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493362 ART GUILD INC - CONTRACT - RFP - 7184 DISCOVERY MUSEUM EXHIBIT FABRICATION (4)
t BID INFORMATION CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages 00300 Bid Form 00300-1 - 00300-3 00430 Schedule of Major Subcontractors 00430-1 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 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 00660-1 00670 Application for Exemption Certificate 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 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS 1 t H I 1 I SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 25`h day of October in the year of 2011 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Art Guild Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 7184 Discovery Museum Exhibit Fabrication, the fabrication and installation of the Zone 11 Exhibits, as detailed by the drawings and descriptions, for the Discovery Museum at 408 Mason Court, and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by Gyroscope, 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 Three Hundred Twenty -Nine (329) 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 in r legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and 1 a 0° 000000a00000000a00o000000ono0000 «c0o0000o00o0000000000000000o00000 0E12M0000000000000000000000000000000c v HLL U us6Aenv9,v►vseaviv►v>v4v3,t»v1tsv»t»env 6%6F, AtAv►v»v»vivsv9,v3,v»v► 0 0 o (n v ) c L 0 �~ a Z o a w� E 0 Q U0FO a LL 0 00 o n •> Qom' o `'a.. 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U- w O J6 6�~ZN - 6 mow'o ¢ it W Z O LL W fp a4 O U tii J J W U 3 r, .o-z J.PIL" w s w N Y 0 W y g U a m o W o O ZW a� W 0 e O U W J J w a 3H M J 1 1 1 1 1 Ci F 1 1 1 11 1 i i 1 1 1 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 Hundred Dollars ($100.00) for each calendar day or fraction thereof that expires after the Three Hundred Twenty -Nine (329) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Zero Dollars ($0.00) for each calendar day or fraction thereof that expires after the Thirty (30) calendar day period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. ARTICLE 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: Two Hundred Seventy Thousand One Hundred Sixty -Nine Dollars ($270,169), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If , in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work 1 1 r r . W s o s; a :: E OCr"010:)'SNMO:)iaoa wn3snw Xb3nODSl(3 SNIIIO:) INOA u �o �- *— . 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Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or 1 OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 1 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 1 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 1 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 1 and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 1 ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between 1 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 1 items as are referenced in this Article 7, all of which are incorporated herein by this reference. 1 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 1 following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 1 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 1 i I I I 1 1j a 00"OlOD'SNIMOD "OA m O wn3snw AN3no:)slaLO e% T LL SJ SW€ qqUm 63 ~j �� 26 O� Oz Ow gZ _LLic�Uw <wU OLL j <WW yy O wz .u-z a� w ¢g ¢z 3 LL U ir 0 �I yN fib-� Z � w g Y a a o = y a w o a w > 4$ >Q 1w-i U H a � _ y Z Q Z J W . W LL p o m A w{yy ¢ 8 6WWy0 rVJ¢ 6 W yym� O w ¢�<m Vim wz U H Z ¢ 6 Z m LL 6 y t<i �U W J H ywj � y N ¢ N �r o0 R rg `r �u Z W o r r�r cri p wx a � I � t3! Z_ Wz mg OCVVOiO:)'SNmO:) INOA O s wn3snw Ab3nODsla m yCD ° € SNIIIOD BdOA Nm,� U K W O xO O z v K w �Q a= W N Q N w F QU 6 W F 2 O YI W y a z F U r 2 U a a I w Q Q i =a t� iu / ¢N ui Q a UIl(/ W w N H N w 2 ni mS W ap aw< wUU w]_ UH F ZH w1 wo Xw WO U7- U mU QO wi U 2N w U0 �I a w e o = a s u OavaOiO: srvmO� IM04 wn3snw Ab3noDsl(I SNIIIO:) "04 _ m y O r T m �W ON LL O N W 3�H Q aH i Zl ]X p 2< 0 O 3 0 m 5 09 Oo wU N a� CU N xM Q W O Q Z V Z O W W a J K (A 4 WWQ W K rn z� .8 C is �c z a vWim .rz vwi� wy in cn i .M t . .Z 9 b� q..l O j f O 6 0 n \ 0 N b 0 w a W � > > O a w UILF a o ug§ i34 �4 a. U'L`+ Z ' (7 9-.t .9 3 .. .z (9 C 37 yh .rz mw r W tWil w � � N € a: E 00"010:)'SNITO:)1110A wn3snw�a3noDsla SNIIIO:) DIOJCC e use Q } 0 ~ m 4— a`� Q W C m x z z a ¢ 2 - - z O :- Z W J m wz 00 wz NO U NN SLL H LL pO) 1 Z x Z zpm J W a WWWm a x wW w [ � aye Aarg eft �§ U � w4 , z` w� J a J K N 6 OWF ¢ 00 d� w0 p p� W '- 03 uS xa HO pLL w NW p p¢ 5m �ti Ox ¢ wax rx 00 �Or Om `�H (� OW �'x Ux p2 �m ¢ xYZ QQ w¢ 3iw NJ wo w <p H < pLL Ww -gm w< Qp W2 x M. xw ZW Nj SW OR 3�O Fx<w� xZ < OW wax wT0 wax r wd RLLO I .OWx O LL G �mOmr OxZ-Hzap oo3 W3x W m Az m�a ¢ w a 3 }(} w 1I 7JI L L x x r 32 O w ww ¢ 1zY Uw W� xLL \(\ p /SLL� ¢ y¢ / Q F uw W <M1 (A m f W 7 F- U J 2 z we oL W J a: w P.L C w e oD'sN oa"oimo� iaoa O we wn3snw Ab3nODSIG y a; m co ' T wj m J�U QW 20 F m 7 ? mrj C�' mU tYWmO1w WC 7j JAY m< `! x 8 0 � o v s 'm 3 - 8 � n 1 m S 3 n 4s k �' 1��11 u� Y9 �n'bmx e Ji � �mE mqi 2JJfN W `ma � 3 5� PAL Q`I Y P� 9 s(y, 5 v93Nr a. mE aaB� ¢�9 � $im �maaaa nE �'as Tgm �cnnima ') U e (9 Z J LL m 0 � z w= m �mVti ESN 6 m OUw� ILL0 m 2022Ww60 maN Z 5Eu mU0 JUOw r�m MQR p�m5 QQ m mW '02 VWJ Y> i <¢w<W iw2QQ FZi 2m 2 W2W20 �wU� m SOd<6 um22 d 1 a 1 din.9-3 .a -A e g 00"010:)'srvmo:) "04 y m T . = a wn3snw Ab3AODSla SNIllO� 1b0d LLmn *= UfA 0 N w m a �F N w pp y� w w p¢ ¢ ¢3 � mp p Iw p V J N2 W ws O Q w S ww 6 U < ww ap Z O Up2 pm FOLL ¢ LL 3p ¢ w i pmi w0 iw ¢ w za p F V1N < 2 p Zw UN W pY 3�. FI j 6¢ UJU 2S w U W wU m p ppc<i p"' 3sm 6 ppJ ¢U J f W O W K H U� U' ^ Z iiai J < LL N U Z_ ¢ LL w p W p p W N W w a Y LL o a d o R Y m U 8 Q j I p ¢ow g g w U po z 3 ¢< z F Qip 2 Up <N U uuo utLL <O a \\y J P O f ry UW N Z h N I Scope Exclusions General: ' It has been agreed by all Parties that AGI will detail suggested connection details for supplied elements. These details will be reviewed and approved by the client and their design/engineering team prior to AGI starting the fabrication process of any element. ' Any and all power and data connections required at any and all locations are to be provided, tested and approved by the client prior to any element being installed. Any and all Artifacts are to be provided by the client and the client team unless it has been agreed by AGI in writing prior to any and all fabrication starting. ' Any and all Graphic files required throughout the Museum are to be provided by the client. Any and all consumables (defined as items requiring frequent replacement and not a permanent part of ' any exhibit component, examples: paper, writing implements, fluids, toys, loose off- the- shelf parts) throughout the AGI scope of works are to be provided by the client. ' Any and all touch screen monitors and or plasma/LCD displays are to be provided by the client unless previously agreed to in writing by AGI prior to fabrication commencing. 1 Any and All Way finding signage is to be provided by the client unless previously agreed to in writing by AGI prior to fabrication commencing. Any and all additional backing in any surface that allows for a secure connection to the facility are to be provided by the client unless it has been agreed by AGI in writing prior to any and all fabrication starting. tAny and all Show and or facility lighting unless previously agreed to in writing by AGI. Prototyping excluded, unless previously agree to in writing by AGI. All Monitor bezels throughout the project have been priced as being constructed from mild steel with a powder coat finish. 1.0 MUSIC & SOUND a1.1 Engineering -preparation and submittal of structural drawings to any and all entities that may have jurisdiction over such elements in the Fort Collins Area. 1.2 AGI has no scope of work here other than coordinating the installation with and around AGI scope of works in this area. 1.3 AGI has no scope of work here other than coordinating the installation with and around AGI scope of works in this area. I 1.4 AGI has no scope of work here other than coordinating the installation with and around AGI scope of works in this area. 1.5 Fabrication details/design, engineering... etc of Any and all Drywall elements, services that maybe required in, on or around this element/building, establishing the occupancy and or the posting of it, fire life safety systems, HVAC systems, acoustical review/calculations/reviews, facility lighting, additional wall backing, floor finishes, base molding throughout, artifacts 1.6 HP Touch Screen , Artifacts-Talkaphone Horn Acquisition 1.7 None 1.8 None 1.9 None 1.10 None 1.11 Media content, low level wall and floor lighting, media cart, additional media for the Reactable beyond what is part of the standard package that has been purchased from the vendor based on information contained in the RFP. 1.12 None 1.13 Artifacts, artifacts mounting system that attaches to the artifact it self 1.14 None 1.15 None 1.16 None 1.17 None 1.18 Build A Horn Interactive, Blow A Horn Interactive, Change the Pitch Interactive -all facets of these element are beyond AGI scope except for the graphics associated with this element. 1.19 Power for G1.19.2 graphic 1.20 Fabrication details/design, engineering... etc of Any and all Drywall elements, services that maybe required in, on or around this element/building, establishing the occupancy and or the posting of it, fire life safety systems, HVAC systems, acoustical review/calculations/reviews, facility lighting, additional wall backing, floor finishes, base molding throughout, artifacts, media, Work Station, Equipment Racks, Recording Closet, Work Station Media, Musical Instruments, Roll -Up Door, Acoustic Glass Doors (2), Overall Structure With Insulation, Pocket Door, Locking Glass French Doors (2), Equipment acquisition or prep, mounting, 1.21 AGI has no scope of work here other than coordinating the installation with and around AGI. scope of works in this area. 1.22 AGI has no scope of work here other than coordinating the installation with and around AGI scope of works in this area, and three Graphics-G1.22.1-G1.22.2-G1.22.3 1.23 Two Sonic chairs with any and all required attachments, carpet, Media Sounds Data base, Artifacts, Media, Records Covers 1.24 Any and all Media for this element/display is to be provided by the Client, Artifacts and Artifact mounting, HP touch screens and any and all associated wiring/services required to run these items and or integrate them into any and all control systems that the client is providing( AGI do not provide control system as part of their scope of works) I 1 1.25 HP touch screens and any and all associated wiring/services required to run these items and or integrate them into any and all control systems that the client is providing( AGI do not provide control system as part of their scope of works) 1.26 HP touch screens and any and all associated wiring/services required to run these items and or integrate them into any and all control systems that the client is providing( AGI do not provide control system as part of their scope of works), , Artifacts and Artifact mounting ' 1.27 Rubbish bin/Trash Can and any and all consumable components e.g. straws that for a part of this exhibit. 1.28 None ' 1.29 This element is to be provided by the client-AGI will install the elements provided in the condition as they are provided (as -is). AGI will not make any repairs to this element nor will it be responsible for wiring and or any other electrical works associated with this element. ' 1.30 AGI is not responsible for providing the Bass Fiddle. 10.0 SCHATZ SCIENCE EXPERIENCE 10.1 Artifacts ' 10.2 Fabrication details/design, engineering... etc of Any and all Drywall elements, services that maybe required in, on or around this element/building, establishing the occupancy and or the posting of it, fire life safety systems, HVAC systems, acoustical review/calculations/reviews, facility lighting, additional ' wall backing, floor finishes, base molding throughout, A/V locking closet for 10.4 equipment 10.3 None 10.4 Media is by the client -this may be in the form of a client built interactive from Snibbe this, will all tneed to be integrated by the client team, HP Equipment [computers and the like] and any and all associated wiring/services required to run these items and or integrate them into any and all control ' systems that the client is providing (AGI is not provide control system as part of their scope of works), content management system, additional Snibbe equipment required to make the element work 10.5 Artifacts and Artifact mounting (Hand Held magnifiers, Fresnel lenses, Objects for Micro Eye, ' Stereoscopic Viewer 10.6 Media content, content management system, Artifacts and Artifact mounting, HP Equipment [computers and the like] and any and all associated wiring/services required to run these items and or ' integrate them into any and all control systems that the client is providing (AGI do not provide control system as part of their scope of works), 10.7 None 10.8 AGI has no scope of work here other than coordinating the installation with and around AGI scope of works in this area, Laser and Fiber Optics Interactive ' 10.9 Any additional shade structures that might be required in order for this element to function as designed -this item may be required due to excessive light levels in this area which will potentially degrade the exhibit experience for the guests ' 10.10 None 1 10.11 The facility lighting system within this space that will need to be fully coordinated with the exhibit system. AGI will not be providing any part of this system, but will provide a connection that is fully coordinated with the clients system should it be needed 10.12 Any additional costs which may occur due to variations in building conditions from the original drawings provided to AGI and the specialty subcontractor, Zany Parade , are excluded. These costs may include substitution of video projectors, mirrors for projectors, lenses, or additional mounts. 10.13 Rolling Air Cannon, Hand Cranked Fan Tower 10.14 None 10.15 None 10.16. None 10.17 None 10.18 Artifacts and Artifact mounting 10.19 Media content, content management system, Artifacts and Artifact mounting, HP Equipment [computers and the like] and any and all associated wiring/services required to run these items and or integrate them into any and all control systems that the client is providing (AGI is not provide control system as part of their scope of works), seating 10.20 None 11.0 NATURAL AREAS 11.1 Facility attachments above hard ceiling in this area 11.2 Backing within the walls 11.3 Media content, content management system, HP Equipment [computers and the like] and any and all associated wiring/services required to run these items and or integrate them into any and all control systems that the client is providing (AGI is not provide control system as part of their scope of works) 11.4 Media content, content management system, HP Equipment [computers and the like] and any and all associated wiring/services required to run these items and or integrate them into any and all control systems that the client is providing (AGI is not provide control system as part of their scope of works), Artifacts and Artifact mounting, Taxidermy/cast, Animals/reptiles that are to be incorporated within the Diorama 11.5 HP Equipment [computers and the like] and any and all associated wiring/services required to run these items and or integrate them into any and all control systems that the client is providing (AGI is not provide control system as part of their scope of works), Artifacts and Artifact mounting 11.6 Graphic Acquisition/donation 11.7 Exposed aggregate concrete flooring, Books/Handouts 11.8 None 11.9 Facility attachments above hard ceiling in this area. AGI to provide estimated weight of element and coordination information sufficient for the museum install attachments. I 1 I 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: Zone Plans 11.0.0-11.0.1 Welcome Panel 11.1.0 Zone Title Lettering 11.2.0-11.2.1 Seven Values Wall with Kiosk 11.3.0-11.3.1 Prairie Habitat 11.4.0-11.4.4 ' Interactive Map 11.5.0 Zone 11 Seasonal Graphic 11.6.0 Seating Area 11.7.0 ' Ripple Interactive Table 11.8.0 Flying Creatures Sculpture 11.9.0-11.9.1 ' The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 1 1 7.4. Addenda Numbers 1 to 5, 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, including Contractor's proposal, project schedule, subcontractor list, and Scope of Work exclusions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. I 1 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, ' assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 1 I I 1 I1 I F t I OWNER: CITY OF By: =S B. O'NEILL II, CPPO, FNIGP CTOR OF PURCHASING RISK MANAGEMENT Date: 02Z / // k. Attest: < tCity Clerk Address for giving notices P. O. Box 580 ' Fort Collins, CO 80522 t k I t Appro ed s or Assi an ity 4ebrney •NOUN I �ouglas R. Zegel Title: President Date: 11/1/2011 (CORPORATE SEAL) Attest: Address forgiving notices: Art Guild, Inc. 300 Wolf Drive, West Deptford, NJ 08086 License No.: L I 1 1 1 1 1 1 1 k 1 1 SECTION 00530 NOTICE TO PROCEED Description of Work: 7184 Discovery Museum Exhibit Fabrication To: Art Guild 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 1 By. 1 1 1 Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of , 20 CONTRACTOR: Art Guild Inc. 1 By:_ Title: 1 1 1 I 1 1 1 1 1 1 1 1 t E 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 1 I SECTION 00610 ' PERFORMANCE BOND Bond No. PAIFSU0556364 KNOW ALL MEN BY THESE PRESENTS: that ART GUILD OF PHILADELPHIA, INC. dba Art Guild Inc. ' 300 Wolf Drive, West Deptford, NJ 08086 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and INTERNATIONAL FIDELITY INSURANCE COMPANY (Firm)one Newark Center, Newark, NJ 07102 (Address) 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 Two Hundred Seventy Thousand One Hundred Sixty - Nine Dollars ($270.169) 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 25th day of October, 2011, a copy of which is pe hereto attached and made a part hereof for the rformance of The City of Fort Collins Project, 7184 Discover Museum Exhibit Fabrication. ' NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the ' original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure ' to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way ' affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. ' PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. ' PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. 