laboratory to perform all it ;uticns, tests, err approvals required by the Commct Documents e:eeept: 13.4.1: for inspections; tests or approvals covered by paragraph 1'3.5 below; 13.4.2. that costs incurred in connection will tests or iitspee:tions conducted'pursuant. to partigmpi.13 FJCUC UE�Eav, tJ(INt)�TLONS I'lIr}-S (IY4U Erfidcni at Ga'IY Of FOAT CULLI LS ]fOU111GTtONS tltL•V �I,^.(HIU! below shall be paid as provided in .said pamgrtph 13'.9;.and 13,4.3: as otherwise 5;pccili9lly provided in the Contract Documents, 13.5: If Laws or Regulations of any public bedv having jurisdiction require any Work (or. part thereot) specifically to be inspected, tested or approved by,an employee or other repicsentativcof such public body: CONTRACTOR shad assume full responsibility for am nging and obtaining such insperxion5, tests or approvals, pay all costs in connection therewith, and furnish HNGIN6ER the required crrtificatcs of inspection.. or approval. CONTRACTOR shall also In responsible for arranging and obtaining and shall My all costs. in connection with any inspections4 tests or approvals required for OWNER's nnd.ENGI Nk F;R's acceptance of materials or equipment to be incorporated in the Work, or of materials. mL� designs; or equipment suhmittod for approval prior to CONTRACTOR's purchase thereof Cur mcorporauon m the Work. I o', If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRAgOR without written concurrenee of ENGINEER. it must if requested by UNGINEER be uncovcrcd for observation.. 13.7. Uncovering Work as provided in paragraph 13,6 shall It. it CONTRACTOK's expense unless CONTRACTOR has given HNZi1Mi timely notice of CONTP-NCTOR'stmention to cover die saute. and 1iNMINFER has not acted with reasonable prornptn in response to such notice. Uncovering Work: 13 i; If any Work is covered contrary to the written request of ENGINEEK it must it` requested by ENGINEER, be uncoveral for UNGM-ER's observation and replaced atCONTR'AC"TOR's expense 1 0- ICENGMI MER.conniders it necessary or ativi�nhlc that covered Work- he obser ed by LINPUM- or irpected or tested' by others. CONTRACTOR- tit ENGUEEP" request shall uncover, expose or otherwise make available for observation. inspection or'tcsting as CNGIN-Eft may ryuire, that portion of the Work in question. furnishing all -nee scary labor, .material and equipment If it is found that such Work is ck(ectn•e, CONTRACTOR shall pay all cluuns, costs, losses and damages caused by, arising tut of or resulting from such uncovering, exposure; observation, insp&6un and testing and of satisfaixop' replacement or reconstrucum (including but not limited to all casts of repair or replacement of work of oilers); and OWNiER shall b.e entitled to an appropriate_ decrease. in the Contract price, tad if the parties are UItible to agree as to the amount thereof may make a claim therefor as provided in Article 11. If, however, such Work is not found to be ck&cfire. (.ONrTRACI'OR shall be allowed an inereasa in the Contract price or an extension of the Contract Times Car Milestones), or both, directly attributable to such '' 7 1 uncovering, etpthure, .ob$ervation, inspection, "testing, 'replacement end reconstruction and,if the pastes.are urmblc. to fierce as' to the amount or extent thereof. CON7R4CTOR may make a claim therefor as provided in .Articles I I and 12. 01VAFJ? ;I fay th e I bark: 13_Ui: If theWork is ill'l`ctrve, ur CON"pRACfOR fails to. supply sufficient skilled workers or suitable mattxiuls or' etluipinent, or fails to Banish or perform the Work insurh a' way that the completed Work will conform to the Contact Documents. OWNER may order CONTRACTOR' m stop. the Work, or any portion thereof, until Lhc-cause for such order ban been elimirnteti; however, this right ofOWNiR ,to stop the Work shall not give risc to any duty on the part of "OWNER to exercise this right fair the benefit of cot.r RA@:1'OR or any surety or other party. Correction or Removal nfDefecrive Work, 13:11. If required by ENGIN6FR,-CONTRACTORsMII promptlyias directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by HNGINFF.R. remove it from the site and replace it with. Work that is not iE.fevivt, COYI'RACI'OR shall pay all claims, costs losses and damages caused by or resulting Brim such correction or removnl (including but not limind to all casts "of rgair or replacement. of work of•nthers): 13.12. Carrection Nerioet- 13.12_I. If within OfH-W � ta•o years after the date of Substantiat completion or such longer period of time as tnay be prescribed by Laws or Regulations or by the. terms of any applicable special guarantee required by the Contract Documents or by any speoifieprovision of the Contract Documents, anV Work is round to be clefeciive,.CONTRACTOR shrill promptly, without cast to OWNER and in accordanceWNf with OEWs written 'instructions: (i) correct such defective Work or, if it has been rejected by OWNER', retiloveit from the site and replace it with Work. that "is nut defective, and. (ii) satisfactorily corrector remove and replace err: damaes to other Work.orthework of others resulting therefrom. If CONTRACTOR does not promptly comply with tine terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the drfuerive Work corrected or the rejected WorL removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal grid .replacement (including but not limited to all costs of repair or replacement of'wori: or others) will bet paid by CONrFR-,\C'TOR. 13.12:2, [a special carcumshmces where a particular item of equipment is placed in continuous service. before Substantial. Completion of all the %Vpik. she correction period for that item may stain to ran from an earlier date if so provided in the Specifications or by Written Amendment. t l2:i Wherc-defective Wodc (anddamage to other ex uc ceSEsc.u: cotaotnavt v I net. i i5yn Lclitim) ''-S`+.>an•or•t�otcrcnt.Ltusatourrtcrnovsptcva,:oaal Work resulting ,theretom) _ has been corrected; removed or replacedunder this. paragraph BA2 the correction period "hereunder with respect,to.such Work will be extended for an_ additional period of ena-yrar Lwo vears ;filler such correcuon or removal and replacement has been satisfactorily cuniplered. Acceptance of Defective Work., 13.13.. If. instead of requiring correction or removal and -replacement of def Give Work OWNER (and. prior to ENOINEER's recommendation of Gnal payment. also NNIGINFER) prefers to accept itOWNER. may, do so. CONTRAC:COR shall pay all claim costs, losses and dimnies atrrihutable" to, OWNFRs valuation of and determinationtoaccept such"tkfzc6ve Work (such cnststo 'b� approved by ENGLNEER"as to reasonableness). If any such acceptance occurs prior to ENGINTEF:R'.s recommendation or final payment. a Chance Orderwill be issued incorpora ting. the nec_cssary rcw Lsions in the m" Contract Documents with respect to the Work. and OWNER shall "he entitled to an appropriate decrease in the Contact Price, and, if the parties are unable to agree as to the amount "thereof, OWNER may make a claim therefor as provided in Article I L If the acceptance occurs after such recommendation art appropriate amount will h -paid by CON'fR:\Crop to OWNER. OWNER Hay Correct Defective ,11='orkr 13.14. if CONTRACTOR tails within a reasonable time after written notice from ENGINEER to concoct defective Work or to remove and replace rejected Work as required. by ENGfNEBR"in aceordaince with paragraph 1"-3 I f, & if CONTRACTOR tails to perturm the