1� i IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of 1 which shall be deemed an original, this loth day of November 2011 IN PRESENCE OF: Principal 1 ART GUILD, INC. --- 1 (Title) (Title) (Corporate Seal) 300 Wolf Drive, 'Thorofare, NJ 08086 1 (Address) :— ti IN PRESENCE OF: Other Partners 1 By. 1 By. INTERNATIONAL FIDELITY INSURANCE COMPANY 1 IN PRESENCE OF: Surety By: Christine A. Dunn, Attorney -in -Fact 1 455 South Culnh Rnad Suite 40n (Address)King of Prussia, PA 19406 1 1 (Surety Seal) 1 NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 1 0 1 1 1 1 SECTION 00300 BID FORM SECTION 00615 ' PAYMENT BOND Bond NO.PAIFSU0556364 ' KNOW ALL MEN BY THESE PRESENTS: that ART GUILD OF PHILADELPHIA, INC. dba Art Guild Inc. 300 Wolf Drive, West Deptford, NJ 08086 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and ' (Firm) (Address) hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins. ' 300 Laporte Ave.. Fort Collins Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum Two Hundred Seventy Thousand One Hundred Sixty Nine Dollars ($270,169) of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a ' certain Agreement with the OWNER, dated the 25th day of October, 2011, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins project, 7184 Discovery Museum Exhibit Fabrication. ' NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including ' all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or ' otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees ' that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR ' shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in ' the State of Colorado and be acceptable to the OWNER. 1 1 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this loth day of November 2011 IN PRESENCE OF: Principal ' ART GUILDr, INC. ' `YrPSi('t-P� ' (Title) (Title) (Corporate Seal) 300 Wolf Drive, Thorofare, NJ 08086 ' (Address) ' IN PRESENCE OF: Other Partners By: By: ; % i•' i INTERNATIONAL FIDELITY INSURANCE COMPANY ' I PRESENCE F: Sure y By: ' stine A. Dunn, Attorney -in -Fact 455 South Gulph Road, Suite 400 (AddreSS)xing of Prussia, PA 19406 (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. residet F is IFICN URANI n OR INTERNATIONAL FIDELITY INSURANCE COMPANY ' ONE NEWARK CENTER, 20TH FLOOR, NEWARK, NEW JERSEY 071025207 STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS ' AT DECEMBER 31, 2010 ' ASSETS Bonds (Amortized Value) .................... `............... $46,649,126 Common Stocks (Market Value) ............... .............. 62,328,576 i Mortgage Loans on Real Estate ................:.............. 2,167,950 ' Cash & Bank Deposits ..................................... 97,628,047 Short Term Investments .................................... 1,544,986 Other Invested Assets ..................................... 435,828 ' Unpaid Premiums & Assumed Balances ........ ..... ........... 7,067,426 Reinsurance Recoverable from Reinsurers ....................... 2,981,958 Electronic Data Processing Equipment ......................... 338,089 Investment Income Due and Accrued ........................... 263,824 ' Current Federal & Foreign Income Tax Recoverable& Interest Thereon... 589,361 Net Deferred Tax Assets 4,800,000 - Receivables from Parent, Subsidiaries and Affiliates .............. 912,570 ' - Other Assets .....:..................... 0............ .... TOTAL ASSETS 2,287,918 $229,995658 ................................. LIABILITIES. SURPLUS & OTHER FUNDS ' Losses (Reported Losses Net as to Reinsurance Ceded and Incurred But Not Reported Losses)............. ............... $16,522,284 Loss Adjustment Expenses ....... 0 .......................... 4,990,366 Contingent Commissions & Other Similar Charges ................ 5,064,116 ' Other Expenses (Excluding Taxes, Licenses and Fees) 3,142,789 Taxes, Licenses & Fees (Excluding Federal Income Tax) ............. 284,768 Unearned Premiums ............................ 0.......0. 30,565,137 ' - Dividends Declared & Unpaid: Policyholders .................... 500,000 Ceded Reinsurance Premiums Payable ......................... 2,529,630 Funds Held by Company under Reinsurance Treaties .............. 11031 Amounts Withheld by Company for Account of Others"' 71,612A37 t Provisions for Reinsurance ........................... .......... 2,104 Payable to Parent, Subsidiaries and Affiliates 73,243 Other Liabilities ................................. 0 . 0 ..... 6,721 ' TOTAL LIABILITIES .......................... $135294.626 Common Capital Stock .................................... $1,500,000 Gross Paid -in & Contributed Surplus ........... .............. 374,600 ' ' Surplus Note.. ........ Unassigned Funds (Surplus)............. .................... 16,000,000 77,831,432 Less: Treasury Stock at cost (22,333 shares common) (value incl. $45.) ... 1,005,000 ' Surplus as Regards Policyholders ..:........... ... TOTAL $94,701,032 LIABILITIES, SURPLUS & OTHER FUNDS .... $229.995.658 ' L Francis L. Mitterhoff, President of INTERNATIONAL FIDELITY INSURANCE COMPANY, certify that the foregoing is a fair statement of Assets, Liabilities, Surplus and Other Funds of this Company, at the close of business, December 31, 2010, as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of New Jersey. ' �`Oft1TYT�o IN TESTIMONY WHEREOF, I Have set my hand and affixed the seal of the Company, this 24th day of February, 2011. INTERNATIONAL FIDELITY INSURANCE COMPANY �'fNl r RF4a 1 I 1 I j I 1 I I 1 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. OP ID: KID d►`oszo CERTIFICATE OF LIABILITY INSURANCE DATE ,MNVDDIYYYY) 1 voan 1 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 856-845-3636 The Martin Company 500 Jessup Road 856-845-9191 West Deptford, NJ 08066 Sam Martin CONTACT PHONE AIX AC/NOExl): AC N0: E-MAIL ADDRESS: PRODUCER ARTGU-3 CUSTOMER ID R: INSURERS AFFORDING COVERAGE NAIC If INSURED Art Guild, Inc.ISyma Systems 300 Wolf Drive Thorofare, NJ 08086 INSURER A: Hartford Insurance Co. INSURER B: Firemen's Fund Indemnity Corp. INSURER C : INSURER 0: INSURER E : INSURER F : ' COVERAGES CERTIFICATE NUMBER: 1 1 1 t 1 REVISION NUMBER: 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 DDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR IMD POLICY NUMBER MMA1D/YYYY MM/DOrYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,006 A X COMMERCIALGENERALLIAIILITY CLAIMS -MADE OCCUR 13UUNU14295 01101111 01101112 PREMISES Ea = encel S 300,000 MED EXP(My one person) $ 10,00 PERSONAL B ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 3,000.000 GENL AGGREGAATIE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 21000,00 POLICY IA PRO-JECT n LOC $ A AUTOMOBILE X LIABILITY ANY AUTO 13UENAF5567 01101111 01/01/12 COMBINED SINGLE LIMIT (Ea acadent) $ 1,000,000 BODILYINJURY(Perperson) $ ALL OWNED AUTOS BODILY INJURY (Per aca0enl) $ SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per acoden0 $ $ NON-0WNED AUTOS $ UMBRELLA LIAR Xd OCCUR EACH OCCURRENCE $ 10,000,00 AGGREGATE $ 10.000,000 B EXCESS LIAB CLAIMS -MADE SUO 00072217839 0"01111 01101112 DEDUCTIBLE $ s RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANV PROPRIETOR)PARTNER/E%1CUTWE Y/N OFFICER/MEMBER EXCLUDED? (ManJatory In NH) I/ yes, describe under DESCRIPTION OF OPERATIONS below N/A 13WBRO6744 01101/11 01101112 X WC STATU- COT, T RY LIMIT E.L. EACH ACCIDErrr $ 1,000,000 EL. DISEASE- EA EMPLOYE $ 1,000,000 E.L. DISEASE -POLICY LIMIT 1 $ 1,000,00 A Exhibition 8 Displ 13MSU16084 01/01111 01/01/12 Limit 500.00 Floater,Transit RE THE FT COLLINS DISCOVERY MUSEUM, EACORD ST SIDS OFIIMARTINEZ Schedule if TFPE als required) NORTH END OF MASON ST., FT. COLLINS, CO. 80522. SEE ATTACHED NOTE. City of Ft. Collins 215 N. Mason St. 2nd Floor Ft. Collins, FL 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Sam Martin All rinhf. mmn.nH ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD I SECTION 00635 ' CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE:7184 Discovery Museum Exhibit Fabrication PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: ' OWNER: City of Fort Collins CONTRACTOR: Art Guild Inc. CONTRACT DATE: October 25, 2011 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. CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO OWNER REMARKS: By: AUTHORIZED REPRESENTATIVE DATE No Text SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20 TO: Art Guild Inc. Gentlemen: You are hereby notified that on the day of 20_, the City of Fort Collins, Colorado, has accepted the Work completed by Art Guild Inc. for the City of Fort Collins project, 7184 Discovery Museum Exhibit Fabrication. 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 October 25, 2011. In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: ,20 . Sincerely, OWNER: City of Fort Collins By: _ Title: ATTEST: Title: No Text 1 1 1 1 1 1 1 I L SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Art Guild Inc. (CONTRACTOR) PROJECT: 7184 Discovery Museum Exhibit Fabrication 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. ' 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or ' assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. ' 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver No Text Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of 20 CONTRACTOR: Art Guild Inc. By: Title: /_VAlilrX31 Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of Witness my hand and official seal. My Commission Expires: Notary Public 20_, by No Text [1 1 SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Art Guild Inc. PROJECT: 7184 Discovery Museum Exhibit Fabrication CONTRACT DATE: October 25, 2011 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 , 20 (Surety Company) By: ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. No Text 11 1 1 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) M* Mr) ldnT IMPITF IAI TI-IIC CPArF The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 - CONTRACTOR INFORMATION Trade name/DBA: Owner, partner, or corporate name: Mailing address (City, Stale, Zip): Contact Person E-Mail address: Federal Employer's Identification Number: Bid amount for your contract: $ Fax Number: ( ) Business telephone number: Colorado withholding tax account number: Copies of contract or agreement pages (1) identifying the contracting parties 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: UU NU 1 VVKI I It bLLUVV 1 HIS LINF- No Text ' 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. 7 1 No Text tl� Eli aI � y 9 e r r GENERAL CONDITIONS OF THE rCONSTRUCTION CONTRACT Phase GENERAL CONDITIONS have been developed by using the r STANDARD;GENERAL CONDITIONS OF -THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, E1CDC No. 1910-8_(1990 Edition), as a base. Changes to that document arc shotvn by underlining teat that has been added and rsuiking through text that has been deleted. r r r r r r r) JCDC cENr..RAL CONDITIONS 1910- o 990 EDITION) WITH_CITY OF r'ORf COLLINS MODIFICATIONS (REV 9/99) r r r Article or Paragraph Number 3 Title DEFINITIONS TABLE Or CONTENTS Or GENERAL, CONDITIONS Page. Article or Paragraph Number Man her &Title 1.1 Addenda......:..:..........:..........:.............1 1.2 Agreement.......:.....::.:.................:.......1 1.3 Application for -Payment .......................I 1.4 Asbestos ........:........:.....................:....... `I •. 1.5 Bid....................................................:1; I.G. Bidding Documents _...._... .................:At I. 7 Bidding Requirements :.........................1. 1.8 Bonds.................::.:...:.:.:........:......::.::1; 1.9 Change Order.............:..........::...........1 1.10 Contract Documents .............................. I• 1.11 Contract Price........ . ... t 1.12 Contract.TirM...................................1 1.13 CONTRACTOR:....:....:.:..:...:.:.:::........I 1.14' defective ...............................................I 1.15 Drawings ................... .....- ................................ 1 1.16 Effective Date of the Agreement.....,_,.. 1 1.17 ENGINEER........................................I 1.18 ENGINEER's Consultant,,,,,,,,,,,,,,,,,,,,a 1.19 Field Order ........................................: 1 1.20 General Requirements .........................2. 1.21 Hazardous Waste ................................. 2 122.a Laws and Regulations;. Laws or Regulations ...................................... ?. I22.b Legal holidays....................................1) 123 Liens...............................................:.2. 1.24 Milestone............................................2 125 Noticc of Award .......... `....................... "- 2 1.26 Notice to Procccd................................:2 1.27 OWNER .......:............ .....:............ ....... 2 128 Partial Utilization 129 PCBs.:...:.:::...................:...................2 1.30 Petroleum ........... ........ ........................ 11 1.31 Project ................................................^.;. 1.32a Radioactive Material ......:...:.....:...::.....� 1.32.b Regular Working Hours;,,,,,,,,,,,,,,,,,,,,,?: 1.33 Resident. Project'Representative:: ..... X 1.34 Samples .................................... 1.35' Shop Drawings.., ................ A ... 1.36 Specifications;s............................... ....... 2 1.37' Subcontractor .......:........... 1.38 Substantial Completion,,,,,,,,,,,,,,,,,,,;,;,2 1.39. Supplementary Conditions,,,,,,,,,,,,,,,,,, 2 1.40 Supplier............::.....::::....:.:....:.:...:..::2. 1.41 Underground Facilities ......................'-3 1Al Unit Price Work .................. :...:........... 3 1.43 Work..................................................3 1.44 Work Change Directive:,.,,......,,:........ _3 1.45 Written Amendment ...........................3 Page Number PRELIMINARY MATTERS........................:.......3 2.1 Delivery of Bonds ........ .................... ::..3 2.2 Copies of Documcnts..... :................. j: 2.3 Commencement' of Contract - "Times; .Notice toProceed ............. ...... 3 2.4 Starting tha Work ............................3 2:5' 2.7 Before Starting Construction: CONTRACTOR's Responsibility to,Repoit; Preliminary. Schcdtkcs: Delivery, of. Certificates of Insurance ................................... 33 2.8 Prcconslruction Conference-...,..,_4 ?:9 Initially Acceptable Schedules_.,..,,,, a CONTRACT DOCUMENTS: INTENT, AMENDING, RF.USE....:.:...................................4 3.1-3.2 Intent 4 3.3 Reference to Standards and Speci-. fications of Technical Societies Reporting and Resolving Dis- crepancies ................................. 4-5 3.4 . Intent of Ccrtain'rerms or Adjectives ..................................... 5 3.5 Amending Contract. Doctments.,,......5 3.6 Supplementing Contract Documents ....:..:................:.......... 5 3.7 Reuse of Documents .........................5 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS: REMIZENCE POINTS .........................................? 4.1' Availability, of Lands ...... :............. ;56 4.2 Subsurface and Physical Conditions .................................... 6 4.2.1 Reports and Drawings .............. :..:.:.6 4.2.2 Limited Reliance by CONTRAC- TOR Authorized: Technical Data............................................6' 4.2.3 Notice of Differing Subsurface or Physical Conditions .................. 6 4.2.4. F.NGINF.FR'sReview.... ::................. ¢ 4:2.5 Possible Contract Documents Change.........................................6 4.2.6 Possibke.Priceand Times Adjustments ..............................( 7 4:3 Physical Conditions -=Underground Facilitiess....................................... 7 4:3.1 Shown or, Indicated .................... 4.3.2 Not Shown or Indicated,,,,,,,,,,,,,,,,,,, 7 4.4 Reference Points ..............................I EJCDC; GIiNCRAL COMMONS 1910-90990 MITION) w! G1lY OF FORT COLLINS NIODIFICAMMS"1REV.9199) Article or Paragraph Number Y Title 1'afS6 Article or Paragraph Number Number k Title 4:5 Asbestos, PC13s, Petroleum,• I Iazardous Waste or Radioactive Material,,,,,,;,;,,;,,,,,;;,, 7-8 S. BONDS AND INSURANCE . ............................ H 5. 1-5.2 'Performance, Pu d OLh' iin. er. - )rment Bonds 8 5.3 Licentsed'Sureties and !n'swem • Certificates of Insurance .5.4 CONTRACTOR`i Liability Insurance ................... I ...... ............... 9* -5.5 OWNER!s Liability Insurance .. ...... �: .... 9 5.6 Property Insurance„...... ......... 5.7 Boiler and Machinery or Addi. tional Property Insurance ....... : ......... 10 Z., 9 Notiiec of CancellationPro%is'ion 5.9 CONITIRACTOR'i Responsibility, :10 for DeductiWe Amounts W 5.10 Other -Special Insurance ,.�.... ... 11(1 5A 1 Waiver of Rights,,,:,,.,., . ....... 11 5.12-5.13 ,, Receipt'and Applicattim of I nsurancc Proceeds'. j0.11 5.14 Aciciiptanecof Bonds and Insm- anc(: Option to Replace ............... 11 5.15 Partial.Utilizution--Prcioeirty lnsurivncc. 6. (.'OMFRAC.70R'SRESI)ONSIBii.1,rip.,s p 6.11-6.2 Supervision end Superintendenci; , 11 •63-65 Labc r. Matcria.1sit'nd Equtiprc�hi."Ti-12 6.6 Progress; Schedule ........... t .................. n 6.7 Substitutes and 'a -Equal" Items: CONTRACTOR's Expense;, Substitute Construction Methods -or Procedures; EN.GIN,FEWs Evaluation....... ....... 12-13' &M. I I Conciining Sub6ontractors, Supplicri and Others; Waiver 4 kigbis 13-14 .6.12 Patent Fccs.andRoyaltii;s;... ............ 6.33 Permits .... ...... ............................ 14 6.14 Laws dnd.R lati ' - cgu ons.., .... ......... 'J 73, 6.15 Taxes . .................................. 14-15, : Use of Promises, ....... - - 15 :6-17 SiteCleanliness ................................. 1`5 VIS . Safe Structural Loading, IS 6.19 Reco.rd.Documents... J� 6.20 .................. Safety and Protection ..................... ...... 15-16 6.21 Safety 16 6.22 Hazard Communication Programs 16 6.23 Emergcncjes'., .................. 16 64 Shop, Drawings and Sam plc* ...... ....... li5 Im . Page Number 6.25 Submittal Proctedur.es;'CON- TRACTOR`s Review Prior to Shop. Drawing or Sainple Submittal 16 6:26 Shop* Drwiving 4 Sampjc'Submit Leis Review by ENGINEER 16-17 6.27 ....... Responsibility for Var iationg From Contract Documents 17 6.28 Related Work Performed Prior to ENGINEFRs Review, and. Approval. of Required Submittals .......................... m: ........ 17� 6.29 Continuing,the Worl ...................... 17 636 CONTRACiOR!s General Warranty and Guarantee,;,.., .... 17 &.31-6.33 IndemnifiLtion ..PAS 6.34, Surviv,al o(Obligaiciris.�.'; ............. )8 7. OTHER WORK... .......... :.: ....... ...... .......... 18 7.1-7.3 Related Work at Site 18 7.4 Coordination: 8. OWNER'S RESPONSIBILITIES 19 9.1. Communications to CON- TRACTOR 18 9.2 Replacement of ENTG INEER..,,-.., I 8.3 Furnish Data andPay Promptly Whcii-Duc .......... ; 18 8.4 Lands and Easements: Reports and Test's ...................... 18-19 8.5 lnsurance-., 19 8.6 Change Orders,,,.. ....... 8.7- Inspections, Tests and, .....19 Approvals ...................................19 8.9 Stop or Suspend Work, Tcrmi , nate CONTRACTOR, , s Services 19 8.9 Limitations an OWNERS, Responsibilities .............. .............19 mo IL91 ",,os, PqB.%- Petroleum,, Hazardixis Waste or Radioactivc,Matcrial 19 8.11 Evidence of Financ hi AiTangcm ents...,.. ). ENGINEER'S STATUS DURING CONSTRUCTION...- ... ... I ........... .......... ..... 19 9.1. OWNFR'sRcprcscntativc; ............... 19 9.2, Visiis to Sitc� .................. .......... ; ... 19 9J Project R elresentative ..... ........... 19-21 .9.4 'Clarifications and Irtterpre, tations� ........................................ 21 93, Authorized Vdilatiorii:i-n*V&k..,,.,:.:-II Lict-c GE"NIRAL COZ451'FIONS-, 1"910 -3 2199-b-L"'D I 110-M W/ OTY OF FORT COLLINS MODIFICA11ONS (REV MM) Article or paragraph P.age: Article of paragraph page ITurnber.i- Titk Number Number &-'I"itle NUM her 96 Rejecti ng Defective Work .............. ;_..21 118_13_9: Uricovering Work at ENIGI- .9.7-9.9 Shop Drawings, Change Orders NEERs Request ..................... 27-28 and Payments,,,,;,,,,,,,,,;,,,, ....... :.21- 13.10 OWNER'May Slop'the Work .......... 28 .9�1.0 beterminitims for Unit PriC_c.%:., .... 21?22 13.11 Correction or Removal of 9.11-9.12 Decisions on 1) isputes; FNGI- Wcrk..; ................ 18 , N'imEEk asInitial ,Interpretcr ............ xT13.12 C�oction Period .............I *.; .......... 2� ,9.13' Litationg on ENGINEER 9 13.13 Xeceptance -of Defictiie X� Tork .......... 23 Authority and Responsibilities;;;, 22-23 13.%14 OWNER h4av Correct Defecfive Work ................... 28-29 CHANGES IN THE WORK ....................... : 33 16.1, OWNER's Ordered Change ................. )3r 14. IAYMFN*1'3 TO Obi%rrRAurbiz Mb 10.2, Claim for Adjustment ............. ........ �23 COMPLETION ..... .............. ...... ... ... ")g 10.3 Work Not Required by Contract 4.'l Schedule of Values ........................ 29 Documents,.: .... M ........ ................... 14.3 Application for Progress 10.4 Chan I ge Order*., , ..................... I .......... 23 Payment, ................................... . 1)9 10.5' Notification of Surety.,,,,_................ �21 14.3 CONTRA&l'OR'sWarranty cf ;..29 'CHANGE OF WNTR_ A (T PRICE.,,_ .................... 23 14J-14.7' ................................. keview.of-Applications for i7.-I.-II.3 Contract Price; Claim for Progress Payments .... _9-30 Adjustment; Value of 14.8-14.9 Substantial Curnplefionj ... ....30 the WA-..: ...... ......... ;_ .......... ;23-24 14,10 Partial Utilization ....... .............. �0,31 I I * 4 Cost of the Work ........................... '.j4-25 . 14.11 Final Inspection ............................. 31 11.5 Pxclusi6ns to Cost or the.worik . .......... 2 '15 I - 14.12 Final Application for Payment ........ 31 11.6 CONTRACTOR's Fee.......... 14.13-14.14 1 Final.PaytnentandAcceptance 31 11.7 Cust'kaords..- .... ........................... 2 25 -26, 14.15 Waivt�r of Claims 1-32 11.8' Cash Allmvanc.6 ........ ......... 26 I IJ Unit Price Work._.. ....................... _..'26: 15. SUSPENSION OF WORK AND TFRMrNA:rION- ....... 32 CHANGE OF CONTRACT, MAE S ............................ 26' 15.i OWNER'May Suspend Work .......... 32. lil dai m for Adjustment - ...... 1. ....... 126� ....... 1 -;- _�2-15.4 OWNER May Term inate ........... 32 12.2 Time ofthe Essence._, . ..... .... . ........... 16: 15.5 CONTRACTOR Nb Stop Y_ I 12.3 Delays Beyond CONTRACTORs- Work or Terminate ............ ... 32-33 Control ........ ........ ................ �t.26-27 12.4 Ways Fkyond OWNFR's and 16: DISPUTF RESOLUTION ..................................33 CONTPACTORs Control 17. MISCFLLANE OUS ... ......... ......................... 33 TESTS AND INSPECTIONS; CORRECTION, f7:'I Giving Notice; ....... ....... _t ...... 33 REMOVAL OR -ACCEPTANCE.. OF 17.2 Computation ofTimes ........ ............ 33 -DErEC77VE WORK .......... ....... .............................. �) 7 17.3 1V6. ice of Claim .............................. 33 13.1, Nzotice or Derects ......... ......... ........ '7. 17.4 CrnuuintiveRemedies ...... 33: 13.2, Access to the Work ................ I -)7 17:5 Professional Fees and Court 113.3 'ri.%Li-.afnd Inspections. - . - - -cluded ................. CostsIn ..,:..33, CONTRACTORs Cooperation, ......D 17:6 Applicable,Stale Laws,,,,,,, 33-34 13.4 OWNMUs R6ponsi6iiiiies;% Intentionally leff.blank .. ............ ...... ...... 35 ln&pendent Testing Libor; tory. '27 13.5 CONITRACTOR!s F-U-11BIT, GC -A: (Optional): Responsibilities.............. �17 Dispute Resolution AgregTent .................. __GC -AI I 1& 13.7 'Covering, rI�i t&Insp.cc- 16l. I -'16:6 Arbitration._..., ........... ......,,,CC-AI" kion. Testing or Apprdvai I., ............. ;:'V 1.6.7 Mediation,.,,,,; .......... JjC-Al ,UCDCGLNLRALC0NT3-110NS 19110-8119901MITION) tr/.CITY OFFORTCOLLINS MODIFICATIONS (RFV 9199) TMDEX TO GENERAL. COMMONS City of Fort Collins modifications,to the General'Cohditions of the Construction Contract are not shown in this index Article br Paiadiaph Number Acceptance of - Bonds and Insurance ..... ; .................. ................ 5.14 defective Work ........ : ................... 16AA, 13:5,3313 final payment .... ........... .......... ::.:9.12 14.15' insurance .......................... .......................... 5.A 4 �other Work, by CONTRACTOR',::.. ......... .7.3 Subslitutes and "Or -Equal" ltems .....6.7.1 Work by OWNER::...... : ...............15, 6.30;,&34 Access to the-- I;an& OWNER andCONTRACTOR rcsponsibilitics�..,_, 4.1 site, related Work......... ............................ .... 7.2 WWork........ .. ...... 13.114, 14.9 Acts or Ornissions-, Acts and Ornissionsm, CONTRACTOR 6.9. 1; 9.113 ,FINGINFFR......... ......... ........ 6,20, 9.13.3 OWNER. ..... ......... .................................. Addenda--defirtition of.(also see . definition of Specifications) .........(1:6. 1.10, 6.19) ; 1.1 Additional Property Insunincel"; ..................... .......5.7 Adjustments— Contract Price or Contrnct Times ........................... 1.5.,15, 40. 4.12. 4.5;2. ........ : ................... 45.3, 9.4119.5. 10.2-144.� .............. 11, J2 14.8; 15.1 progress schedule :, .......... .......... .............. Agreement-- definition of j.2 "All -Risk" Insurance: policy form.. ............................ 5.6.2 Allowances, Cash .............. ............ 1.8 : Amending Contract Documents., ..... Amendment, Written_ 'in gcneralL... ....... LI O1.45.,3.5, 5:10, 5.12, 6.6.2, U 6.1�j ..................... .... 0' 1 '1 - 10.). 10.4, 1112' 1 1. 12.1; 13.12.',� 14:7.2 Appail, OWNER or.CONTRACTOR. intent to. ......................... 10.4. 16:2. 16.5 Application for Payment_ definition of ............. * ...................... .............. J.3 ENIGINFER's Responsibility....... .................9.9' finalpayment .... ............. 9.113..'4, 9.13.'S, 14.12--14; 15 * , in general,. ..................... Sj 2.6, 544, 9:_10,I5.5, progress- payment..,...:. ..... ... 14.144.7 review of v1W.4'f4J. Arbitration ......... : ...... : .......... ............... .... J6.1-M6 Asbestos -- claims pursuant thcreto..: ............. :..4..:.-A5.2, 4.5,3 CONTRACTOR.authori zed tostopWork .......... 4.5.12 definition of.. ..... ........ ........ .AA v , Ain: . icle or, Paragraph Number OWNEWiresponsibility.for ..... ....................... 4-:1:1, 8.10 possible pirice'arid times changq... .... .. . .......... 4.5�2 Authorized Variations JnAVork ... 6.25. 6.27,'9.5 A6 1-lability of Lands:.,... ............ 8.4 Award, Notice of --defined ....................... ............... 1.25 Bcforc'Starting Construction tructi6q. ........ ......... 5718 .Bid-cictinition of ................... 11.5 (1.1, 1:10, 2.3, 13; ......... ............... 4.2.6.4, 6.'6, 11.4.3, 1 fq. 1) Bidding Duvjmcnes-dcfmition, of....... ;.. . .... _ ......... _ ....... z ....... ...1.6 (6.8.22) Bidding Requirements-defirition of, ..... : ............................... _JJ (L I, 4.2.6.2) Bonds-- accieptancc of .. . .......... * ...... 5.14 'additional bonds:......11.4.5;9 I � Cost of. the Work ..................................... W ....... 1 1.5A definition.of] .................. .................................. . j<8 delivery of ................ : ........................... ; ......za, 5.1 final -Application for Payment..,, W.! ....... 114.12-H.14 general ........................... I ........... 1.1Q., -5:3 ........................................ 9.13,100. 14.7.6 Perffiiffidnce, Payment and 01her., .... .... 5.1-5,2 Bonds and Insurance. -in general .................................. I - �5 Builder's r 'isk "all-rLW policy. form,.. ... ............... 5.6.2 Cancellation Provisions, Insuranec.,.. :Cash Allowances 114 Ccrtificatc,of Subtsiatial Completion .,.;.; ... 1.38. 6.30.23, ........................................... 14;10 ,Certificates of Inspection ............. I ....... P. 13.4. 13:5, 14.12 Certirt6tes of Insurance.,., ... ...... 2.7,5:3. 5.4.11, SAM, 5.6.55.8, 5.14,40.4, 1412 Chnngc.in Contract Prig - Cash Allowances ........................ ...... 16,8 ............ 1 ; tc5e p 1 Claim rice adjustment ............. 4.1. 4.2.6. 4.'S. 5.15. 6.13:2, 9:4 ........ . 9.5. 9.11, 10.2, 10:5. 1 L2; 13.9. ........... 13.14, 14.7, 15:1, 115 CONTRACTOR.s fee:. . ........... .......... Cost of the. Work general ................. .............................. 11.4-11.7 Exclusions to. 'Cost Records ................................................ _j 1:7 in gencral ..... ........ 1,19,1.44; 01i; 16.4.2,10.4.3,. 11 Lump Sum Pricing,,,, ........... 11.3;2 .Notification of Surety:. . ....... :.. , ........ : .......... A .... 16.5 scope of„ ................ I_ ................ ........ ...... jqj-10.4 Testing and Inspection, Uncovering the -W&k: ....................... .:..; ....... 139 W *6L a)c NLRALC6?61liON91910-8ilObL'Dl'nOM W/(',ITYbFFORtCOI.IJN'SMODIFICATIONS (RFV410) Unit Price Work..: .................. .......... ........ 11.9 .Article or Paragraph Nuct K!r Value of Work Changc,in Contract Times - Claim fdr times adjustment ........ 4 19;2.6; 4.5, 5. 15, ............ 6.8.2.9.4.9.5.9.11,10.2.10.5.12.1: ............... 13.9, 13.13,13.14,.14.7; IS , 15.5: Contractual time limits __.. ....... . ......................... 12:2 Delays beyond CONITRACTOR!s control; ......................... ...... . I ....... ......... . 123 l3cNysAicyonil OWNER's and CONTRACTOR!s control .... ................ ... 12A Notification of surety..................I....... . I .......1 0.�5 S c&pc,of 6hange'.. ............... ...... ; ...... 0.3-16.`4 ,Change Orders:- i Acceptance offiefecfivv Work;._.................. 13,11 Ameriding.Cantract-Docurn en4_., ....... ; .......... 3 Citsh Allowances ".. ..... * .... Chainge.of Contra'ct. P'r'i"c'e" .. 11 Change of Contract Timq .................. Changes in the Work_ .... ....... :: ...... ..............10 coNi-RAcTows fee 11.6 Cost of the Work 11.4-11.7 Cost Records ............ 1_13 defmitioii of .......................... Cinct-gencieso, . ...... ..................... ........... 0.23 ENGINTEER's responsibility:,,-,-, 9.8, 10.4, 11.2. 12.1 execution of. ................... .................... .... 10.4 Indemnifiction ......................... 0. 12, 6.16; 6.31-6 33 Insurance, Pictids and ....... ................ 5.10, 5.13, 10.51 OWNER may terminate ............... ........... 15.2-15.4 OWNEIes Responsibility.,_........................8A 10.4 physical Conditions- Subsurface and 4.1 Underground Facilities ............ ; ........ ;.....4.32. Record Documents ................... 6.19 --- I Scope of Change,,,,, I ...... 1�0.3-10.4- Substitutes ; :§.7.3. 6X2 Unit Price Work.................................... I , I ..........11 _9' value of Work; covered by......... :.: ... 11.3 Changes in the Work....- 16 Notification of surety ............. ........... OWNEks and CONTRACTORs responsibilities ... :.: ................ ; ...... M.; ............... 10A Riot to an adjustment ........................... ; .......... 10:2 Scope of change ... .................. . 10.1-10.4 Claims-- against CONTRACTOR ..... _ ........................... fi.b& against ENIGINEER .............. .................... 6.32 against.OWNTFR, ............ ............ 6.32 Change of contract Price .., .... : ................... 9.4, 11.2; Change of Contract Times, ........... ........ :,:9•4, 12.1 CONTRACTOR!s .......... -7; 1,* 9.4, 9.5i 9; 11; 10.2, ........................... 1111_13.9, 14.8, 15.1-15.5. 17:3 CON*I'RA(;*rOR'-. Fee........................................1.1.6 Articlic or -Paragraph Number CONTRACTOTs liability,,, ,,,,5.4; 0.1-1 6,16, 631 6-6st ofthe Work 11-4,.l L5 Debisions; on Disputes ................ ; ............... 9.11,:9.12 Dispute Resolution ............................................... 16.1 - Dispute Resolution ,Agr ent ........ ........... 16.1-1.6.6 ENGINEER as initial intlerprelor ......... ' Lump Sum:Piicing ......................................... 1.3.2 Notice ..................... 17.3 0 FW WIN ?,4; 9.5 '9.11, 10.2- 11 -1 11.9 ....... 12.1. 139. 13.13. 13.14.17.3 OWNEWs liability .......... ; ....................... -ftiset- o ......... 5.5 OWNERma Y. ' re 0 In ake.payment. ... ........... :14.7 Professional Lees and Court Cosis Included:.........._..........................._........... 17.5 request torformal decision ........................9.11 Substitute Items .... ... ...... . ............. ................ 6.7.1,2 Time Extension 2. 1 Time requirements ........ ........ ...... ......... Unit Pri6cwc;rk 11.9.3, Value of 11.3 Waiver of -on Final *Pi_i);racnt .................. 14.14i 14. 15 Work Change Directive .................................. .. .... ' 10.2 . J written notice requited ...................... 9.11, 11.2, 12.I Clarifications and lnicrpretation§� ............ 3.63, 9.4, 9.11 Clean,Site Codeii:rif Te6hriicaI,Sbcic'ty, Organimtion orAssociation ..... ............................................ Commcnccmcn�t of con&a6t Times .. .............. - ....... 2.3. C=muni(-aiions-- general .............................................. 15.2; 6.9.2i S.I Hazard Communication Pibgrnims: ....... ..... 6.22 Completion -- ion for Pityinent .............. ; ...... .... 14.12 ,n... ...................... 14.11 ............ and Acceptance:., ........... 14.13-14.14 ion mpletion ...................... 1.38. 14.9-14.91 ms .................14.15 Computation of Times .................................. 