Work in accordance with the, Contract Documents. or'if CONTRACTOR fatly to comply with any tither prevision of the Contract Documents, OWNER may. after seven clays' written notice to CONTR\GTOR,. correctand remedy any such deficiency. In exi•rcising-the rights and remedies sunder this paragraph OWNER shall procYd expeditiously. In •conneetim with such corrective and remedial action OWNER may exclude CCN'fRACfOR from all'or put of die site, Like possession ofall or part of the Work, and suspend CONTP \V7OR's services related thereto, take .possession of CONTRACTORs tools, appliances, construction equipment and'machinery at the. site and incorporate in the Wort all matcriaLt and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR' shalt alknv• OWNER, OWNEFZ's representatives. agents and employees. OWNER's other comnictora. and ENGINEER and EN M,ER's t onsultams ".access to the site to enable OWNER to exercise the righLs and remedies under this pam3uph. All claims, costs; losses and'damages incurred or sustained by OWNER in exercising such riches and remedies will be charged against CONTRACTOR" and it Change Order will be issued incorpurating the necessary revisions in the Contract Documents with respect to the Work: and OWNvFR shill be entitled to an appropriate decrease in the Contract Price, and; if the parties arc unahlc to ngee as to the amount thereo[ OWNER may make a claim therefor as provided in :Article I I, Such. claims, axis, losses and damages twill. include but not be limited to all costs of repair or replacement of work or others destroyed or damaged by correction removal or replacement of CONTRACTOR'slt%ctne\Vork. CUNTRyC'tOR'fall not be allowed an extension or the Contract Times (or, Milestones) because of any delay in performance. of the \York ptiributable to the exercise by O WN M of OWNL•Rs rights and remedies hereunder. ARTICLE 14-PAYNIENTS TO CONIRACTORA141) COJIPLETION Selredule'of Valuer. 14.1. The schedule of values established as provided in pauragraph 2:9 will serve its the basis for progress payments and w•dl' be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on' account. of Unit Prim Workwill be based on flit number of units completed- Appliaarian for Progrety Pgvi nenC 14:2, At least twenty, days before the date established for each progress paymcnt(but not more often than once.a month), CON!TRL\CTOR stall subriiii to VGNELIZ for revietwan Application fix Payment filled out andsigned by 'CONfRAG'rOR covering the Work. completed as of the date of the Application and accompanied by .such supporting dootuncntalibn as is required by the Contract Occuments. If payment is requested on the basis_ of materials and equipment riot incorporated in the Work but delivered and suitably, stored. at the site or at another location agreed to in riting the Application for payment shall also be accompanied by a bill of sale, invoice cv other documentation warranting that OWNER has received the materials and equipment free and .clear of all .Liens and evidence that the materials and equipment are covered by appropriate propertyinsurance and other arrangements to protect OWtNER:s interest therein, all of which will be satisfactory to Otb'N•ER- The amount of retainage with respect to progress payments will to as stipuiated in the Agreement. Ara• funds that are withheld by the OWNER shall not be subject to substitution by the CONTRACTOR with securities or anv arrangements involvinean escrow or custodianship. executii the a -. Ipo ication for paymdtl Fortin the. CONTRACTOR e presiv waives his right to the benefits of -Colorado Revised Slatuwe-S aiort^4-91-101, et se : C6:\7R•1CT0R'.v I wnrinty of Pitlei I4:3_ CONTRACTOR warrantsurn)-guarantees that title to all Work, materials and equipment, covered by any Application liar ,Payment, whether incorporated 'in the Project or not. will pits to OWNER no later than the time of pxayinent Eceprtd clear of all Liens. Revinv of.4pplieatibns for Pmtvety Payment. 14.4, ENGiNIEER wilL within ten toys after receipt of each Application for Payment, either indicate in writing p ElC'Uc:OENtA,1L CON'DMONS I91 V's 1199() &titian) ad CiIY-0P PORTCOLLINS MODIRC'ArIONS(KLV 1,?(Y 11 recommendation of payment and present the Appliation to. OWNER:. or return the Application to CONTRACTOR! indiu••tting in writing ENGLVEER's reasons for refusing to recormacnd.payment. In the latter cave, CONTRACTOR may make the necessary corrections. and. resubmit the Application, 'fen days .after presentation of the Application for Payment to OIVNER with ENGNMER's recerunaendatioa the amount recommended will (subject to the provisions of the last sentence of par-agriph 14.T) beciame due and when due will be paid by OWNER to CONTRACTOR 14.5. ENIGINEER's recommendation of any payment requested in art Application fer Payment will constitute -a representation by FNGINFER to OWNFR, kased*on HNG(NEER's on -site obscrvstiorts of the executed Work as an experienced rind qualified design professional and on ENIINEHR's review of the Application for Pavmcnt and the accompanying data and'schedules, that to the best of HNGINEI.'.R's knowledge; information. and belief: 14:5.1. the 'Work has progressed. to the point in(ficated. 14.5:2. the quality of the Work is _mcmlly in accordance with thc,Contmct Documents (subject to an evaluation of the Work as a lanctioning whole prior to or upon SubstantialCOMPIC1ion, to the results of any subsequent tests called for in the Contract Documents, jo a final determination of quantities and classifications for Unit Price. Work under paragraph 9.11), and to any other: qualifications stated in the recommendation),.and 14.5.31 the conditions- precedent to CONTRACTOR:s being entitled to such. payment appear to have. 'bech hiltilled insofar as " it is ENG LNU. -R's responsibility to observe the. Work. However, by recommending any such Payment FN1GtNEER tyill not thereby be deemect to have represented that: (i)exhaustive or continuous on -site inspections have been mach: to .check the quality ur lie. quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Docume_nLs or (ii) that there may'ndt be other matters of issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or, entitle OWE (ER to withhold payment to CONTRACTOR I4.6. ENGINE -ERN recommendation of any payment, including final payment. shall not mean that ENGINEER is responsible for C:ONTRACTORs means, methtdc techniques, sequences or procedures of construction. or .the srtaty predations and pra2ams incident thereto, or for any Yailure of.CONi RR\GTOR to comply with Laws and Regulations applicable to the rumithime or perfommince of Work, . or for any failitre of CONTRACTOR to perform or Furnish Work iri accordance with the C_ontntctDcnaunenuL 14.7. ENGI NEER' may refuse to recommend the whole or any part of any payment ifi in F-\1GLNEER's opinion, it would he incorrect to make the .representations to _9 I 1 I [1 1 OW'NTER referred to in ptragmph 14,5. ENGLNEE•R may �alsp refuse do recommend anv such payment...or,•lxcauseof, ubseryuentlr discovered,,cvidemc or the results of subsequent Inspections -or tests, nullity any such payment previously recommended, to such extent. its may be necessary' in ENGINPPW,; 7oliinion to protect-OWUFP, from loss because: 14.7.1. thc-Work is defectiye, or completed Work has been damaged rcyuiring correction or replacement. 14.71 .the Contract Price has been reducer! by 'WrinenAmendmentorChangeOrder., ' 14.7.3: OWNER has been required to correct. cLfec(nrz l.Vc-ak or complete Work in.accordance wfth pamuruph- l3`t'4. or 14.7.4. ENGL•NEEk has ac-foal kncwlalge of the, oecurrcmc of any of the events. cnumented in; pern_�raphs 1521 through' 15.2.4 inclusive. OWNER may refuse to make payment ordid,fullamount � eotntnettded by ENGINEER Icecattsc 14.7.5; claims have been nmda- agaimt OWNER. om aocoum ofCOV'rRACfOR'sper1fomiance,orfurnishing . of the Wark, 14.7:6. liens have been filed in connection with the Wort:, except where CONTRACTOR has delivered a specific Bond mtisf.•tctory to .OWNER to secure the satisfaction and discharge of such Licm, 1427.7. there are other items entitling OWNER to a set- off agnitist t_he nmount rmitnmendeJ, or 14.7.8. OWNER .has actual knowledge of the OCCUrrence of anvr of the events enumerated .in paragntplis 143,1 through 14,7.3 or. pungraphs 15 2.1 •through I'i"14 blclusiV6, but OWNER, must give. MO FrIZ•\C" QR aumetiate written notice (with a copy to FNCrIWR) statingthe reasons for such action and promptly arty CONTRACTOR tie amount so withheld. or unv adjustment thereto atsead to. by 0%%W t arid' I CONITRACTOI when CONTRACTOR corrects- to OWNTR's satisfaction the reasons for such.actiun Sabo'tiritial Contpledort: 14.3. When CO\711-4C'rOR.coreiders the entire Work readv !or Its intended use CONTRACTOR shall' notify OWNER and. LNGINEGR in writing that the entie Work is substantially complete (except for items- specifically listed 6Y C(YMIL-\CTOR as incomplete) and request than ENGLN-EER issue it certificate of Substantial Completion. With in it reasonable time dtefeafler, OWNER. CON71'RACTOR and ENGINEER shall make an inspection of the Work to determine the status of completicri. If ENGIrNMER do,% not consider the Work substantialh• citmpletc. ENGINEER trill ttorify CONTRACTOR in writing giving the reasons. therefor. If ENGINEER FX'UCOE�`fRU.CONUI TIi1.V 171n3 I1'l'N)EJitinrl 'tU at MY OFFORT COLLINS MOUIFIC.1'110NS!ltty.1i-000) considers the Work substantially complete, ENGLNEER will prepare and deliver to O\VNER a tentative certificate of Substantial Completion which shall. t C the date of :S5abslantial Completion. 'There. shall be attached to the certificate a tentative listof items. to be completed or corrected before.tinsIgyment, OWi`FP hallMvcsevei .days after receipt of e tcnlittive certificate during. which 'to make written oblation to ENGLNEER as to, any provisiuns of the certificate ;or attached list. If, alter cumidcermg-sucti objection: LNGLNEER concludes that the. Work is not substantially complete' 0NGCNTER wdl within fourteen days after submission of the tentative cerdfictte to OWNER. norifly Co,,\rrR.aurOR in writing, 'stating the rcasom therefor. IC 8tler considemtion of O\VNFR•s objections, ENGINEER considers the 'Work- 'sofismritially complcta F.ivrGINEER dill within slid fourteen days execute :and deliver to OWNER and CONTRACTOR- a dclinitivc certificate of Substantial Completion (within revised lcnmtive list of items to be completed or corrected) rcflccting such changes from the tentative certificate as ENGINEER believes justified after .consideration of nny objections frimi OWNER. At the time of delivery of the tentative cerailicate of Substantial Completion FNC;IDtE!Fh' will deliver .to OWNI R and CONI KAC. rOR a written remnrmendttion as to division of rciponsibililies pending final payment between OWNER and.CONERACCOR with rccpa:t'to security, operation, safety, maimenmnec, heat, utilities, insurance and warranties .and guarantees: Unless' OWNER and CONTRACTOR agree otherwise in writing anti so interim ENGINEER in writing prior to F.NCHNFER's issuing, the definitive ccrtifi�tc of Substantial Completion, ENGINEER's aforesaid recommendation will be binding cin'01VNER and CONT.Rr1CfOR until final pa tit 14.9, OWNER ;hall have the right to exclude CO?rrP_AC'rgz from the Workaler the date 'of Stilstaraail Completion but OWNER shall. allow CO; rfR_\CTOR reasonable access to complete or correct items on die tentative list - Partial UdU:•atiun: 14.IQ, Use by OWNER it OWNER'S option of any substantially completed part of the. Work which: (Q has specifically been' identified in the Contract Documents, fir (ii)OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the. Work that can be used by. OWNER' for 'its intendeid purpose without s;gnlficut. 'Interference with CONTRACTOWs performance of the remainder of d e Work: may be.: accomplished prior to Substantial Completion of all the Work subject to the fallawim:. 14.I0.1.0WNER -at any fGnc may. :request CONTRACTOR in writing to permit.OWNER' to use any suchpurlol-the'Wurk which OWNL•R.believes to be ready 'for its intctded use and substantially wraplete, IfCON'CR.\C'CCjK agrreslhat such Earn of the Work is substantially complete, COMRACTOR will certify to OWNER and ENGINEER that such Bart. of the Work is substantially complete and request ENGIT PEER to issue a certificate of Substantial Completion for that part of the Work. 1 CONTRACTOR at any time may notify OIVNER mid EIGINF. —in writingthaLCONTRACTOR considers any such part of the Work ready, for its intended use raidsubstantiallycomplete.andrequest 24GfNEMd to rove a cerdlicate of Substantial Completion for flat (dart of the Work Within a reasonable time after either such request, OWNT-R CONTIR-M—COR and GNGLNBER shall make an inspection of -that part of the Work to detcrmiine its status of completion. If �iGLNEER does nut consider that part of the Work to be substantially complete. ENGINEER will notify ONVNtiz and CONLTR:ACTOIZ in writing giving the reasons therefor. lf, ENGINFF,R considers hat p r of the Work to be substantially complete; the provisions of paragraphs 14.3 and 14.9 will apply with respect to certification of Substantial Completionof that heart of the Work and the division of responsibility in ;respect thereof and access thereto. 14.10.E No occupancy or scpamte operation of pie of the Work will be a complished prior to compliance with the requirements of prmgrtph 5.13 in respect of property imurance. Fnal Inspection: 14.11: Upon wrinen notice tom CONTRACTOR that the entire W4xk or an agreed portion hcreof is complete, LNGINC R will -rnake a linal inspection with OWN'ER and CONTRACTOR and will notify C,ONI'RACTOR-in writing of.allparticulars in which this inspection reveals that the Work is Incomplete or ikfrern,r. CONTRACTOR shall immediately take such measures as eve necessary to complete -such work or remedy xuch dcficicnoic-: .Final Applicarivn jr Payntent: 14.12., Afer CONTRACTOR has completed all such corrections to the musEction of ENGINEER and dehvaed in accordance with the Ceturaat Docinnents all. maintemanee .and operating i nstrvetionst, ,.hedules. uuarmtees, Bonds, certificates or other evidence *of insurance required by p<aray r.aph 5.4, certificate"s of inspection, .marked -up record documents (as provided in pnmgmph6.19) anti other documents. CONTIL\CTOR may mace application for Canal payment following the procedure for progress payments- The final Application for Payment shall be accompanied (except' as previously delivvcd) by: (i)all documentation called for in. he Contract Documents. including but not limited to the evidence of insurance required by subparagraph o.13. (ii) consent of the surely. if any, to Coral payment and (ifi) complete and legally effective rcleavcs or waivers (satisfactory to OWNER) of all Liens arising out of a tiled in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may banish recpiplw or releases in full and affidavit of CONgR.