17.2.1-172.1 Concerning Subcontractors, Suppliers and Others .............6. ".11 Ciinfcrcrccs-- initially,acceptable schedules, ...•..... ..... 1 .2.9 prcccinstructicq ........ ...... ; ............ Contlict, Error, Ambiguity; Discrepancy-- c6,4i R-A-C'60-Ric, Report -,..... ..... ............. 2.5, 3.3.2 Con.4ructicn. bitifori starting by CON*I*RAUI'QR 2.5-2.7 Construction Machinery; Equipment, etc., ................. 26.4 Continuing the Work .... ........ .............. ;6.29, 10.4 ContitictDocuments- Amcnding..................................... ....... ...... Bonds................................................... ,L)MCMENLRAL2COMATION's 1910-8 (1990 EDITION) W/ MY OFFORTCOLUNS MODIFICATIONS (RFv 9/99) Cash Allowances 11.8 Article or Pdragraph Number Change of Contract Pricq ............. . . . .................. I I Change of Contract Times .... I ... I .............. ...... 12 Changes in the Work ................................. 10.4,10.5 check and verify.......... ................. I ............ Clarifications and 'Interpretations - ....................... 3.2, 3.6; 9.4, 9A 1 definition of .....................................................1.16 * ENGINE HR as initial i6icr a pr&er of ....... ........... 91411 ENGINEER as OWNPR'sxcpr.c.scntativc. ........... 9.1 gcricraI3 Insurance 5.3. Intent 1.3.4 minor variaiions in the Work ...................... ........34: OWNFR's responsibility to furnish data„ .......... OWNFR's responsibility to make prompt payment ..................... 14.4, preccdcncc. ............. ........ :w ........ 4 ....... 3.1.3.3.3 Record Documents 6.19 Reference to Standards and Specifications of Technical Societies ................................... 3.3 Related Work 7.2 Reporting And Resolving .Discrepancies ........ .. 2.5, 3.3 Reuseof ........................................ ...... Supplementing......................................... :; .... w.. 3.6 Terminaiion of EINGI�NEER!s Employment .......... 8.2 Unit Price Work ............................................... variations,,,,.,,,,, . ........................ 16:23, 6.27 .6, visits to Site, ENGI NFER's ........... .................... , 9.2 : Contract Price - Adjustment of ................ 3.5. 4:1. 9.4. 10.3. 11.2-11.3 Change of ............... ....... * ... ... ............ ........il ,.:.........I Decision on Disputes .................. ............. 9.11 detmition of ........................... ; .................. 4 ...... 1.11 Contract Times— adjustment of .......... ............. 4.1. 9.4, 10.3.12 Change o(.,.. ............................. 12.1.112.4 .Corn m encein ................................. I .... 2.3 definition of,,,,,,,,,,,,,,,,::.........:. ................ 1.12 CONTRACTOR - Acceptance of Insurance,,.,, ............................... •5:14 Communications ......................................6.2, 6.9.2 Contihuc Work ............. z ............. .......... 6.29. 10.4 coordination and scheduling ............................. 0..9. 2 definition of ........ I ....... o .................................... 1:13 Limited Reliance on Technical Data Authorized 4.2.2 May Stop Work or Term . . .1.� ....................... 15.5� provide site access to others ......................... 7.2; 13.2' Safety and Protection., ..... : ............ 9.3. 1'22. 6. 16, 6.18, .................. .... I ......... 6:21-6.23j 7.2 1342. Shop Drawing and Sample Review Prior to Subm itta I sit Si9p.Woik requirements ..................................4.5.2 Article or PaTagaph Number Compensation .... 1 ............. ......... ........... 11.1-11.2 Continuing Obligation ........................... 14.15 Defecfive Work ................................ 9.6. 13.10.13.14 Duty to correct okfiective Work...........„ ............. J3.11 Duty to Report -- Changes in the Work caused by Emergency,.. ......... Defects in Work of Others .............................. 7.3 Di&fingcoriditiun;....... ............... 4.13 Discrepancy in Documents,,,,..,; 15, 3:3.2;�6.14.2 Underground Ficilities not indicated ........... 4'. 3.2 Emergencies ................. ................................... 0.�3 Equipment and Machinery Rental, Cost of the Work 11.4.5.3 Fee --Cost Plus 11.4.5:6, 11.5.1, 11.6 General Warranty and Gdaranteq ................. ; ..... 0.30 Hazard Communication Program......................0.2 2 Indemnification .........................0.12, 6.16. 6.3 1 -6.33 Inspection of the Work ................................13, 13.4 Labor,_Matcrials and Fquipmcfit; ................... 0.3-6.5 Laws and Reg4Ijtion.% Compliame by.., ........ I ... 60.4.1 Liabifity Insiaunct% .................... I .......................... 5.4 Noti(le of Intent to Appeal; ............ ..... 9.10. 10.4 obligation to perform and complete theWork ....................................................0.30 Patent Fees and Roynitics, paid for by,,,,,,,,,,,,,,,,, fi. 12 Performance and Other Bonds i.] Permits, obtained and paid foe by ..... ; ................. 0. 13 Progress Schedule..........................2.6.2.S. 2.9. 6.6. ........................................ j6.N.,10.4, 15.2.1 Request.for-formal decisionon disputes,,,,,,,,,,,,,, 9.11 Responsibilities -- Changes in the Work ............ ........... ... ... 10:1 Concem'ing SubKontractiirs. Suppli&s and Others 6.8-6.11 Continuing the Work; .......................... 0.2-91 10.4 CONTRACTOR'sexpeoK ............................. 0.7:1 CONTRACTORs General Warranty And Guarartee 6.30 CONTR�kCYOR!s rc*v,7iw'c' prior to Shop Drawing la Sample submittal ........ L ......... 6.25 Coordination o I Work ................................ 6.9.2 Emergencies, ....................................... ��.23 ECGrNEERs evaluation, Substitutes or "Or -Equal* Items .............................6.7.3 For Acts find Omissions of Others ............................ 6.9A-6.9.2, 9.13 for deductible nniounts,insurance...................5.9 general ........................................ G, 7.2, 7.3, 8.9 1.1a.zaidoiis Communication Progamq: ... Programs:...:,.,., Indemnification, , :.6.22 631-6.33 9XIk GENLRAL CONDITIONS ['910-8 OM EDITION) W/ CITY OF FORT cou.n.,mmorimcAnoNs w.v 9/99) I Labor:'Materialsand Eguipment...... I ....... 6.3-b:5 CONI'RACTORS--othct..................:............ ................ 7 ' Laws and Regulations .........; _, ...........6.14 Contractual Liability Insurance _. 5.A.10 LiebilityInsurance ......................................5.4 Contractual Time Limits.................., ....12.2� Article or Paragraph Article or Paragraph ' Number Numb& Notice of variation from Contract Documents..........................................6.27 Coordination--. Col`rfk CTOR'sresponsibility........................6.9.2 Patent Fits and.Royalties........................:.....6.12• Copies'of Documents ...................................... I ......... .2 Perm, .::........................:..........:.:::.....:..:.6 13 Correction Perioxl;...:.............. :..: ................. ..........1112 Progress Schedule ................................... ..6:G Correction Removal.or Acceptance Record Documents . 6.19 of Defecriw. Work -- related Work performed,priorto in, general ...... 10 4 1 13 10-13.1i ENGINEER's upproval of required Acceptance ofDefechre Work . . . ......... .....13.13 submittals .............................. .............. 6.28 Correction or Removal of safe structural loading.,......: .............. 6.18 Defective Work - 630, 13.11 Safety and Protection...,.-,....- 6 20. 712, 13.2 Correction Period ................. .. .13.12 ' Safety Representative................................... 6,21 OWNER May Correct Defective Work ............... 13.14 Scheduling the Work ............. :...... :.............. 6.9.2, OWNER May Stop Work ...... : .......................... 13.10 Shop Drawings and Samples,,,,,,,,,,,,,,,,,, 6 24 Cost-- Shop Drawings and Samples Review of Tests and Irispection;.......... :...:............ .......... 13.4 ' by EA'GLNEER....................................... 6 46 Records 11.7 Site Cleanliness .................................. : ....... 6.17 Cost of the. Work-- Submittal.Procedures...................................6.25 Bonds and insurance, additional,,..,,,.,,.,,.,,._,) A.5.9 Substitute Construction Methods Cash Discounts,,. .............. ................... 11.4 2 and procedures ............................. 67.2 CONTRA( I pR's He.e ..........:........... ..11.6 1 Substitutes and'Or-Equal' Items................6.7.1 Employee Expenses......................................1 1.4;5.1 Superintendence.......:..:,;,,;;,,,;;,,, ;,,,,;,,,,,,,;,;,6.2. Exclusions ;to,;;;..;,,:,;,,,, - ..........:............... :....,...1 L Supervision ...................................................6.1 General 1IAA L5 Sur4ival of Obligations,,,,,,,, q .............6.34 Home of7icOnd'overhead cspcnseg......... ,,,I1.3 ' Taxes.........................................................6.13 Losses and &ranges................................ 11.4.3.6 'tests and Inspections..................................13.5 Materials and equipment.._.,,,,,,.......................11.4. To Report ...............................:..............:...... .5 Minor expenses...........................:...............11.4:5.8. Use of Premises .....................0.16-6.18. 6.30.2.4 Payroll costs on changes, ................................ 11.4.1 Review Prior.to,Shop Drawing or performed by Subcontractors ............:..............A 1.4.3 Sample Submittnt....................................... i.'B Records I1:7 Right to adjustment for changes in the Work ..... 10.2 Rcntals,of construction equipment right to claim,,,,,.... 4 7.1, 9.4, 9 5,.9.11, 10 2,11.2, and machinery 11.4.5.3 ,.... 11.9. 12.1 13:9 14 8 15.1. IS 5, 17:3 Royalty payments. perm ns and Safety and Protection ......... 6'0-6.22. 7.^_. 13.2 license fees' ..................... ;.....................11.4:5.5 Safaly..Represertalive ... ............. .......... :............ 6.21 Site office and temporary facilities ................ j 1.4.5.2 Shop Drawings and Samples Submittals „ Special Consultants. ....... ..., C 24 6.28 11.4:4, Special Consultants CONTRACTOR s Supplemental,.,.,. I 1 4 4 11 4.5 , Substitute Constnktion Methods and Pr icedures _6:7 Taxes related to the Wort ...... ...1-1 a 4 Substitutes and'Or-Egtml' Items, Tests and Inspection..........................................13.4. Expense ..................... :..................... .7.1..6.7.2',' Truffle Discounts.........,:.,,. - 11.4._- Subcontractors, .Suppliers and'Others,,, „ 6.8-6.1 I Utilities; fuel and sanitary facilities 11.4.5.7 Supervision and Superintendence 6;1, 6.2, 6.21 Work after regular hours ...............11.4.1 Taxes, Payment ym by ........... ............... .- -.-..:.,G:15 Covering lVork........................ ....................... 13.6-13.7 Use of Premises ......................................... Cumulative .Remedies, ..................................... 17A-17.5 Warranties and guarantees.,:....: ....4 5. 6 30' Cutting, fitting and, patchin6....................... 7.2 Warranty ofTitle ..................... .... 14.3 Data,:to be fimaished by OWNFR......... .......... li 3 . ..,,,,, Written Notice Required-- .Day -definition of ..... ...................................... .........................:. 17.2 2 CONTRACTOR stop Work or terminate, ......15.5. Dceisions on Disputes, ...................... ! ............ 9.11, 9.15 Reports of Diflermg Subsurface and. Physical Conditions, 4 3 defective- dehnttion'o1 defective �Work- ...1,14 Substantial Completum;....... .............14.8 Acceptance of:....................................... - 10 4;1, 13.13 L'JCU(: ,('ENMAL CONDITIONS 19104(1990_IMMON) W1 CITY OF FORT COLUNS MODIFICATI0X% (RF-V 9199) A 1 Correction or Removal 1 OA. 1 ; 13; 11, Correction l3criod ............. in general ............................. I ........... 13, 14.7., 14.11 Article or Paragraph . . - Number ,Obscrvati&i by ENGINEER ... I ................ ... , ........... 92 OWNER May Stop"Aiork..; ........... ...... .... 1110, .Prompt Notice of Dekcts� ................ ; .................. 13.1. Rejecting ........ :........... .. �,� ......... .... ... .,, �.6- Uncovering , the Work ....................................... 1 3.8 Definitions ................ Delays, ...................................... 1, 6.�'+9, f2.3-1-2.4, Delivery of Bonds .......................... I ......... I ........ .... 2,1 ,Delivery of certificates of 'insurance ........................ 7 Determinations for Unit Pricei Differing Subsurface or Physical Conditions-1 Notice of .................. ....... 7..: ......... -- ................ 4.2' .3 ENGrLNFFR*s Review .......................... ......... 4.2.4. Possibl�e.Contraa Documents Change,,,,,,,,,,,,,, 4,2.._5 Possible Price and Times Adjustmefiti .......... ; .... 4.2.6 Discrepancies-Rcporting . and Resolving ...... ......... _-2.5. 3.3.2. 6.14.2 Dispute Resolution - Agreement, ............................................... I 6.1-16A Arbitration ........... ................. I ....... : .......... 16.1-16.5 . gencrall4i Mcdiation.:... .. ......... ...... . ......... ...... 16.6 Dispute Resolution Agjeement� ............ : ............. 16.1-16.6. Disputes, Decisions IV ENGINEER .................... 9.11-9.12 Documents- Copncs of ................ ;2.2 Record6.19 Reuse of_ ...... �3. 7' Drawingsfdelinition of...._ .... ... ......... ... . ......... ........... Easements Effective date of Agreement.7- definition qf J:16 iimqgcncics-.-. ........................................... ............. 6 2-3' ENGINEER initial interpreter on dispute*... .............. 9. 1, 1 -9.12 definition or ...................................................... 1.17 Limitations uri authority rind responsibilitiql '9.11 Replacement oC ............ ...................... .............. 8 Resident Project n ........ -Represe ENGINEERs Consultant definition q( ..............1.111 ENGINEEks,-7 ,authority and responiibility, limitations or) 9.13 Authorized Variations in the Work .......... ........... 9,1 .Change Order s, responsibility for.. -'.9.7. 1.0,.111,, 12 Clarifications and Imerpretations., ............ 3.6.3.,.Si4 Decisions on Dispules..� ......... .............. �2 11.9:12 defective Work, notice of ...... ........ 13-1 Evaluation or Substitute IlerT14 Liability ...................................................4.3219.12, Notice Work is Acceptable ........ ..... �.: .......... 14.11 :Ohscrvations .......................................... A.30,2 9.2 A OWNFR'k Representative ..... 1.0 ............................ 9.1 llavmcnLs to the,CONTRACI`0R, Reiponsibilily for ........................... ......... j.9. 14 Recommendation of Payment,,,,,,, 14.4, 14.13 Article or Paragraph Number Responsibilities-Litniiations on ................ 991.79. 13 Review. of Reports on Diffiffig Subsurface and.Phy3ical 'Conditioris� ....... 4 Shop Drawings and Samples. review responsibility.., . .............. .............. 6.26 autliciii6d*variations in'the Work ... ; ......... 4:-9.5 Clarifications and Interpretations ................. .. 9A Decisions on bisputc4 ............ I .......... 9.W 11-9.1 Determinations on!JritPrice.. ENGINEER as Initial Interpreterr. .......... 9 1 It - 9.12 ENGINEER's Respo h -1,: � � I I - . . ;1 'nsi i1iiies .... ...... 9,.1-9. 12 - imitations on ENGINEER's Authority and.IZ6spbhiibilitie§ ..... _: ................. ; .... 9.13 '61VNER's Representative...,.. ...............9.1 Project Repiresent.ative ......................... ; .......... .9.3 Rejecting Defective Work'..............................9.6 Sh6p Drawingsi Change'.Orders and Ppymehi.q 9. 7-9.9 .......... -, . Visits to Site 9-1 Unit'Priee determinationq ............. -9.10 Visits to Site Written ' consent required, : ...................... Tl- 9. V Equipment, Labor; Materials and,,,,,, ,,,,,,,,, ,,,,,6:3-6.5 Equipment rental; C osit of the Work.. -.11.4.5.3 . Equivalent Materials and Equipment, .... ; ...........'........ 0.7 erroror omission; ............ ............................ ..... 0.33 ,Evidence.of Financial Arrangements ................ l?' 11 Explorations of physical conditionj ........................ 4.11 Fee, CONTRACTORs-Costs Plus ........ ...... 11.6 Field Order- deffitition or 19 issued by ENGINEER ...................... ......... 3.6.1.9.5 Final Applicalimi for Payment ............................... 14.12 Finn] Ins pectlorl; ......... ............ ............... J4.11 Final Paymcrit-' and A&epirice ........ '14.13-14.14 PnWto. for cash allinvinces .......... ....... 11.8 General Provisions :...:.: .... ......... .... --.17.3-17.4 :General Requirements� definition of .... .................. ....... J.20 principal references to .... 6.j3, 6.GG.7, 614 Giving Notice .......................................................... 17.1 GUE-iriiitc,e,b(lVbik'.;bytOiNTRACTOR ......... 630. 14.12 Hazard! Comm unication Programs ..... ...... .... 6.22 1 Hazardous Wiste. definition of .w ......... TOM- w ....................................... gineral , ....... ......... ....... : .... -: ... OWNER's responsibility fqr .... ; ........... - I - -, ....... �8.10 EJCDC GLNLRAL CONDITIONS, 1910.-8 (1990 EDMOM W/ CITY OF FORT COLLINS MODIFICATIONS W.V 910) Indemnification ........................6.12, 6.16, 631r6.33 initially Aeccptable Schedules .9 ..............