-\CTOR that: (i) the releases and receipts include all labor, services.. material and cquipment for which a Lien could be filed, and (ii) idl payrolls, material and -equipment bills- and other imlebudrims connected with the Work for whieh.OW'NER or OWNER property might in any way be responsible have been paid or oxhenvise satisfied_ I.fanv Suhc6mnictor or Supplier fails EK000LVF.R,1LL(?0NbIT1OMi VA a-30991 W[imt x9 CITY OF FORT MLLI NS MODIIn CA ❑ON9 (REV •1 ^, 0111n to banish .ouch a release or receipt in hill, CONTRACTOR may. rumish a Bond,or other collateral ,satisfactry to OWNER to indemnify OWMER'.against 'any Lien Ralcascs or waivers of liens and the consent of the surety to finalize payment areto be submittedon forms conforming to the format of the OWNER'S standard .,forms bound in the Project manual. Final Payment and;4cceprance: 14.11 If, on the basis of-ENGNMER's tibscrdation of the Work during comtruotion. and final irnpectian, and F, GINHEWs review of die final Application for Payment and riwompamirm documentation as required by the Conacr Documents, FNGINEF.R. is satisfied that the Workhas been aamplcted and CONTRACTOR's other obligations under the Contract. Documents have been 1-ultilled, FNGINFER will, within is days after receipt of the Coral Applicaiion for Payment, indicate in writing FNGINEBR's rceomucndation of payment and present the Application to OWNER for paymML At; the same time FNGINVERwill also give %�rnrten notice to OWNER' and (:ONI:RA(, r0R that the Work. is accepeablc subject to .the provisions of peragraph 14.15. Ohexrwise, FNGINP.ER will rcmm the Application to ( ONTRA<;TOR, indicating in writing the orisons for refusing to rccommend final payment, inwhich case CONTRACTOR shall make the necessary corrections and resubmit tree Application. Thirty days after presentation to OWNER of the .Application and accompanying documme at in appropnme form and substance and with ENGINEER's recommendation and noticeof acceptability, the amount recommended by ENGINEER will, become due and will be paid by QWNFR to CONTRACTOR subiect to reimcnph 17r; 2 of these QenenlCtxiditiixts, . 14.14. It; through no fault of CON+"CRACTOR: final completion of the Work is, significantly delived and if ENGINEER so confers, OWNER shall, upon receipt of CONTRAGTOR's final Application for Payment and recommendation of [>IGL\EER, and without terminating the Agreement, make payment of the balance duo fix that portion of the Wort: fully completed and.acccpted Il_'ahe remaining balance to be held by -O\VNFR for Work not fully completed or corrected is less than the relainage stipulated in the At reanent and if -Bonds- hive been .furnished as.reT ired in paratgraph 5.1, the written consent of the surety 10 the payment of the balance due for that portion of the Work fitly completed and accepted shall be submittal by CC1N'TRACTOR in LivGLNLER with the :application for such payment. Such pnymmt shall be made under the terms avid conditions governing final payment. except- that -it shall not constitute .a waiver of claims. Miiner u/'Cktiar( 14.15The making and acccptance of final payment will WMAiliite' 14,1M.a waiver of all,claims by OWNER itnpnst CONTRACTOR except. claims arising from unsettled L.igm; from &.1&crn!e Workappearing after 31. 1 1 1 11 I j L.J IJ fired inspeetioh pursuant to pamrgraph 14,11, from failure to comply with the Contract Documents or the .terms of tiny special guarantees specified therein or from CONTRACTOR's continuing obli dtions.,under the Contract Documents: and 14.15.2. A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled, ARTICLE 15-SUSPENSION Or WORK -UND 'rpm%IINA'floty. OIt!i%ER J1gy Suayend'Wurk: 15.1. At. any time and wi[hcu[. cause. MVNIER, may suspend the Work.or any, portion thereof for a Nriod of not more than ninety Jaysby notice in writing to CMTRACI'Ot andFNGfNEER which will fix the date. an which Work will be resumed. CONTRACTOR sfL ll resume the Work on the date so fixed. CONTRACTOR shall Fit allenwd.an adjustment in the Contract Price or an. extension of the Contact' Times, or both; directly attriliucahlc to any such suspension if CONTR.4CfOh makes an approved, claun therefor as provided in Ardeles I l rind 12. DiVNER May 17rrntirmte: 15Z Upon the occurrence of any one or more of the. following evens: if CONTRACTOR {Yrsistentlyfaiis to perform the Work in accordance with the C.oramd Documents. (including, but not (united to, failure to supply.sutricicrit skilled workers. or suitable materlaLs orequipment or failure to adhere to'the progXesv schedule established tinder paragmpli^_,9 as adjusted from, time to time pur alant.to parat?aph6.6): 15:1.2. if CONTRACTOR. disreganic Laws or Regulations of any public !tidy hag ingjutisdiction . 15.23. if COVTRAC.TOft disregards the autfiority of GNGIN=R- or 15.2.4. if CONT'RAC:TOR otherwise violates in: any substantial wa%' anp 'provisions. of the Contract Documents. O\VNER may. odor giving CONTRACTOR (and the .surety; if any) seven days' written notice and to the extent permitted by Laws and Regulatiuru,. terminate the services of CO_WRAC'TOR. exLludc CONT[ACTOR from the site and take possessionof the Work and of all C:ONMACTORCa took appliances; construction equipment and machmery.at the site and use the same to the full extent they could' be used by CONTRACTOR' (without liabilit)•• to ajvrRA_C-TOR for trespass or cvtiversibn), incorporate in the Work all materials and equipmenc.stored at the site or for which OWi ER fins paid EXVCGENEKALCONDInoW' 19tai I qw Eaimt 't= tt'/ CITY OF FORT COLLIMMIDDaQCATION5110E11d�li](Al) CC)NTR:\CTOR but which are stored elsewhere, and Finish the Work its OWNGR.may ^deem expedient In such case CONTRACTOR shall rtoL•be entitled to receive any further payment until the Woric is finished. If the unpaid balance of the Contract Price exceeds all claims, costs,_ locus and damages sustained by OWNER arising out of or resulting,Gom completing the Work such excessw•ill bed paid to C'ONTILICTOR If such claiats, acts, losses and damages exceed such unpaid balance, CONTRACTOR slmll'pay the diQixmce to OWNER.. Such claims. costs. losx_ 'sand damages inctured;by OWNER will be review•zd by fiNd2,tER as to their reasunableness and ',wher, so npproved by ENGINEER incorporate! inn Change Order. provided'4lat when exercising any righter or remedies under this. paragraph MNE:R', shrill riot herequired to obtain the lowestpricrfgr the Work perforated 15.a. Where CCINTRACTOhs services have been .so termirtioLd by OWNER- die iermination wtllmot-alrect any rights or rcmedi,� yf OWNL .. against 'CONTP.%CTOR then existing or which;muv.thereafrer accrue, Any retention or payment, of moneys due CONTPACI'OR by OWNER will not release CONTRACTOR front liability, 15.4. Upon' suvem day^ 'written notice to CO.*fTRACTOR. .and ENGINF.M. C)W1NER may, without cause and without prejudice to any other right or remedy of OWNER: elect to terminate the Aereeirent_ In such case, C01,17 RAC:TOR. shall be {raid (without duplication of any items): 15.4.1. for completed and acceptableWorkexecuted in accordance'u•ith the Contract Documents prior to Ole effective date of termination; including fair and reasoriable sums, for overhead and profit on such Work; 15.4.2, for expensessustained prior to the effective date of termination in performing, services and 6linisfung labor. m_aterialspr zquiptacnt as required by the Contract Dccumentsin'�connecdon with uncompleted.Work,:plus fair and.reasonablc sums tot overhead and pr9tit on such cy{x:n3u's', L5.43. for all darn s, costs,, losses and damages incurred in settlement ;oNerminated contracts .with Subcontractors; Suppliers and others'. and 15:4,4.. For reaslinble expenses directly. anrilxaable 'to termination. CONTRACTOR' shall not be paid onaccount of loss of anticipated proGts or revenue or other economic loss arising out orbr resulting from such terminatitm. C'ONTIl4GTOR 11z iy Stop Work or'Tcvrninaie. 15.5. IC through no act or fault of CONTR.\CTOR the Work is suspended for a ptriml of more than ninety days by OWNER or under an order of court or other public authority, or b'NGINEER fails to act on any Application for Aavment within thaty days after it is'submitted or OWNER fails for thirty days to my'CONFRACTOR any sum finally determined to be due- then C( TRACTOR mav: upon seven trays written notice to. OWNER and ENG LYEER, and provided ONi IER or E. tGiNEER do ncx remedy such suspension or failure ;tithin that, time; terminate the Aareemem and iecdver fmm MNZ ER payment on the same terms as provided in pemgmpli 15.4. Fri lieu of termimoling, the Agreement and without prejuddice to any otter oght or remedy, if LNGMER has faded to .act on an Application for Payment within thirty days after it is submitted, to OWNER has failed For thirty days to Pay CONTRACTOR any sum finally determined to. bpi clue, COATT'RACTOR may upon seven days i%nitten notice to OWNER and ENGINEER. stop the Work until payamem of .all such amounts due CONTRACTOR. mcludinu interest thereon. 'rhe provisions of this paragraph 15.5 arenot intended to preclude CQNTRA(:TOR.from making claim under Articles 1 I and 12 for anincrease in Contract Price or Contract 'Times or mhcrwi.w Tor exr nsds or damage diroctly attributable to CONTRAC,'TOR's stopping Work as permitted by this pmrigraph. \R'T.ICLE tc-msu,U'r F., RF:SOLLTnO\ If and to the CXtent tht,OWNER and CONTRACTOR' have agreed on thr method and procedure for resolving disputes Between them that may arise Under this ..Agreement, such dispute resolution mcthod and procedure, if any, shall be as set forth in -Exhibit GC -A, ".Dispute ResolutionAgreement': to be lunetted hereto and made a part hereof. if no such agreement on the method - and procedure for resolving such disputes has been .reached, .and subject to the provisions of pan gtmphc 9:10: XI I. and 9,12. OkiN R and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Doornients or by Laws or Regulations in respect of any dispute. ARTICLE 17-AUSCELLANEOGS Giving Notice: 17,1.. Whenever any provision of the: Conlmcb Documents requires the .giving of written notice; it will be •deemed -to have been—validlyy given if delivered in picrsan to the individual or to a member of the firm: ortoan officer of the corporation furwhom it is intended. or if delivered at or sent by registered or certified mail. postage prepaitL'to the last business address known to thc:giver ort e. notice,.. 17.2. Computation olMine: 17.2.1. When any period of time is referred to in the Contract Documents by ,Y,. it will be computed to exclude the first arid' include the last clay of such prricyl If the last day of any such penal falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction such clay will be omitted from the eompiumnon. EJCUC0E:NM' LC'0NUI1(0N31910311990 Eetitiml. wl CTtY Of PORT CYJLLI NS ]IOUIPICaT10N3 taL•V .L^.IXI01 17.22. A cidendar day of twenty-four hours measured from midnight to thenext midnight will constitute a tlay- , Nndee of Claint: 173. Shuuld OWNER,or CQNTRAC" TOR sifleY injtuv or damage to person or propertybecause of .any error, omission or act of the bdmer party dr of any of the. other pttrty's employees'or agents•. or others. for whose act: the other party is legally liable, clai n (vtll be made in writing to the other party within n reasonable time of the 6isa observance of such injury or damage.. The provisions of this paragraph 17.3 shall not be consnttel as a suji irrute for or n waiver of the provisions of any.'applica_ hle sLitute of limimticns or repose.Cumulnrtve Reirnedies. 17:1. The duties and obligations imposed by these General Conditions and the rivhrs•and remedi.L available hereunder to .the panics hereto, and in particular but without limimtion, the warranties. guarantees and ubligations impose! upon CONT ICACT'OR by pgragrapts6.12;6.1.6,6.30,6.31,632; 13.1, 13.f2.131-1, 14.3 and 15.2 and all of the rights and remedies ivaiLnhlc to MW iR and ENIGIATEER. ttercmtds, are in addition to, and are not to tx. construed in any as a limitation of, any rights and remedies available to any or all of them which are odwrwlse imposed or available by Laws. or Regulations by special warranty or guarantee or by other provisions of the Contract Docui menns, and the provisions of this pamgmp h will be as- edtcctive as if repeated specifically in the Contract.Dcgmmetts in connection witti each particular duty; obligation, right and remedy to which trey apply. Profesa'iorral feev andCourr ComInclui&,& 17.5, Whenever reference is made to "claim& costs, losses and damage, it shn11 Include in each case, but. not be tmitted to, all fees and charges of engineers; architees, .attorneys and other professionals and all -court or arbitration or other dispute. resolution costs. 17.6. The laws. 4C Uit $,utz or Colxmdo apply eo_rhis. Agrrcemcnt .Reference to. Uvo N ine_m Colorglo statutes are is follows 17.5.1. Colorado Revi-ed tauter iCRS .8-LLIOlj recwire,thai Colorado labor be enioloved toperfomt the, Work to .the extent of rxx less than SO percent (S(Y a) of each lv x[_ar class or labor in the several etassitIUMiuns of skilled and common labor employed on the oroiccC Colorado Labor means any person who is a bona tide resident of the State. of Colorado tit the lime of employarmen without dlixrirmmirmtion as to race, color. creed. titre; religion or sec 17.6.2. If a claim is Filed OWNER is 15'Quueil by late (CRS 3S-26-1071.to withhold(ruinall pavmcrts to CONTR--ACTOR sufficient funds to insure . the payment of all claims for labor. materials, team hire, sustenance. provisions, provender. or other supplies used or consumed by t:.ON'I'RA(TOR or .his 33 I J 1 l 1 1 1 1 1 1 IL 1 i 1 1 1 E1CUC OE7%ERN. COINDI ROM If)[ US (Ig99Edidw t 1 .14 %v/C11YOF.FORT COLLI N9hIODII'ICA'IIONS (ItEV1,400II' L J (This pag- left Mink inwntional le.) eJCDC UENERd1. CGNvI-Ro,% t91 V.% 0 999 Edtiml. 33 WI CT(Y OP FORT C'OLLI N5.\IOUIIIC'.LTIV uS llLfiV ,L^.OIIII I I 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 ' 7.2.6Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as. follows: n/a 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 ' Section 00520 Page 4 I 11 1 1 1] H EICOC OENERAL'CONOIT0.1M 1911M I094 E(b6di u'/C7IYOF FOILT COLLI NS MOOIFICA'fIONS(REWI/711A11 EXHTBIT'GC-A 'to Ceneral Conditions - of the. Construction Contract Between OWNER and CONTRACTOR DISPLTE RESOLLMON ACREEMEtYT OWITLR: and CONTRA(ffOR hereby aged that Article 16 of the General Conditions of the Construction Contract between OWNER and C01,11,RACIOP, is amended to include the following agreement of the parties: 16.1. All claims,diputcs_ and other matters in question between OWNER and.LONfRACCO2 arising Out of or relating to the Contract f]ocumcnis or the breach thereof (except for claims which have been nvaived by the making or acceptance of final ptaytnent as provided It _paragraph 14.15) will be :dccidcd by arbitration in accordance with the Construction lnclustry. Arbitration Rules of the American Arbitration Ascnciation then obtaining. subject to the limitations of the Article 16. 