- Inspection-- 'Certificates o(.......... :.............. ....9.13.14, 13.5, 14.12 Final. , ..... .14 it Articleor paragraph Number Special;: required byENGINEER ......... :................ 9.6, Tests and Approval, - ....... .,:.:..,:..,;$ 7, 1313=13:4' Insurance-= Acccptancc:of, by OWNER......_ ..:............... ..:5.1a'. Additional; requircd'bychangcs in ttie Worl.:....... ......::. . 11:4.5.9. -Beforestarting:the Work-, ............. .................. 23 Bonds and --in general ........: ..................5 Cancellation Provisions-: " _ -...... ... 5.8 ,. Ccriifi6ies-of _ 23. 5 3 5.4.11 5A.13,1 5 ¢:5;'i.8, 5.14, 9:13,4, 14"12, completed operations......................................5.4.)3' CONTRACTOR's Liability ......... ............. :........ 5 4 CONTRACTOR'S objection to coverage: ............ 5.141 Contractual Liability ......:.......... .5.4.10 deductible' amounts, CONTRACTOR's responsibility................................................5�9' Final ,pplicaionforPayment..,. ........:..:.1is Licensed Insurers:.................._............-...............5.3 Noticerequirements. material chinges...... J.8,10.5- Option to Replace..............................................5.14. other special insurance ................... .....:s.•l0, OWNER as fiduciary for insureds .............. j 12-3.13 OWNER a l tabiliry, .............................. OXVNER's Responsibility ...............:...........:... 8.5 Partial Utilization. Property Insurance, ............. J.15 Property ...::..................I.... ........... 5.6 -5.IQ Receipt and Application of Insurance Proceeds...........:..:..................:.:.:........5.1 "2-5T3 Special Insurance ............................................. 5.10 Waiver of Rights ................. 0 ................. I .......... 5.11- Intent ofContract'Docwnents .;...., 3.1-3.4' Interpretationsand Claiification$�....... .........j 631 9.'4' Tnvestigntions.ofphysical conditions.......;.................42 _Labor: Materials and Equipment....-",- , „ ,., ......... ;3-6.5 ..- and Easements .................................................. 8:4. Availability of..:::..:: .... ......:..,9.1. 8.4. Reports and Tests.... .....,. ,..8A ......... Laws and Regulations --Laws or Regulations--: _ Bonds .... : . ............... .. . ...... 5.1-5.2" Changes in the Work ............. I .10.4' Contract,Ddcunients ........ .............::.3a CON-RACTOR's Responsibilities..........„........ 6.14- Correction Period,dijeclive Work.':.'...'13 12 CosroGthe Work rases...............................11.4:5t4 definition of......... :............. :..... :.......J.22 general6.I4 - IndemniUation...........:............................6.31-633, I nsurancc :......................................................... 5.3 1'rcccdcnc� ..................... ......... :. 3.1 3:3.3 Reference to....................................................:3.3.1 Safety and Protection- ,:.;.:. ............6:20,,13.2 Subcontractors; Suppliers and Others,,,,.,, „ 6.876:11 Article -or. Paragraph Number Tests and Inspections...................................13.5 Use ofPremises;, ....... ..,",,;,;;,,,;,,,, ,,, ;... _¢16 Visitslto Sita. i Liability Insurance-- � -� CONI RA C"1'Ows............... ........... A OWN1 Rs ......:.. ..................5 5 Licensed Sureties and Insurer $,,,, ................... 53 'Liens -- Application forProgress' Payment .......... :..:....:......14.2 CONI RACPOR's Warraniyof Lrtic:........ ...... 14.3 Final Application Joe Payment..;..;.,, ,,,,,,:14.12 definition of ...... ,1,23 Waiver of Claims: Limitations;on ENGINEER's,authority and ...responsibilities ..:. :....:.... ._:......-.:'.........9.13, Limited Reliance byCON.RAC TOR Authorized......................................................4., 1 Maintenance and Operating Manuals -- Final Application.forPayment...........................14.12 Manuals (of others) -- Precedence.. .................................. ... 3.33. t Reference fo in@ontract,Ikicuments;;,,,,,,, ,,,,j3.1 Materials -and equipment-= furnished by'CONTRACfOR ................................ .3 not incorporated'inVor1C .......................... .....14.2 Mawrials or equipment-equivalent..........................6.7 Mediation (Optional). ......... .. .... j6.7 Milcstones--definition of:.......................................1.24" Miscellaneous-, Computanon.of'rimcs ......... ......... .....17.2 Cumulative Remedies, ....... ............ :...... ... ...:.. 17.4 Giving ..Notice.............................. .. -. 171 \ToiiceofClaim:,,. ......, ..,,,.,173. ProfessionnUces aInd,Court Costs Included .......... 17.5 Multi -prime contracts .................................................. Not Shown or Indicated.,,,:,,,: ..:: ...:...::........a:3.2 Noticr of - .Acceptability of Project ..:........ . ......:..:....:...la 13 Award ,definition of ..................................... .,., t 5 Claim :.: :....:: :..:.17:3. Defects,13.1 Differing . . ur6cc or Physical.Conditioms .4.2..3, Giving :.... ..... . .....:JTI Tests andTnspeclions ...... 13.3 Variation, Shop Drawing and Samplg.................f:27 Not ice IOa. ProCted— definitionof.:...................:....:.........................:A,26 giGingof ..........:........................................... ? 3 L:iCDC GLNFxnL COMMONS 141 o-s (1990cotnori) iv/ OTY OF. FORT COLLINS MODIFICATION'S (RF'V 9/99) 6 Y ;s � F 6g c € '@ s s - m@ �'� °e� Sa c 8 (@ g � � � 5 5 i 5 P a- � a ( A �' � m t � e U 3 Ili ¢ : � V@ j V lj '.. V U' I INotifi6tion to Surety ..............................................10.5 icstifig, independent ......................................... 134 Observations, by ENGINEER ......... ..... 6-30,9.2 -use or occupancy Occupancy of the Work .................... 5.15. 6.30.2.4. 14.10 of the Work ..........................5.15. 6.30.2.4. 14.10 Omissions or acts by CONTRACTOR . ............... 6.9,913. written consent or approval Open Peril policy form, Insurance......... .....5.6.2 required .... ............................... 9.1, 6.3. 11.4 Option to Replace ..................... ...... .... ....... :j 14 Article or Ilaragraph Number 'Oi Equal' Items ..... ................................................ 63 Other work 7 Overtime Worle--prohibition of .............................. ...... 6.3 OWNER-- Acceptance of a��ecfive Work;,,,,,,,,,,,,,,,,, ...... 13.13 'appoint an ENGINEER I .............. 8.i .......... : ..... .... as fiduciary ............................................... 5. 1 2,,5.13 Availability of Land4 responsibility ................. 4-1 definition of ................ ............................... 1,27 data, furnish ........ _ ........ ........................ ........ ;-8.3 May Correct Defecfive INoik..............:.............13.14 May refuse to make payment ... I ................... 4 ..... 14'.7 May Slop the Work ............. ............... May Suspend Work, Terminate . .............. :. ............ V.9. 13.10,.15.1-15.4 Payment, make prompt ...... ............. FJ, '1 -4.4 14. 13 performance of -other work ............... ............... 7..l permits and licenses, requirements,,,, : .... 6.1,3 purchased insurance requiremeraq ............... 5.6-5.10 .' .OWNER!s-- .Acceptance of the Work .............................. 6.3025 Change Orders, obligation to executtv........�8.6, 10.4 Communications 8.1 Coordination of the 7 _.i Disputes. request for d;:cls'1:0'*T'j.'.....*'* : ..................... Inspections, tests and approvals .................. 83. 13.4 Liability Insuranok ..:5'5 Notice Of Defects ..............................................13.1 Representative --During Construction, on, FNGINFER's Status ........... Responsibilities— Asbcstm PCBs.: Petroleum, Hazardous Waste or'Radicactive Material ..8.10 ......... .Change.Orders .............................................8.6 Changes in the Work ...................................10.1 communications ...8.1 ................. CONTRACTOFts responsibilities .................. : .9 evidence of financial arrangements ...... XII inspections, tests and approval;;,,,,,,,,,,,, . ........ ........ �9.7 insurance� ............... ..................... ............ �.5 lands and casements .......................... .......... 8.4 prompt payment by .......................................8.3 rcp�lacern'cot of ENGINEER ............................ 13.2 reports and tests;.,...8.4 �stop or suspend terminate CONTRACTORs services ..separate representativeatsite,,,,,,,,,,,,,, ................ 9. xi EJCDC UNIDO! CONDITIONS 1910 -8 i 1990 wrnom w/ a TY ofrORT COLLINS MODIFICATIONS (RFV 9199) I 1 Article or Paragraph Num her written notice require4 ........................7.1, 9-4, 9-11, .................................... 11.2, 11.9, 14.715.4 PCBs -- definition of .......................................... .. ......... 1.29 gencial, ....................................................... : .... 4: 5 OWNEWs responsibility fee ............................... >Jo Partial Utilization - definition of.., ........................ ......... :.: ......... : ... J.28 general 6.30.2.4, 14.10 Property Insurance- ...... ....... ................ ; ........ * 5:15 Patent Fees and Royalties ................ I...................... 6.12 Payment Bonds . .................................................. Payments; Recommendation of .............. 14.4:14.7, 14.13 Payments to CONTRACTOR and Completion -- Application for ProgressPsyments ...................... 14,2 coml-RACIbICs Warranty.ol"fitic ................... ) 4:3 Final Application for Payment ......................... J4A2 Flinn I -inspection ..............................................14.11.. Final Payment and Acceptanw.., ......... 1 4.13-14.14 general....................... ................................. $J, 14 Partial Utilization 14.10 Retains.c .......................................................... -9 Review of Applications for Progress Payments ............... ..... ..... 14.4-14:7 prompt payment ................................................. ?.3 Schedule of Values .... ; ... w ............... I ............. ; 14.1 Substantial Completion ......... ...... ............. 14.8-14.9 Waiver of Claims ............................................ 14.15 when payments due ................................. 14.4, 14.13 withholding payment ........................................14.7 Performance Bends ............ ........................... 5.1-5.2 Permits...................... 0 ............. ................ ....... 6.13 Petroleum -- definition of ..................................................... J30 general ; 4.5 OWN�JER's responsibility for ........ : ...................... 8.10 Physical Conditions - Drawings of. in or relating to ........................ :4.2.1.2 ENGIINFER's review ....... ................................. 4.2.4 existing structures ...................... ...................... :4.2:2 general4.2..1.2... ..... ...................... .......... Notice of Differing Subsurface or ......... .......... Possible Contract Documents Change ......... �.4.23 ...... 9.2.5 Possible Price and Times Adjustments .... ......... A.16 Reports and Drawings .... ................. ......... : .4.2.1 Subsurface and. .................................................. 4-2 Subsurface Conditions ................................... 4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized 4. 2.2 Underground Facilities - general......................................................... 43 Not S6wn,or Indicaed , ............. : .... ...... .... 43.2 Protection of ..........4.3, 6.20 xii Articleor Paragraph Number Shown or Indicated 4.3.1 Technical Data 4.2.2 Preconstructibn Conference ................................... .... 2.8 Preliminary Matters ..................................... I Prelim ihaq. Schcdulcil ........................................ I ............ 2.6 Premises. Use of ........................ .......... o ....... _6.16-6.18 Price, Change of Contrack ........................... .............. I I .Price, Contract -definition of ................. :..., .............. 1.11 Progress Payment; Applications for ..........................14.2 Progrcss Payffient-4ctal . nagq,, .................... ............ 14:2 Progress schedule; MN'rRACTOR's............ 1.6, 2.8, 2.9; ...................... ... 6.6-629. 10.4. 15.2.1 Project-cl&rmition of ....... I ............ I ........................ :Projict Representative- ENGINEER!s Status During ConstructioR ............ 9.3 IYrjcci Representative: of- .... 1.33 .,Rcsidcnf--definition prompt payment by.QWNFP ...... ; .............. ; ............... 8.3 .property Insurance - Additional 5.7 gencral5.6-5. 10 Partial Utilization 5.15. 14.10.2 receipt and application rof proceeds ............. 5.12-5.13 Protection, Safety and .............................. 6.20-6.21, 13. . 2 Punch list ................ ............................... ....... 14.11 Radioactive :Nlawrial- definition of 1.32 gencral4.5 OWNER'S responsibility foyr ................. ; ............ $.lo Recommendation of Payment.................1 .. 14.4, 14.3, 4.13 Record Documents ......................................... 6.19, 14.1 2. Records, procedures fix maintaining ........................... ).S. Reference Points .......................................................4.4 :Reference to Standards and Sfimifications - of Technical Societies 3.3 Regilaticiris, Laws and (or) ......................................6.14 Rejecting Defective , Work_......................................... 9..6 .Related WYrk atSite; .................. ; ...................................... 7.1-7.3 Performed prior to Shbp Drawings and Samples submittals review ..................... j5.28 Remedies: cumulative, ..................................... 17.4.,17.5 Rem,oval-or Correction of0qfw . tivaWork............... J3.11 ,rental agreements. OWNER approval required .... 11.4.5.3 replacement of ENGINEER- by OWNEK... ........ ....... x.2 'Reporiing and 'Resolving Discrepancies....................... ; .........2.5, 3.3.2,'6.14.2 Reports - and Drawings : ........... .............. ................. I and Tests. OWNWs responsibility ..................... 8A .Resident and Project. Representative -- definition of : i L33 provision for ............................................................. 9.3 LJCDCGLNEKALtOM)ITIO\Z]910-gl)99O EDITION) W/ CM OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number Resident Superintendent, CONI TRACfORs...............62 Responsibilities— CONTRACTOR's•in general..:::.....................I....... 6 ENGINEER's-in general .................. 9 Lim ilations'an...............:.............................9,13. OWNER's-in general...:..:::.:...:.:..:.:..:...:......::....:.8 Retainage.............................................. .....1.5.2 Reuse of Documents _ - .„.,_3.7 Review by CON'fRACI OR: ShopJhawmgs .and Samples Prior to.Submittal ................:.....:.b:25 Review of Applications for Progress Payments ......................... ............14.4-14.7 Right to an adjustment .......... .....:....... ............... :..... IO.2 Rights of Way . ........................... ................. ............. 4.1. Royalties, Patent Fees anO...................................... G.12 Safe Structural-Loading..........................................6.18 Safety — and 'Protection ................ „ ....4.3.2, 6.16, 6.18, ................. .......... .......... :6.20-6.21. 7.2. 13.2 general ................................................... : G.20-6`23 Representative, CONTRACTOR'i.......................0.21 Samples-- ' defmition o1......................................................1.34 general ... :.................. :................... :........... 0.24-6.28 Review by CONTRACTOR ............................... 6.25 Review by F.NGINTFF.R ..............................0.26, 6.27 related Work.....................................................G:28 .submittal of ....................................... 6:^_4.2 submittal procedures............::............................6.25 Schedule of progress ..... ......16. 2:8-2.9. 6.6: G 29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals,,,,,,,,,,,,,,,,,,,; .2,6,2.8-2.9; 6.246.28 Schedule of Values .............. 4.............. :2 6, 2.8-2.9, 14.1 Schedules - Adherence to ......: .........15:2.1' Adjusting ...................4..... .................0.6 Change of Contract Time;;,;,,,,,;;::.... - .....1 OA Initially Axptable......, 8 9 preliminary .....::..........:... ....................... .......:..2.6 Scope of Changes ...................................... 10.3.10.4 Subsurface Conditions ...:..:...:..:...,;.:„:,,,,; ,,,,,,,,,:3.2:1.1. Shop Drnwmgs-= and Samples, general,,.;,, ...... G:24-G;28 Change Orders. S Applications for Payments, and ................................ ......... 9.7-9.9 definition of.....................................................1:35 ENGINFFR's approval of... .. . ..... 4 ...... 3.6.2 ENGINEER's responsibility for review ..................................... 9.7, 6.246.28 related Work :..................:...::.. . ........... 4.......... G.28 review procedures! ............................... 2.8, 6.J4.6.28 YIII Article or Paragraph Number subm itul7equved :6.^-4.1 Submittal Procedures ..._ ...:.................._....... 6.25 use to approve substitutions„ ................._......