'rhis agreement so to arbitrate and any other agreeent or consent to arbitrate entered into -in accutdruhce herewith ins provided in this Article 16 will be spcciticnlly en6xcenb1c 'under the prevailing lateof any court havingjurisdictien. 16.2: No demand for arbitration ofany claim, dispute or other matter that is required to be refemd to DIGIaELR initially, for decision in uccordance with paragraph 9:11-will fie made until the earlier of (a) the date on which EIdGLVER.R. has. rendcred a written decision or (h) the thirty-first day after the parties have presented their evidence to CNIGENCER if a written decision has not been rendered by LNGINEPR before that elate. No demand for ,,arbitration of any such claim; dispute or other matter will be made later than thirty days after the date on which F.NGINTF.R. has rendered a written decision in respect thereof in accordance with paragraph 9.1 I; and the failure to demand: arbitration within said thirty, clays Fcriod will result in LNGrv-ll's decision Icingfinal and binding upon OWNER and CONTRACTOR- If LNG[NIT_R renders a decision after arbiirutiun proceedings have been initiawd such decision may be entered as evidence but will not su rs do the arbitration proceedings, except where the decision is acceptable to the littrties concerned. No demand for arbitration of any •wi-kcri decision of ENGINEER rendered in accordance with parauaph 9.10'will be made later than ten days after the parry malting 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 tiled in writing with the other party to the Agreement and with the Anicriet n :Arbitration AssociutiOm fund a cupy will be sent to ENGLN6ER for information- The demand for arbitration will be made within the thirty-duy or ten�lav, period sFcciEcd in paragraph. 16.2 its applicable, and in all other cases within a reasonable time alter the claim, dispute or.onatter ther in cltaestion has arisen, and in no event shall my such demand be made after the date when institution of legal or equitable proceedings based on such cluirri, dispute or other matter in question would b barred by the ❑pplicablc statute of lunitations, U(:I CGENER:LL CONDITIONS 1910311 990E6Iimn ow CITY OF FORT COLLINS MODIFICATIONS (RFV 9,99) 16.4, Excepr as provided in Uaragaph 16.5 below, no arbitration arising. out of Or relating to the Contract Documents shall include by consolidation. joinder or in. any other manner any Other -person or entity (including Fa'GNEEfi. ENO hNrEEFs Consultant and the. Officers. directurs,, agents, employers or consultants of rmv of them) who,is not it 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 thearbiumd9n, and 16.4.2.. such other parson, or entity is substannnlly involved in a question of law or fact which is common to thos; who are already parties to- die arbitration and' which will,arisc insoch'pfocecdings, and 16.4.3. the written eensftt of the other person ur entity sought to be includedand of OWNER and CONTRACTOR has been obtained for such inclusion;. which curuent shall mule specific reference to this Pi1mgnmph-, but no such consent shall constitute consent, to arbitration of any dispute not specifically d::scribcd in such consent or to arbitration with any tatty not spcciti�cally identified insuch consent. 16.5= Notwithstanding paragraph 16.4. if a claim,. dispute or other matter in question between OWNLRand CONTRACTOR involves the Work of a SuNonuactbr. either OWNFiR or C.ON"rRACTOR may join such Suhcontractor as a parry to tha arhitraticn between OWNER aria CONTRACTOR hereunder. CONfRACIOR shall include in all subcos required quired by patagraph 6.1t a s. ccilic provision, whereby, the, Subcontractor conscrim to being. joined •in' an arbitration between OWNE..R. and CONTRACTOR invol"in his pthe Wor? of such, Sutv:onuacuir. Nnthing.intrrragm ph. 16.5 nor in the provision of such subcontract consentingr to jointer shall create any claim, right of cause of action in Gavor of Subcontractor mad against OWNER. ENGINEER or 0.%!GLNLTR•sConsultnrtts,that does riot olierwisee ist- 16.6_ :fire award rendered by the arbitrators, will be Final, judgmentmay be entered upon it many court havins jurisdiction thermf,. and' it will not be subject to - modification or appeal. f6.7-. OWNER and COrrfR\CTOR agree that they shall foist submit any. and all unsettled claims, counterclaims, disputes and other matters in question between diem arising out of -or relating to the Contract Ihxuments or the,breuch thereof ( disputes,). to mediatton by the American Arbitration. Asscht:iation tinder the Constriction Industry Mediation Rules *of the American Arbitration Association.Fp for to either of them initiating :against the, other a demand for arbitration pursuant to par miphs 163 through 16.6. unims delay in initiatiL, arbitration would irrevocably prejudice one of the parties. The respective thirty arid ten day time lmtits within which to File a demand frr,arbitnaion as.provide.d in peragmphs 16.2 find 16.3 above shall be suspended with respect to a dispute submitted; to mediation within those same applicable time [units and shall. remain suspended until ten day; after the termination of the mediation The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise; aereed. OC-A I I 1 1 1 1 1 i 1 1 1 1 1 i 1 1 F1(;DC OENP.R AI, !'ONDITI04S rn o-9'(too 6cGliaq f IC'-1t � OF FO[LT C(:ILLIN*S MODIFICATIO2JS I;.U1Y 9%91) 1 SE 1 I 1 SECTION 00800 ' SUPPLEMENTARY CONDITIONS I Fi I 1 I I ,_ ' 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/$50.0,000 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. ' 5.4.6The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9This policy will include completed operations coverage/product ' liability coverage with limits of $1,000,000 combined single limits (CSL). 1 1 1 Ill J IRev 10/20/07 Section 00800 Page 1 d SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950Contract Change Order 00960Application for Payment Rev 10/20/07 [1 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Hot -In -Place Recycling Project CONTRACTOR: PROJECT NUMBER: 6077 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 o 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: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer Purchasing Rev 10/20/07 DATE: DATE: DATE: DATE: Section 00950 Page 1 a a Q A 3 j §$)k/ < — — CO CO_ 0zz2 =z—== zgo z ze-w /)/25 )(2*§\ �0 \~� } \ ) & . \ \ 0 s Of \ . e z ƒ \ — 0 ° k ( � ( §C) ) 2 \z \ %)�§ CL ;3 \ _ \< /< CL \ k \ 2j<M \ \ 2 / �0 £& *:®[ j .�� @ �( 00 3 2�} ou \\�) ° be ) )& J \) )) m )® \ ° . 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HT va 69 fA 69 vT vT EA 69 69 VT vi EFT v3 69 69 69 vi EA 69 vT v3 6) vT EFT vT vT vT vT vJ EA EA VT VT CL H w H N, � � U 0 L N U) F- a 0000000000000000000000000000000oOo 3oO0000000O000000000000000000000.000 E'k` 60v 60v e' e' 6q ul 6q` 6 �`� ON- ����� ON o»- 60s �60v 60s 60v 60v 60s bOA b0960v� a� Q Y O_ �0�o c7 0000000000000o00oo000000000OO00000 000000000000000000OooO000000000000 ooCi0000CiCiCi000CiooC)C c)Ci0000Ci000CiCi00000 70 EG'6'0'E»Enva6'"vTEFTVT696969E»v)EA 69 vT E» vT VT VT VT ea E» E» 63 E»EFT EFT EFT 69 vT O N Q U- noa z i E 5.2 0��.UCl. `n0. a Q Z U W 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 0 0 0 0 0 0 0 0 o000000000000000000O000000000000000 0000000000000000000000000OOO0000000 � Q F= vT fA EA fA fF) fF) fA vT fA fA 64 E» vT vT 69 vT fA 64 EA fA vT vT fFJ fA 69 69 vT EA UT vT vT vT vT vT Qa m E N �UfL 0-� 0 �00a0000000000000000O00000000000000 m0000000000000000000000000oO0000000 . . . . . . . . . . . . . . . . 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 0 0 0 0 0 0 0 0 0 v> vT EA VT VT 69 bH 69 b9 vT vT v> ec 6 vT 69 bR VT EFT 69 69 vT v3 69 vT 69 69 vi vT VT EA VT VT VT Q a� '= U Da N c z T Z 2) O m Q O U C U � 0 Q � _ J z N < O m 0 U F- a� rfl � Z W v bl ro a4 0 m 0 0 C 0 U N U) 2 LL 0 (1) a - m co w a 0 0 0 0 0 0 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 (1) 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 0 0 0 0 0 0 0 0 0 0 0 0 0 d< 0` v3f»f»s�sae»e»e»e»ear»eae»e»v>v>v>e»e»tr3e»sae»e»e»e»e»eae»e»e»e»eAe» V Fo-LLIF-0 a) a) m o O 76 L N in :E a �00000000000000000000000000000000000 �000000000a0000000000000000000000000 . . 000000000000000o00000000000000000000 te) E e»e»e»e»e»sasae»e»�sAeAeAe»t»FAe»rtrf»v>etiv��sru�e»f»e»F»�»e�e»E»E» est of a ¢ a) Y C' E a) Lz FO-- om 0 � —OO000000000000000000000000000000000 ¢ o00000000000000000o000000000000000oo IL 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 0 0 0 0 C)* 0 0 0 0 0 of e»e»sae»vfeae»sae»eAe»eAes>u�e»v u»6' e»e»e»et, 6-s6ve»e»er)v)es»v,e»sae»e»sa a)N ¢ a) C N d O -0 Z Y > 2 030 a) Ua a 0 U-0 000CD0000000000000000000000000000000 J U C O O C) O O O 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 a 0 O OOOOOOOOO C)C) C Cio 0000000000000000000 0 0 d E &-I&-I f»<ne»e»e�6c e6c e»e»e»v>v Qvlu' e»vfe»e»e»v�eae»ulv6q v�eaeaeae»e�eA ¢ E ¢ 0 U L O o _ 3: C) CD 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 0 0 0 0 0 f5CiCCoCi000oo00000000000000000000000000 000000000000000000000000000000000000 0 v3,U elbl e»ulU»l erse»ec3ull u Iune»f»a»svel eU3V enr»e»Q: eV e»e»sveaeasve»sa a) '= V C � rn 0 x D w a O U) C ca J w Z F¢ =O o C U w O U J W Z C U ¢� = a) 0 w U 0 F— d a) E m Z 1 1 1 I I I n 1 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, t 1 successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. Section 00520 Page 5 0 0 00000 C1C100000000000. C C1Coo000000 Ct 00 0000000000000000000O000000000000o y� 0000000000000000000000000o00ooaoo LLc O� g ITC _@_ W N U < Ccl N <CI- C) 0 0 0 e» m � N N 0 0 0 a a ro o U ,N 'C O L U7 0 0 0 J C Q O N O LL O U H = > Q CCX g}Oa¢ o� w< O� U)U) c O U N N N N � U s J O E C z N s E E aD =3 =Z IZV 2011 HOT -IN -PLACE RECYCLING PROJECT GENERAL REQUIREMENTS INDEX SECTION 01010 Summary of Work 01040 Coordination 01310 Construction Schedules O1410 Testing O1510 Temporary Utilities O1560 Temporary Controls O1700 Contract Closeout O1800 Method of Measurement and Basis of Payment PAGE NUMBERS General Reqs 1-3 General Reqs 4-5 General Reqs 6-7 General Reqs 8-9 General Reqs 10 General Reqs l l General Reqs 12 General Reqs l3 I t I 1 I I 1 SECTION 01010 SUMMARY OF WORK 1.1 DESCRIPTION OF WORK A. This work shall consist of rehabilitating the existing surface layer of existing asphalt pavement with specially designed equipment in a simultaneous multi step process of heating, scarifying, applying an asphalt rejuvenating agent, and thoroughly re -mixing and re -shaping the old asphalt surface, and then placing an overlay of new hot mix bituminous pavement. A single machine that heats, scarifies, recycles, and spreads virgin material all in one continuous pass shall be used. This work shall be performed on designated streets in the City Fort Collins as described in Section 02500, Quantity Estimate and Section 03500, Project Maps. B. Protection and Restoration. 1. Replace to equal or better conditions all items removed and replaced or damaged during construction. Restore all areas disturbed to match surrounding surface conditions. Also see tree protection standards. C. Construction Hours 1. Construction hours, except for emergencies, shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, unless otherwise authorized in writing by the Engineer. After hour equipment operation shall be in accordance with Section 1560. 2. Any work performed by the Contractor outside of the construction hours, whether or not authorized by the Engineer, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover the Owner's costs in providing field engineering and/or inspection services because of such work. The cost for Field engineering and inspection shall be $50.00 per hour. 1.2 NOTICES TO PRIVATE OWNERS AND AUTHORITIES A. Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when prosecution of the Work may affect them. B. Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary to temporarily deny access or services. C. Contact utilities at least 48 hours prior excavating near underground utilities. D. Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of work schedule and any items which would affect their daily operation. E. Darrin Moritz and/or Kathleen Maddux will be the Program Manager/Project Manager. Darrin Moritz 970-221-6615 (off) 970-556-1495 (cell) Kathleen Maddux 970-221-6615 (off) 970-222-8781 (cell) F. Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's convenience. General Requirements - Page 2 of l3 SECTION 01010 SUNINIARY OF WORK UTILITIES Water: City of Fort Collins, Colorado 970-221-6700, Meter Shop 970-221-6759 Storm Sewer: City of Fort Collins, Colorado 970-221-6539 Sanitary Sewer: City of Fort Collins, Colorado 970-221-6681 Electrical: City of Fort Collins, Colorado 970-482-5922,970-221-8553 Gas: Xcel Energy Emergency 1-800-895-2999 Local Contact: Pat Kreager 970.566.4416 Telephone: UNCC/ 1-800-922-1987 Local Contact: Debbie Kautz 970.689.0635 Traffic Operations: City of Ft. Collins, Colorado 970-221-6630 Cable Television: Comcast 970-493-7400 *Utility Locates Under One -call System 1-800-922-1987 AGENCIES Safety: Occupational Safety and Health Administration (OSHA): 844-3061 Fire: Poudre Fire Authority Non-Emergency:970-221-6581 Emergency: 911 Police: City of Fort Collins Police Department Non -Emergency: 970-221-6540 Emergency: 9l 1 Postmaster: US Postal Service: 225-4111 END OF SECTION Page 3 of 13 Larimer County Sheriffs Department: Non- Emergency: 970-221-7177 Ambulance: Poudre Valley Hospital Non -Emergency: 970-484-1227 Emergency: 911 Transportation: Transfort:970-221-6620 Traffic Engineering:970-221-6630 H 1 I 1 I SECTION 01040 COORDINATION 1.1 GENERAL CONTRACTOR RESPONSIBILITIES A. Coordinate operations under contract in a manner which will facilitate progress of the Work. The Contractor shall also coordinate with the Landscape Contractor whose Work is separate from the General Contractors contract. B. Conform to the requirements of public utilities and concerned public agencies in respect to the timing and manner of performance of operations which affect the service of such utilities, agencies, or public safety. C. Coordinate operations under the contract with utility work to allow for efficient completion of the Work. D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods to provide satisfactory access at all times and keep them informed at all times. 1.2 CONFERENCES A. A Pre -construction Conference will be held prior to the start of construction. 1. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic Control Supervisor assigned to the project. 2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to project. J. The Engineer shall invite all utility companies involved. 