_.6.7.3 Shown or Indica[ed.......:....:.:.........:.......:.:...:.::.:.. .3.1 '$ite Access,_ .. .....: .:...:7:2; ...I ................. - 13.2 Site Cleanliness..........................................:...........6.17 Site, Visits to — by 1INGINEER.......................................... 9.2, 13.2 by others 13.2 "special causes of loss" policy form, -insurance ,.:.......................:.:..:.:.::...:.5.6.2 definition oC........................:.............................I-36 Specifications-- de fm at i onof .............:.......:...:...:....:...:.:............1.36. of Technical Societies,, reference. to ..................3.3.1 '. precedence., .................................................... 3.13, Standards and Specifications of Technical Societies; 3.3 Starting Construction, Before ......................... Starting the Work ................................. :........ ...:....._2.4 Slop or Suspend Work-- by CONTRA(7rOR ........................................... 15.5 -by0\VNPR ..........:..:... 8 $ 13.10, 15.1 Storage of materials and twiprnei4.....................4.1, 7.2 Structural Leading. Safety .................. :............. ::....JAS Subcontractor — Concerning ............ .................................... 6.8-6.11 definition of.....................................................).37 delays ..................... :. ..................................... 12.3 waiver of rights, ..................... * .......... ............... I Subcontractors —in general.,.,,.._,,,,.. .....6.8-6.11 Subcontracts --required provisions.,,, a 11 6.11, 11.4.3 Saw ittals-- Applications for Payment:................................14.2 Maintcnanceand Operation Manuals . ,,_, 14.13 Procedures 6.25, Progress. Schedules..._ .......... .......'.:2.6..2.9 Samples ...................................................0.246.28 Schedule of Values,,, 6 14.1 Schedule of Shop Drawings and Samples $Ulm li4mn4 ...........'2.6, 2.8--2:9 Shop Draudngs........................................ 6.246.28 Substantial Completion-- ceriificationof ... 63023,,14.8-14.9 definition of J.38 Substitute'Construction Methods or Procedure;..,.,:- 6:7.2, Substitutes and "Or Equal" Items...............................6.7 CONTRACTOR's E.rpettu.... 4................ ....... ¢.7.13 ENGINFF.R's Evnluanon 6.7.3 "Or -Equal" ...:........................... .. .. . ................ ..6.7.1.1 Substitute Construction Methods R)CDC GLNEM CONDITIONS 1910-8 (1990 EDIT 0NI w/ CITY OF FORTCOUINS MODIFICATIONS (RF.V 9/99) .Article or Paragraph Numbd or Procedures ......................... _, ........ : .... 017.2 Subsiiftnc:ltcms ............................................ 6.7.1.2 Subsurface and Physical Conditions - Drawings of, in or, rcluthg to........_ ..... ........ A.2.1.2 ENGINEL�Rs Review 4i.2.4 general ... . .. ... .... .. . .... ....... 4.T Limited ii;lia'n*ce"by'iCO,N*T*R.Pt'CT6P,* Authorized 4.2.2 Notice of Differing Subsurface or Physicul Ccinditibris .................... : ............. : ....... 4.2. 3 Physical C6nditions .................. .................... 4.2.1.2 Possible Contract Docum ents Change .......... .... 4.2.5 Possible Price andTimes Adjustrit mis ............... 426 .Reports and Drawingq................. ..................... 4.2.1 Subsurface and........ ........................... ;..: ............. 4.2 Subsurface Conditions at the Site .... .............. 4.2.1.1 Technical Datak .................... ; ............ 4.2.2 Supervision- CONTRACTOR!s responsibility.......- .... 6.1 OWNER shall not supervise ................................8.9 ENGINFER shall not supervisq ................ 9.2, 9.13.2- Superintendence ...... I ................................................ 16.2. Superintendent, CONITRACTORs resident ......... ....... 6.2 Supplemental costs . ......... ......... ....... ............... ; ....... 11.4.5 Supplementary Conditions - definition of .................................................... :1.39 principal references to .................1.16, 1.18, 2.2, 2.7, ......................4.2, 4.3, 5.1, 5.3, 5.4, 5.6-5.9, ................. 5.11.,6.8. 6.13, 7.4, 8.11, 9.3. 9.10 Supplementing Contract Documents ..........................j.6 Supplier - definition of.....................................................1.40 principal references to ........... 3. 7, 6'5, 6 S-6:11, 6 20, ..........................................6.24, 9.13, 14.12 Waivei of Rights ...............................................6.11 Surety- consetif to final payment ....................... J4.12, 14.14 FNGTNTFFR has no duty to ................... ......... : .... 9.13 .Notification of ......................... * ........ IOA7 110.5, 15:�. qualification Of ................................. ....... E .... 5.175.3 Survival of Obligations ...........................................6.34 Suspend Work: OWNER May .......... z ......... ;-J]1.10. 15.1 Suspension of Work and Termination-.... ................... 15 CONTRACTOR May Stop Work. or Terminate. OWNF , k May Suspend Work,: ... ...................... 5.1 OWNER May Tcrminate....................... ... _1 5.2-15.4 Taxes--Pnyment by CON'I'PACTOR ........................ 6.15 Technical Data+ - Limited Reliance by CONTRKCTOR .................. 4. 2. -2 Possible Price and Times Adjustrnc�nti ........... _ j4.2.6 Reports of Dif6cring Subsurface and. Physical Conditions, ...................... ............ 4.13 Temporary construction facilities ............................... 4.1 Artick or Paragraph Number Term inationt- by CONTRACTOR 15.5 by OWNER , 15.1-15.4 o (EN(GiNEEWs employment ............................... $'.2 Suspension of Work-in general .............................. 1,5 Terms and Adjectives, ......... ..3.4 ........... Tests and Inspections - Access to the Work, by others. ........... 13:2, CONfRAC I fOR's responsibilities . . ....................... 13.5 cost of 13.4 covering Work prior to .............................. 13.6-13:7, Laws and Regulations (or)., ... ; ................. : ...... 13.5 Notice,of Defects__ .......................................- 13.1 OWNER May, Sto ,p Work 13.10 OWNFR's independent testing ......................... JA special, required by ENGI NHER .............. ........... 9-6 timely notice required. .............. ........................ 13.4 Uncovering the Work, at ENIGINEERs request ........................................... 118,13.9, Times - Adjusting........................................................... 0:6 Change of Contract ...........................I................. .................. 12 Computation of ............................................. 17.2 Contract Times --definition of 12 day......................................................... J.7.2.2 Milestones ........... .................................... )2 Acquirements -- . appeals................................... 10, 16 clarifications, claims and disputes ................. P. 11. 11.2. 12 Commencement of Contract Times ................ . 2.3, Prcconstruction Conference 12.8 schedules.;;..................... ....E ... 2.6,22.9, 6.6 Starting the Work .......................................... 14, Title. WHrranLy of ................ ............ Uncovering Work ............................................. 13.8-13.5i Underground Facilities, Physical - Conditi6ts- definition of ...................................................... 1.41 Not Shown Or Indicated 43.2 protection of...... ......... ..............43, 6.20 Shown or Indicated ...................................... 4.3.1 Unit Price Work - claims 1.9.3 definition of ................ .......................... j.42 general 11.9. 14.1. 14.5 Unit prices - general 11.3.1 Determination fir 9.10 Use of Premiscsj ................................6.16, 6.181 6.30.2.4 Utility owners ............................. 6. 13; &20, 7.1- 7.3,13.2 Utilization. Partial ........... ........ I. -IS, 5.15. 6.302A, 14.10 Value of the Work.; .................................................. 11.3 Values. Schedule o(-. ............... :1.6.2.8-2.9. 141 LJCDC GCNIU(AL CONDITIONS 1910 -8 (1990 LD1-npN) w/ CITY OF FORT C011INS MODIFICATION'S (REV, 91W) I I IVariations in Work --Minor Authorized Article or Paragraph Number Visits -to Site-mby ENGLNEER:..........:.._..........,........ 9.1 Waiver oCClaims-on Final Nyment ........ _ ............ 14.15 "Waiver of Rights by insurea partic.5.. ,...: ........... 5AI-1-6:11 Warranty and Guarantee General - , -by CONTRACTOR ........ ................ ....... .............. 0:30 .Warranty of Title, CONTRACTOR!s ......... Wbrk-- Access byothers ................................ .............. 7 Chmiges in the ....... ............... 1 0 . .............. i � Continuing the ....................................... w ....... CONTRACTOR May Stop Work or Terminate Coordination of... ................................................ 7-4 Cdst. of the ll..4:11.5 definition of ........................................ I .............. IA3 neglected by. CONTRACTOR ................ ....... :.:.13:14 jotherWork ......................................... .................. 7, OWNER May Stop Work .-_ ................ : .......... 13.10 OWNF R IN/lay Suspend Work. .................. j 3.10, 15.1. Rclawd, Work at Site ..................................... 7.1-7.3 'Starting the, ........ .......................... ... �24 Stopping by CONTRACTOR .............................15.5 Stopping bX OWNER ....... ; ......... ....... 15.1-15.4 Variation and deviation authorized. mmoc... ....... 3.6 Wor k Change Directive — claims pursuant to . ............................................ 701 definition of .............. ......... ............................... 1.44 principal references to ..................... 5 . �.3, 10.1-10.2 Written Amendment-- definition*of....., ............................ .................... A-15 principal references to .............. 1.10,3.5,5.10,15.12, ......... ; ............... 0.6.2,-6.8 2, 6.1911,01,10.4, ...... *** ........... * .... jL2, 12.1, 13.12.2,14.7.2 Written Clarifications and Interpretatt. . ns o ...... ..................... ; .... 3,.6.3.9.4.9.11 .. .".; WrittenNotice Required_ by CONTRACTOR .... ; ............. ........... 7. j� 9.10-9.11, ........................................... by OWNER'.. .i ...... : ....... 9.10.9 A], 10.4, 11.2 13:14 I I I w I 156k diii4OULL CCPNDIIIONIS i910-s II*EDrn6NI w/ CITY OF FORT COLLINS NIODIFICATIONS(MV 410) ,(rhii oage left hlafik ini&nticm'A), -mi EJCDC GLNIKRALCONDITIONS 1910.-.8,(1990EDITPON) W/ OTY 6F FORTCOLLINS MODIFICATIONS (:RFV,9f99) I I I I I I I I GENERAL CONDITIONS ARTICLE 1—DEFEMTIOi\S Wherevar"used:in'tkese General'Conditions'or'in the other Contract Documents the following . terms have the meanings; indicated which ,are applicableYo: both the .singular and plural thereof.• 1.1, Addenda --Written or graphic •intitruments'issued prior to the, opening of Bids .which clarify, correct or. change. the .Bidding '.Requirements or the 'Contract Dona mertm, - .... am 1.5. Agreenierii-'fhc written cond-aet`txiwecn OlA'NE.R CONTRACTOR covering the Work to be performed: other Contract Documents arc anached'to the Agreement and made a part thereof as provided therein.. 1.3. Application, for PatmuM—'I'hc, form acceptod by FIGINFY.R. which is to be used by CONTRAC1'OR..in requesting progress or final..payments and which is -to be accompanied by such supporting dots mentation as is required by the Contract Documents, 1.4. Asbestos --Any material that contains more than one Percent asbestos and is 6iable'or"is releasing asbestos fibers into the mr above curiem action levels established bythe United States Occupational Safety and ' Health. Adthinistration. 1.5. Bid -The offer or proposal of the bidder sulanit[ed on the prescribed form setting forth the'prices for the Work- to beperformed.. 1.6. Biddrnp, Documents=The advertisement or invitation to Bid, instructionts.to bidders, the Bid form, and the.proposed Contras Documents (irkludirg all 'Addenda, issued prior to receipt of Bids). 1.7. Bidding RegjdiemenLv--Thc advertisement or invitation to Bid, inswaio u io bidders, and the Bid form. 1.8. Boas'-Performance-and*Paymem bonds and other instruments of security. 1.9. , Change ,. Order:A document recommended .b5 LNGINCEIC which is s4'ined, by: CONTRACTOR and OWNER ihd authorize an addition deletion or revision in the Work, or an adjustment in the Contras Price or the Contract Times, issued on or after the Effective Daie of the Agreement 1.10. Contra Documents -The' Agreement,. Addenda (which pertain to 'the Contract Dowments); CONI'RACI'OR's .Bid - (including documentation accTpanyii ' the; Bid. ant. any. post Bid documentation submitted prior to the Noiice.of.Award) when attached as: an,cdiibtt m thc'Agroemcnt_,the Notice to Proceed, the Bonds, these General Conditions: the Supplementary Conditions, the Specifications and the Dmuings as the. EJCOCOEN8.1L COMXMOM 1910.8 (1990 Edition) wt 6TY OF. FORT COLUM NtOOn•7CATIONS (KLV14t1000t same are more, specifically identified:in the Agreement, :together with all Written AmenhnenK Change Orders; Work Change Directives; Field Orders and ENGINEER''` written interpretations and clarifications issued pursuant to paragraphs3.5; 36.1 and.36.3 on or alter.the Effective; Date of the Agreement: Shop Drawing 'submitiaLs approved pursuantto paragraphs 6.26 and .6.37 and the reports and drawifigs refened'to in'pamgraphs 4.2:1 and' 4 22 are not Contras Documents; LIL. Commci 'Price —The moneys payable. by OWNER to CONTRACTOR for completion of the Wa- in accordance.tvith'die. Conimet Liccuments a- stated in the Agreemenni. (subject _Ao the provisions of pemgmph.11.9.1 m the'case of Unit Price Work); I N Contract Times-'ncc numbeis of days, or the. dates stated in the Agreement: (i) to achieve Substaetial Completion, and (ii),to eomplete'the Work so that A is `ready for finial payment as evidenced by hNGINEER's; written recomrnendeuon of final payment UiV accoidarice with pamgmph.l4.13.. 1-.13.. 'CONTRACTOR --The. Person, firm orcorporation with whom OWNI,R has cmaed into the, Agreement. 1.14.. defective An. idjectiic which when modifying. the word Work refers to Work that is urioiisfictory, faulty or deficient in that it does not conform to the Contract DgcirmenL% or does not meet the, requircments''of any ,inspection, reference smndiird, test or approval -referred to. ,in is contract Docmmienis, or has been damaged prior to: ENG,rEER's recommendation of.firtil payment (unless: responsibility for the protection thereof has been assumed by OWNER at Substantial Completion, in accordance with paragraph 14.8:or 14.10). I.M. Dmivings--The drawings:which'show,the scope. tnaent .and chamcter. of the Woi& to be furnished and performed by CONTRACTOR, and which have been ov prepared or.appred by ENOWEER and are referred to in the Contras Documents. Shop dmwingi;'.are not Drawings as so defined 1.16., Effective .Date :of die Agreement_ The date indicated in the Agreement on which it b&omes effective. :bin if no such date is indicated n means the date on which the Agreement is signed and delivered by the last.of the, two parties to sign and deliver. -1.17.. ENGArEER—The person, firm of corporation named as such in the Agreement. 1.18. ENGINEER'' .Caxndtani—A person, firm or: aiiporation having a contract with. ENGINEER to furnish servitrs as ENGINEER's independent professional associate or oorostillant with respect to the Piojes aml who, is identified as such in Supplementary Conditions. 1.19., Field Order, —A written order issued by ENGINEER wluch.orders minior'changes in the Work in accordance with pamgmph 9.5 but which does not involve. a change in the Contract or the Conuacl Times: I 120. Gem nal Requirements -Sections of Division l of the. Specifications. 121. Ha:ardaus Waste -The term -llazardcus Waste shall have' the meaning provided M Section 1004 of the Solid Wasteahspasal Act (42 USC Section 6963)' as emended from time to lime: a. Laws and Regulations; Lairs or Regalaiions-Any and all applicable laws, rules. regulations. ordinance codes apd orders of any and ,all govemmenWl. bodies agencies, authorities end counshevmg jurisdiction I??.b. Legal llolidays-shall be those hdidays observed bv� the Citv.of Fort Collins. - - - -- 123. Lies -Liens: charges. 'security interests or encumbrances upon real property or licrsonal property.. 1 Via. d4ilesione--A. principal event +.specified An; the Contract Documents relating town intermediate completion date or time prior to Substantial Completion of all the. Work. 1 25. Nn6ee ofAward-A written notice by OWNER to. the apparent successful bidder stating that upon compliance' by the apparent successful bidder with the conditions precedent enumerated therein,. within the time specified, OWNER will sign and deliver the Agreement. 1.26.. ,Notice; to Proceed -A written Potice given by OWNER io CONTRAC"i'OR (with a copy to.FNGINEF,R) fixing the date on which the Contract Times will. commence to rum and on which COMI'RACTOR.shall'start to perform: CONTRACTOR'S 'Aligntiorts under the Contract Documents. 1.27: 01112\L•R-The public body . or- _authority, corporation, association. Cum or person' with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be -provided. 1.28. Partial' Utilisation -Use bv_ OWNER of 'a substantially completed part:of the 'Work 'for 'the purpose for which it is intended "(or a related purpose), prior to Substantial Completion of all the Woe: 1.29. PCBs -Polychlorinated biphenyls.. 1.30. Petrolemn--Petroleum; indudug crude oil,orany fraction thereof which is liquid at standard conditions of temperature and pressure (60 .degrees Fahrenheit arid 14-7 pounds per 'square meteabsolute); such as, oil, petroleum: fuel oil. oil sludge, oil refuse, gasoline, kerosene -and oil mixed with other non-IIazardousWastes and 'crude oils. 1:31. iY4ect-The total cohstructioe'of which tine Work to be provided under the Contract'Documents may be the whole, or a part as indicated elsewhere in'the Contract; Documents. 1.321: Ra&ouclnYdf6teiidl-Source.; special nuclear; at byproductmaterialas defined by theAiomie Energy Act of ''CDC GENF]t.1L CONDITIONS 191". (1990 Edtioal wtC1TY OF FORT COLLIM MODIFICATIONS (REV 4r1000) 1954 (42USC Section 2011 et seq.) as amended from .time to time: 1 32:b: Reydar Working Hours -=Regular working hours are defined. as 7:0Wtn to 6:00pin unless otherwise:. specified in the Geneml Requirements: 1.33. Resided-Prvfeel;Repivsentarive-The authorized representative of ENGINEF-R who may be assigned to thud site or any -part thcreoll - - 1.34. Sainp/es-Pliysici l wimples of, materials; equipment, -.or workma�ip that' are ."represet 1166 a of some portion of the Work and which establish. the. standards'.by,which such portion. of the Work" will be: judged. 1.35.. .Shop Diniiings�—All drawings; diagrams„ illustrations, schedules and otherdata- or information ;which,arc specifically prepared or assembled. by or for CONTRACTOR- and submitted by' CONTRACTOR to, illustrate_some portion of the Work. 136. ;Specifications -Those. portions of the Contract' Documents consisting of written technical descriptions of materials, oquipment, constructtat systems, standards and' workmanship as applied to the 'Wark and certain, administrative detaiLs applicnble.thtseto. 137., .Subcontractor -An individuai,.firm or corporation. having a direct contract with comTRACTOR or with any other Sutioevitractor for"the lierfnrmince of a part of the, Work at the site: 1.38, :Submantiai Compleion--Thc Work (or a specified part themol) has progressed to the point where, in the opinion of ENGINEER as evidence- by ENGINEER's , definitive certificate, of Substantial Completion, if is sufficiently complete, in accordance with the Contract Documents; so that -the Work (or specified .part) can be'utilized for the purposes for which it is intended, or if no such certificate is issued,, when, the' Work is complete and ;ready for 'final payment as evidenced by ENGi1,TUR's written recommendation of final payment in accordance with paragraph 14:13. The tenn"s stibstantialiy complete" and *substantially completed" as:applied to all or part of.the Work refer to; 139. Supplementary, Conditions -The pan of, the. Contract Documents which;am-nds or supplements these' cencraI.Conditioru. 140: Supplier --A manufaciurer. fabricator: supplier,-,. distributor, materialman or vendor having a direct coniract. with CONTRACTOR - or with: any Subcuraractdr -to :furnish materials or equipment to be'incorporated "in the Work by CONTRACTOR or erry Subcontractor. 141. Underground Facililies-.all pipelines, 'conduits, ducts, cables: "wires, manholes vaults, tales, :turmcls of other such facilities or attachments, and any cricasatuents_. containing such _ facilities which We been 'installedunderground io+furnish any of the following services or materials: electricity. gases.. steam. :liquid petroleum products, telephone or other communications, cable television sewage and drainage removal. traffic or other ootarol systems or water. 1.42. Unit Ptice Work -Work to he. paid for om the basis of unit prices. 1.43. IVork-The emire completed: construction or the various separately identifiable parts thereof required to; be furnished under the Contract.Documents." Work includes aril is the result.of kfarmmg or furnishing labor and furnishing ardvicorrppoorating materials and. equipment into rt. the coruction, arRl performing or furnishing services and Garnishing idocuments� all as required by the Coritmct Documents... 1.44. Mork Clrmrge lXniciive-A written directive to CONTRACTOR. issued on oralter the Effective. Date of the 'Agreement and sighted by.OWNER' and recommended by ENGINEER ordering an addition. deletion ce'revision in the Work, or "responding to differing or unforeseen physical conditions under which the. Work is. to be performed as provided in paragraph 4.2 or 4.3 or to .emergencies under paragraph 6.23, .A, Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties. expect that the charge directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations.by the parties as toits effect if any, on the ,Contract Price or Contract Times as. provided in paragraph 10.1 _ 1.45. Written Amenbnent-A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on'or after the'EtTective Date of the Agreement and normally dealing with the norcnginee6rig or rwmechnical rather than strictly construction -related aspects of the Contract.Documents. ARTICLE 2-PRELIMMARY \TATTERS DeGrery ojBonrdr: Z.1. Whan CONTRACTOR delivers the executed Agreements to OWNER CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to,fumish'in accordance with paragraph 5.1. Copies of Docitmmix 2.2 OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necersary for the execution of the Wok. Additional copies will be furnished. upon request at the cot of reproduction. Commencement of Contract Times; Nexiee to Proceed 23. The Contract Times will commence to'run 'on the. thirtieth day nfier the Mdiive Date of the agreement, or EXIXGENETAL CONI)1 not.B 191o$ (t990 Edtaim) V aTY OF. FORT COLUMMODIFICATIONS dRL•V V20001 if a Notice to Proceed is given. on the day, indicated in the Notice to proceed. A Notice to proceed may be given at any time tvithin thirty days alter the.Eflective Date of the Agreement 'r., - - - ..:11 .d... COMF..61 M. T:....-. aemmette Rev -the day of -Bid opening or -the thiiti th dava.ter-the•Fffeative-Date Hof the Agrcemrnt,-whicFtererdatris earlier: Starting the Work: 2.4. CONTRACTOR shall start to perform .the Work' on thedatod when' the:Contmct Times commertce to run.. but no Work shall be done at the site prior to the date on wNch the Contract Times commerce to run. Before Starting Constiuctwm: 2.5. Bcforc undenakiing each pp n of thc. Work,. CONI'RACI'OR shall carefully" stuJy and compare the Contract. Doctitttents and check and verify pertinent, figures shown therecin and all applicable Geld measurements CONTRACTOR'shall promptly report in writing to FNGINEFR any conflict; error, ambiguity or discrepancy which CONTRACTOR. may discover and .shall "obtain a written interpretation or clarification. from F.NGINFF.R before proceeding with any Work affected thereby; however, C:ONTRACfOR shall rhat tic liable to OWNER or FNGINEFR for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew orreasonably should have known thereof. 2.6. Within ten days after the Effective. Date of the Agreement '(unless otherwise specified in the Gcneml Rcgttirancitts), CONTRACTOR shall submit to ENGINEER for review;. 2.6.1. a preliminary piogress.schedule indicating; the times (numbers of days or dates) fair starting and completing tno various stages of the Work,. inehic ing. any Milestones specifded_in the Contract Documems; 2.6.2. a preliminary schedule of Shop Drawing and, "Sample submittalswhich will list each required submittal and the'tiins for submitting, reviewing and. processing such submittal; . 2.621. In no case will a schedule be acceptable which allows less than 21 calendar dies for each review by E neineer. 163. A preliminary schedule of.values for all of the Wok which will include quantities and pries of. items aggregating the Contract Riceand will subdivide the Work into component parts in sufficient detail to serve as the.. basis for progress .payments, during construction Such' prices will include an appropriate amount of overhead and profit applicable' to each item of Work., 2.7. Before any Work ;at the site is. started., 'CONTRACTOR and=9WN5R shall eaeh deliver. to the otter OWNER with copies to identified in 11 ntary Canditiottc.F:N(HNVF:R ceitificates of uaurairy (and other evidence of insurance tvkiah iidditional insured MR], requested by OWNER) which CONTRACTOR ••-' ^`MR spiwuvnWara is required to porch= and maintain .in accorance with paragraphs 5.4,-5:¢and 54, Preconssraction Conference:' 2.8. Within twenty days after the contractTimes start to run, but before am Work enthe site is started, a conference attended by CONTRACTOR ENGINEER and others as appropriate: will .be held- to establish a, 'Working understanding among the partics. as to the Work and to discus the schedules referred to iri paragraph 2,6; procedures for handling; Shop. Drawingsand other submittals processing Appfitatiots for Payment and maintaining required records. Initiallt•AcceptaMe Scheduler. 2.9. Unless otherwise provided in the .Contract Documents, before any work at the rite begins. a conference attended by CONTRACTOR, FNGINF.FR, and others as pdcsnanated by OW'NF& will be. held to review tor acceptability to FNGINFER as provided, below the schedules submitted in accordance with paragraph 2.6. and Division I - General Requirements CONTRACTOR shall have an additional ten days to make corrections and edjustmems and io eomplete,nnd resubmit. the schedules. No, prggress payment shall Ix: made to- CONTRACfOR uml the schedules arc submitted to and acceptable to ENGINEERas provided; below. The ,progress schedule will he accepmbee to FNGRMFR. as providing an orderly progression_ of the Work to completion within arty specified Milestones and tltc Contract Times, but such accept.•intce twill neither impose on ENGINEER responsibility for the sxeyquenc scheduling or progress of the Work nor interfere w1%, or relieve CONTRACTOR from CONTRACCTOR's: full responisibdity therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINF.F.R as providing a workable arrangement for reviewing and ,processing- the required submittals CONTRACTOR's schedule of values will be acceptable to ]I 7G13,41 R as to form and substance. ARTICLE 3-CONTRACT DOCU\IENTS: UfFEINT, AMENDLNG; REUSE Intent: 3.1. The Contract. Documents comprise the entire. agreement between OWNER and CONTRACTOR concerning the Word: The_Coniracl Documents are oomplementiary; what is called for 'byone ;is as biridh as. if called for by all. The Contrari Documents will be construed in accordance with the law'of the, place_of the Project. 3.2. It is the intern of the Contract Documents to EX -DC (;E'NFR.1L CONDInOhS 191U3 (I M Ed time w/ MY OF FORT COLLt1S MODIFICATIONS ntliv4Qo00) describe a functionally'complete project (or pan thereof)' to be constructed yr accordance with the Contract Documents. Any Work materials or, eyuipmem.thal may reasonably be inferred from the Contract Doeuments.or Irom preveifittg, custom or trade usage as being required to "produce the mtended�result, will. be furnished and performed Whether or not' specifically called for. When words or phrases which have a wefl-known teclnical or construction industry or 'trade meaning are used to describe Work• mateiads,or equipment such words or phrases shall be interpreted in accordance With that meaning. Clarifications. and interpretations of the Contract Documents shall be issued by.FNGINFER as provided in paragraph 9.4. 33. Reference to Standards and, Specifroadans of Technical Societies Reporting and Resolving: "Discrepancies: 3.3.1. Reference to standards, specifications,. manuals or codes of any technical society. organization orassociation, or m the Laws,or Regulations of any governmental authority; whether such reference be; specific or by implication. shall -mean the latest standard, specification, manual,. code or Laws. or Regulations in effect at the time of opening of Bids (or,. on the'Effcctive [)ate of the Agreement if there were no Bits), eRoept'.as may be otherwise specifically stated in the Contract Documents. 3.372. IC during the performance of the; Work, CONTRACTOR discovers, any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such. Law or Regulation applicable to the performance of the Work or of any suchstanidard, spccificatiisi, manual or code orofmy instruction of any, Supplier referred to in paragraph 6:5, CONTRACTOR stall report it to ENGINEER in writing at, once, arid, CONTRACTOR shall - not. proceed with the Work affected thereby (except in an emergency as authorized by parag aph 6.23) until an amendment or supplement to the Conttract Documents. has been issued by one of the methods indicated in paragraph 3.5 or 16,; provided, however; that CONTRACTOR shall not be liable to OWNER or ENGI MR' for failure to report. any such conflict, error, nbiguity des discrepancy unlessCONTRnACTOR knew or reasonably should have known thereof 3.3.3. Except as otherwise specifically stated in the Contract Documents o as may be, provided by amendment or supplement thereto issued by one_of the methods indicated in paragraph 3.5 or 3.6, the: provision of the -:Contract Documents shalltake precedence in resolving any conflict, error. ambiguity or discrepancy between the provisions of the. Contract Documents and: 33.3.1. the' provisions oC any such shndaa specification, manual, code minstruction'(whethcr or not specifically incorporated by reference in the Ccarnet Documents); or SUPPLEMENTS TO BID FORMS 00430 Schedule of Subcontractors 1 1 1 1 1 I 1 e I I 3.3.3.2. the provisions' of any such Laws or Regulations applicable to the performanCC of the Work (Unless such an interpretation of the. provisions of the Contract Documents would result in violation of such Law or Regulation), No provision of an), such standard specification, manual, code or instruction shall be'ellective to change the duties end resporsibifi6 s of OWNER, CONTRACTOR or FNGIiNMR, or any of their subcontractors; consulants, agents or employees from those set. forth in the Contract Documents, nor shall it be effective to assign to OWNER, FNGfNEER of any of ENGiNF.F.R's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Wherever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terns of like etTect or.impon are used, or the adjectives "reasonable "suitable", "acceptable% "proper" or "satisfactory' or adjectives of like effector import arc used to describe a requirement, direction, review,or judgment of ENGINEER as to the Work, it.is intended that s CK requirement, direction, review or. judgment will be solely to evaluate, in geueml, the completed Work for compliance with the requirements bf and information in the Contract Documents and conformance with. the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement i dilating otherwise). The use of any such term or adjective shall not becMvive to assign to 04GINEER any duty or authority to supervise or direct the fumishmg or performance of the Work or any duty or authority to undertake responsibility cesmary to the provisions of paragraph 9-13 or, any other provision of the Contract Documents. Amending+and Sappkmenting Coniracr Docvmenrs 3.5. The Contract Documents may .be amended to provide for additions, deletiormand revisions in the Work. or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a fannal Written Amendment 3.5.2. 'a Change Order (pursuant to pamg mph IU.4). or e 71)GU NMALCONIXTIO g1v1os (iOWEMM) coy CITY OF FORT COW NS MOMWATIONS IREV-12000) 3.5.3. a 'Work' .Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the, requirements of, the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in am or more of the followingmays: 3.6.1. A Field Order (pursuant to paragraph 9.5j 3.6.2. ENGINGER's approval of a Shop Drawing or Sample (pursuant to, paragraphs 6.26 and 6.27). or 3.6.3. ENGINEER's written interpretation or clarifimtion(pxiisuanttopartlgmph:9.a).- Reuse ofUocumentb x 3.7. CUVfRAcroR, and any Subcontractor or Supplier or other person or'orgam2ation performing or furnishing any of the Work under a direct or induect contract with OWNER (i) shall "not have or, acquire any tide to or ownership rights in any of the Drawings; Specifications or other documents (or copies of any thereof) prepared hy-or bearing theseal.of F.NGINF.ER or FNGNEFR's Consultant, and (ii) shall not reuse any or such Drawings, Specifications, other documents. or copies. an extensions of the Project or any other project without' written consent of OWNER and ENGINEER and specific written verification or adaptation by FNGINF;E R. ARTICLE 4—AVAILABILITY OF LAI DS; SIIllStIRFACE X-ND PHYSICAL_ CONDITIONS; REFFRFNCF kNINTS availability ojLands:. 4.1. OW-i` M shall furbish as indicated in the Contract Documents, the lands upon which the Work into be performed righiso[way, and easements for access thereto, and such other lands which are designated for the use ofCONTRACTOR- Uoonreasonable-written-request: OWNER shall identify any encumbrances or restrictions not of gereralapplimtion but specifically related to use of lands so furnished with which CONTRACTOR will have, to comply in performing the Work. Easements for. permanent structures or permanent changes in existing .facilities will be obtained and paid for by OWNER. unless otherwise_ provided in. the Contract Documents: If CONTRACTOR and OWNER are tumble to: agree on entitlement: to.or the amount or cxtem bf any :adjustments in the Contrat Price or the Contract Times as a result of any delay in ,OWNER's furnishing these lands,'.rightsof- way or easements.. CONTRACTOR, may make'a claim therefor as provided in Articles I and 12.: CONTRACTOR shall provide for all additional lairds and access thereto that may be required . for temporary construction facditis or storage of materials and equipment. 