4. The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated schedules. 5. The Engineer shall introduce the project Representatives. B. Additional project coordination conferences will be held prior to start of construction for coordination of the Work, refining project schedules, and utility coordination. C. Engineer may hold coordination conferences to be attended by all involved when Contractor's operations affects, or is affected by, the work of others. 1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the Engineer. LJ PROGRESS MEETINGS A. Contractor and Engineer's Project Representatives shall schedule and hold regular progress meetings at least weekly and at other times as requested by the Engineer or required by the progress of the Work. B. Attendance shall include: 1. Contractor and Superintendent. 2. Owner's Representatives. I Engineer and Resident Project Representative. 4. Traffic Control Supervisor 5. Others as may be requested by Contractor, Engineer or Owner. General Requirements - Page 4 of 13 I SECTION OI040 COORDINATION C. Minimum agenda shall include: 1. Review of work progress since last meeting. 2. Identification and discussion of problems affecting progress. 3. Review of any pending change orders. 4. Revision of Construction Schedule as appropriate. D. The Engineer and Contractor shall agree to weekly quantities at the progress meetings. The weekly quantity sheets shall be signed by both parties. These quantity sheets, when signed, shall be Final and shall be the basis for the monthly progress estimates. This process ensures accurate monthly project pay estimates. END OF SECTION General Requirements - Page 5 of 13 SECTION 01310 CONSTRUCTION SCHEDULES 1.1 GENERAL A. The contractor shall prepare a detailed schedule of all construction operations, showing start and end dates. This ' schedule will show how the contractor intends to meet the milestones set forth. 1. No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of delivery of equipment and materials. 1.2 FORMAT AND SUBMISSIONS A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual ' progress. B. Submit two copies of each schedule to Owner for review. ' 1. Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work with the needs of Owner or others. ' C. The schedule must show how the street, landscaping and various utility work will be coordinated. 1.3 CONTENT A. Construction Progress Schedule. L Show the complete work sequence of construction by activity and location. 2. Show changes to traffic control. ' 3. Show project milestones B. Report of delivery of equipment and materials. ' 1. Show delivery status of critical and major items of equipment and materials. 2. Include a schedule which includes the critical path for Shop Drawings, tests, and other submittal requirements for equipment and materials, reference Section 01340. 1.4 PROGRESS REVISIONS A. Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when requested by Owner or Engineer, and with each application for progress payment. B. Show changes occurring since previous submission. ' 1. Actual progress of each item to date. 2. Revised projections of progress and completion. C. Provide a narrative report as needed to define: 1. Anticipated problems, recommended actions, and their effects on the schedule. 2. The effect of changes on schedules of others. 0 ' General Requirements - Page 6 of 13 I SECTION 01310 CONSTRUCTION SCHEDULES Ld OWNER'S RESPONSIBILITY ' A. Owner's review is only for the purpose of checking conformity with the.Contract Documents and assisting Contractor in coordinating the Work with the needs of the Project. , B. It is not to be construed as relieving Contractor from any responsibility to determine the means, methods-, techniques, sequences and procedures of construction as provided in the General Conditions. ' END OF SECTION 1 [l Page 7 of 13 1 ' SECTION 01410 TESTING ' 1.1 GENERAL A. Provide such equipment and facilities as the Engineer may require for conducting field tests and for collecting and forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have been made and the materials or equipment are found to be acceptable. Any product which becomes unfit for use after approval hereof, shall not be incorporated into the work. ' B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Fumish the required samples without charge and give sufficient notice of the placing of orders to permit the testing. Products may be sampled either prior to shipment or after being received at the site of the work. C. Tests shall be made by an accredited testing laboratory selected by the Owner. Except as otherwise provided, sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM). ' D. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such information is included under the applicable sections of the Specifications. Any modification of, or elaboration on, ' these test procedures which may be included for specific materials under their respective sections in the Specifications shall take precedence over these procedures. 1.2 OWNER'S RESPONSIBILITIES A. Owner shall be responsible for and shall pay all costs in connection with testing for the following: 1. Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner. ' 1.3 CONTRACTOR'S RESPONSIBILITIES A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible ' for and shall pay all costs in connection with testing required for the following: 1. All performance and field testing specifically called for by the specifications. 2. All retesting for Work or materials found defective or unsatisfactory, including tests covered under 1.2 above. 3. All minimum call out charges or stand by time charges from the tester due to the Contractor's failure to pave, pour, or fill on schedule for any reason except by action of the Engineer. ' B. Contractor shall notify the Project Engineer 48 hours prior to performing an operation that would require testing. 1.4 CONTRACTOR'S QUALITY CONTROL SYSTEM ' A. General: The Contractor shall establish a quality control system to perform sufficient inspection and tests of all items of Work, including that of his subcontractors, to ensure conformance to the functional performance of this project. This control shall be established for all construction except where the Contract Documents provide for specific ' compliance tests by testing laboratories or engineers employed by the Owner. The Contractor=s control system shall specifically include all testing required by the various sections of these Specifications. B. Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of the ' Work. The Superintendent shall have adequate experience to perform the duties of Superintendent. General Requirements - Page 8 of 13 SECTION OMO TESTING C. Contractor's quality control system is the means by which he assures himself that his construction complies with the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and should be keyed to the proposed construction schedule. D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions received from the Engineer and actions taken as a result of those instructions. These records shall include evidence that the required inspections or tests have been performed (including type and number of inspections or test, nature of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken. Documented inspections and tests as required by each section of the Specifications. Provide copies to Engineer daily. END OF SECTION Page 9 of 13