4..1 Subsurfaci and Physical Condtions: 4.2.1. Reports and Dranidgs: Reference is made to the Supplementary Conditions for identification of. 4.2.1.1. Sithairfaca Conditions: Those reports of erploraticns�and tests of subsurface conditions ai or contiguous to the site *that have beenutilized by ENGINEER in .preparing the Contract' Documents; and 4.2.12: _ Physical Conditions: Those drawings of physical conditions m'or relating to cxisting,surtacc or subsurface structures at o.contiguous to Ihe.site (except Undcrgrourd Facilities) that have been utilized by -ENGINEER in preparing the Contract. Documents. 4?2. limited.Reffance by CO,VTP4CR7R Anahori:ed.- reckdeal Data: CONTRACTOR may rely upon the. general accuracy of, the 'technical dam" contained in such reports and dmwi ngs; big such reports and, drawings are not Contras m Docuers Such 'technical nine" is identified in the Supplementary Conditions. Except for such reliance on such %echnical data". CONTRACTOR may,not rely upon or snake raw claim against OWNER, ENGINEER: or any of ENGINFFk's Consultants with respect to: 4.22.1. the completeness of such reports, and drawings for CONfRACTOR's; -purposes, including, but,. snot limited to, arty 'aspects of the. means, methods, techniques, sequences and procedures of construction 'to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2=2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.22.3. anv CONTRACTOR interpretation of or conclusion drawn from any. ".technical data" on any such data, interpretations, opinions or informatiay. - 4.2.3. :Notice of Doering Subsurface or Physical ComBtions. If CONTRACTOR believes that any subsurface -or :physical condition at or contiguous to thesite that is umwered or revealed either. 3.2.3.1. is of such a nature as to establish that arty "technical data" on which CONTRACTOR is entitled to rely'as provided in paragraphs 42.1 'and 4,2.2 is materially inaccurate. or 32.3.2. is, of such a nature.as to require a change in the Contract Doatmem& or 4.2.3:3. differs materially from that shown or k1Ci)C t;&%,E t.1L COND mom 19103 (1999 Edtim) w! MY OF FORT C6L11tS 1fOO1F1CA'nONS (uiV • POW) indicated in the Contract Documents, or 4.2:3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered oral geuxrally recowui rd as inherent in %brk.of the,,eliaracter provided. for in the Contract Documents; then' CONTRACTOR' shall; promptly immediately- after becoming, aware thereof and before further disturbing conditions affected thereby or,_performing arty Work in. connection _ .therewith (except ui an �cmergertcy as* permitted by ptmgmph6.23), "notify OWNER' and ENGINEER. .m writing about such condition. CONTRACTOR shall. not further disturb such conditions; o:perform any Work in connection therewith (except as aforesaid) until receipt of arittcn order to do so. 4.2.4: ENGINEER's Review. ENGINEER will promptly review the pertincnt.conditiorm determine the, necMityof 01AW 's obtaining additional exploration or testis with respect thereto and advise OWNER in writing (with a copy, to CONTRACTOR) of f•NGINEER's findings and conclusions. 4.2 5: Possible Contract Documents Change: if b.NGINEF.R concludes that a'change in the Contract Documents is required as a result ofu condition that meets one or more of the categories in paragraph 4.2.3, a Work. Change Directive or a Change Order will be .issued as provided in Article 10 to reflect and document the. .consequences of such change. - 4.2.6. Poaible Price and Timer A,*ttumerrs: An equitable ndjutiment.,in the Contract price: or in the Coniract,Times, or both, will be allowed to the extent that. the existence of such' uncovered or, revealed condition causes an increase or decrease in CONTRACCOR's cast. of, or time required forr performance o[ the, Work•; subject, however, to the following;.. 4.3.6.1:. such condition must meet any one or more of_ the categories described in paragraphs:2.3.1 through 4.2.3.4; inclusive; 42.6.2. a,diangc in the Contract Documents' pursuant to paragraph 4.2.5 will not. be an automatic authoricaion of nor a condition precedent to entidement to may such adjustment 4.2:6.3. with respec to Mork that is paid for on a Unit Price Basis, any adjustment. in Contract. Price will be� 'subject to the provisions -of paragraphs 9.10 mid 11.9 and 4.2.6.4. CONTRACTOR shall not be entitled to arty adjustment i n.the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the'.e.¢tstence of such conditions at the time CONI•RACCOR made a final commitment to OWNER �in respect of 'Contract. Rice and Contract Times by the submission of a bid a ¢ecoming botrrid under negotiated eontraet; or ' 4.2.641. the existence of such condition could reasonably have been discovered or revealed as a result of any cxaminatio4 investigation,exploration, test or study of the site and *contiguous areas required by the Bidding Requirements or Contract Documents to be. conducted by or for CONTRACTOR prior to CONTRACTOR's making sudi final commitment; or ' 4.2.6.4.3. CONTRACTOR failed to, give the written notice within the time and asrcquiral by paragraph413. ' If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or Icn$th of any such equitable adjustment in the Conaact Price or Conrad Times, a claim may he made therefor os, provided in Articles I I and-12. However, OWNER,.F.NGINEER aril ' F14GINEFR's 'Consultants shall not be liable to CONTRACTOR for any claims, casts, losses or damages sustained by CONTRACTOR on or in connection with.any other project or anticipated project I D U D 0 n I 0 I 43. Physical Conr6tions-Underground Facilities: 4.3.1. Shoran or Ingficated.The information and dntn shown or -indicated in the Contract Documents with respect to cristing. Underground Facilities .at or contiguous to the site is based on information and data Furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise cxpressly provided in the Supplementary Conditions: 43.1.1. 01ViVER and ENGINEER shall not be responsible for the accuracy orpompleteness of any such information or data; and 4.3.1 The teat of all of the following will be included in the Contract Rica and CONTRACTOR shall have full responsibility for: (i)'reviewmg and. checking all such information and data; (u)1ocating all Underground Facilities showirn or indicated in the Contract Documents.(iu) coordination of the Work with the owners of such Underground Facilities. 'during construction. 'and '(iv) the safety and protection of all such Underground Facilities as. provided in paragraph 6.20,arid repairing any damage thereto resulting from the Wort:. 4.3.2. Aron Shown or Indhcated• If an Underground -Fa ility is uncovered or revealed at or contiguous to the site whidn was riot shown .o' iridicated .in the Contract Documents cONl'RACTOR shall. promptly immediately afer`becoming aware thereof and before further disturbing_ conditions affected thereby or performing any 'Work-in connection therewith (except as an emergency as required. by' paragraph 6.23), identify the Owner of such Underground Facility and EXW GENt•]t;V. CO1Q'1XnON'31910.8 (f 990 edition) w/r3TY OF FORT COLLIMS UOOIFICATIOhS (REV 411000) give written notice to that ovincrarnd to OWNER and ENGINEER ENGINEER will promptly review the Underground.Facility aril determine the e..-46: if any; to which a.change is required in the Contract Documents toreflect and document the consequences, of the a dstence of the Underground Facility. If ENGINEER wrrcludes that a change in the Contiact. Documents is required, a Wok Change Directive or a - Change Order will be iisued as provided in Article 10 to rellect.and document such corisequencesr During such time; CONTRACTOR shall be`responsible fo the safety and protection of. such Underground Facility a4 provided mi paragraph 6.20. CONTRACTOR stroll may be allowed an increase in the Contract Price or anextension of the Contract Timm or both; to the cctent that'thev are attributable to the existents of arty UndergrounJ Facility that was not shown or indicated in the Contract Dncumcn' and that CON TRACTOR did not know of and oould. not reasonably have been crpected to he aware of or to liave'anticipated iTOWNER and CONTRACTOR are unable to ngree on entitlementto or the amount ex - length of any such adjustment inContract Price or Contract Timm CONTRACTOR may make a claim therefor aspnwidcd in Articles I and 12. tlm%,cvcr, OWNER,.. FNGi EER and FNGiNF.ER's- Consultangs shall not be liable to.CON TRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points. 4A.. OWNER. shallprovide engineering surveysto establidtll reference points for: construction which in ENGINEER's judgment. are necessary to enable CONTRACTOR to proc&d with thn: Work. CONTRACTOR shall be responsible for laying out the Wok, shall protect and preserve the established reference points and shall make no charges or relocations without. the prior written approval of OWNER CONTRACTOR, shall report to ITrGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary charges in. grads or locations, and shall be responsible for the accurate replacement or relocation of .such "reference points by 'professionally qualified personnel. h.5.. &�ertvs, PCBs, Petroleum, hat ardour Wade or Radioadxive Material: 4.5.1. OWNER shall be responsible fdr any, Asbestos, PCBs, Petroleum'..Hazardous Waste, or - Radioactive Material uncxQd or revealed at the site which' was riot shown or indicated in Drawings. or Specifications or 'identified in the Contract Documents..to be within the scope of the Wok and which may present a substantial danger to persona or prope ty exposed thereto in cotmection with the Work at'the site: OWNER shall not, lie, responsible for *any such materials brought to 'the _ 'site by CONI'RACI'OR. Subcoaractors. Suppliers or anyone else for whom CONTRACTOR is responsible. C 4:53—G0 7TRAGFOR-shop-stunted eiel}�() stop ill atrdees-attnlition�and such-notice-in-writinog 4DXNFR-'shall-promptly. oornult-wide•E?IGINFF&cottcenurg-l}ir�rxeessityfor OW VIiR-to•remura-qualified•expert=to-avaluota•stic}i GON1�R:46"FOR-sha11•tnx-be-regitired to resume•Wvrl weh effe COAi'pRAGf()R does-not-uWee-tn-iesume•srch-watt eatt{it:� 11:...�:,av-order-slreh_pettlt�to�n oi. onneo 1110 nb,d- rn If nurcu 6114nnvr vn^annnt. agree as to entitlenient-to ex -the wmamtor-extent-of an either-perty-may-make•a• cla im-there€or-as-provided-in . portion-of-the-Work-per€ormed-bv-ONNER's-own forces or others--et-nccor&nce-with-Article-7- own negligence: - releuat; ...I Ad ...'.LA . tP MM OENERAL CONDMOMY 191" (1990 td tim) wl UTY OF FORT OOLLIMY moO1FTCA'nom (Rtiv4Q000) ARTICLE 5-DONDS.4\D INSURAIINCE Performmnee. Payment and Other Bonds- 5.1-. CONTRACTOR shall furnish Performance and FInyment Bonds, eachin anamount at least equal to the Contract Price as Security,for'the' faithful performance and payrrnent-of all COMfPACfOXs obligations under.the� Contract Documents, These Bonds shall remain in effect at least -until orie,year alter the,date: when final payment. becomes-clue, except as. provided otherwise by Laws. or RegulationsOf by the Contract Documents:. CONTRACTOR shall nlso furnish such other Bowls as� are required by the, Supplementary Conditions: All Bonds" shall be inthe form prescribed by the Comraci Documents ccccpt as pmvided otherwise by Laws or Regulations and shall. be executed by such, sureties as are named in the. currentlist, of ".Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bands and as•. Acceptable Rebnsuring Companies" as published in Circulai576 (amcnidcd) by the Audit Staff. Bureau of: Governmee Finnncial Operations, U.S. Treasury, Dcpnrtment, All Bonds -signed by an agent must he - accompanied ,by axertified copy. of such agent's authority to act. 5.2. If 'the surety on any Bond famished by CONI•RACTOR :is declared a bankrupt or becomes insolvent or its right to.do business is terminated in any state where any part of the -Project is located or it ceases to meet the requirements, of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond •and surety, both of which musi be acceptable to OWNER. 5.3. .Licensed SrrridE and Insures; Carifraates'of /nsumnce: 5.3.1. All Bonds and insurance required by- the. ContractDocuments to be Purchased and maintained by OWNTER or CONfRACTOR'shall be obtained from surety a insurance oompanues. that are, duly licensed or authorim d in the jurisdiction in which the Project is located -to -issue Bonds or insurance policies for the limits and coverages so required Such surety and insurance companies shall also meet such additional requirements and qualifications as may, be provided in the Supplementary Condition, 5:3 2. CONTRACTOR shall deliver to OWNER, with topics to wch additional inuaal identified in the, Supplamcmary: Conditions, certificates of insurance (and other evidence of insurance requested by OWI`IER' or: any other additional insured) which. CONTRACTOR is required to purchase and maintain_ ' 'CONTRACTOR's LiabiGq+Insurance: 5.4. CONTRACTOR shall purchase and maintain such ' liability and other insurance as is appropriate for the.Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance .arid famishing of the Walt and CONTRACTOR's :other obligation under the Contract Documents. whether it is to. be performed or furnished by" CONTRACTOR. any Subcontractor or Supplier. or by anyone directly or ni irectly employed by ainyof.thern to perforan or furnish any of the Work. or by anyone forwhose acts any of them may be liable: 5.4.1. claims untder %mrkers'•compensauon disability benefits and other similar employee benefit acts; ' 5.32. claims for damages because -of bodilyy injury, occupational sickness or disease: or ckath of COIN TRACTOR'S employees; 5.4.3. claims for damages_beeause of hodily injury, - sickness or'disease; or death of anyperson other than CONTRACTOR's employees, -3A:4-cla ins -for -damages -'insured -fry -customary .M.1t Of RA OffeffiA -empleytttent-ef-sucMryerse'1- hy: otherr reasem 5.4.3. claims for damages, other than to the Wort: ' itself because of injury to or destruction of tangible property whuscver located, "including, loss of use resulting thereGom; and 5.4.6. claims for damages because of bodily injury or .death of arty person or property damage arisiig'out of the 'ownership, maintenartcY or. use of any moor vehicle. The policies ofinsumnce so required by this paragraph5.4 ' to be purchased aml maintained shall:, 5.4.7. with respect to insurance required- by paragraphs 5.43 through 5.4.6 inclusive and 5.4.9, include as additional, insureds; (subject to airy ' arstonaryesclusi'm in respect of professioreI liabilityy). OWNER. ENGINEER. ENGINEER's Comulrants-and any other persons or entities identified - in the Supplememay Conditions all of whom shall be listed asaddilioral insureds,_and include coverage for ' the respective officers and employees of all such additional msureth; 5.4.8. include the specific coverages and be written ' for not less than the limits of liability provided in the Supplementary .Conditio'ns or required by Laws. or Regulatitms, whichever is greater, 5.4.9. include completed opeation insumnm ' erase; GE*YAL C01`01not5 tvlo-s d990 erotica) ul an or tottr cot.um momic inns imvta000n 1 5.4.10. include contractual - liabilityinsurance. covering. CO,ITRACTORN indcmnity obligations under paragraphs 6.12, 6.16 and 6.31 through 633; 5AI 1. contain a provision or endorsement that the, coverage afforded will not be cancelled, materially changed.or renewal refused until at'teast thirty days prior written notice has been. given to OWNER and CONI'RACfOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate'of insurance has been issued (and the certificates of insiaance furnished by the CONTRACTOR pursuant to paragraph 5.3 will so provide); 5.4.12. rcmaih in effect at least until final payment and at all times thercaftti when CONTRACTOR may be correcting, removing or replacing defective Work- in accordance with paragraph 13.12; and' 5A.13. with' respect to completed, opemtioas insurance, and any insurance coverage written an a claims -made basis, remain in effect for at least two year; after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to wham a certificate of tnsumnce has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at. final pa,v mom and one-year thereafter), O"ER's Liability Insurance: 55. in addition to insurance required to he provided by CONTRACTOR under paragraph 5.4, OWNER. at, OWNE'R's optiop4 mays purchase and maintain at OWNE]R's expense OWNER'S own liability insurance as will protect OWNER.apainst claims which may arise from will under the Contmet Documents. Property Insarraee: 5.6.—tinless7ttherwise-pxov ided-in-the-Supplememnry Condiiiom--O WNER-shall-purchase-and-maintain of -the -full -replacement -cast -thereof -(subject -to -such &%Wctible-amounts-us-m ay-be-provided-iri-the Supplementary-Cervl&m-or-retuired=bw-Laws-arid Regulatiom).-This insumrnce shag; t 6: R—include—tfte—interests—of=U1YNERt;� entities-idemified-in7&-Supplememarv-C-onlitions, uich-of-whtan-is-deemeddo have un-m usable -interest and shill -be -listed as an -insured or-additkinal-insured; 5.6 2-lie-tvritten-on-e-Buikkes-Risk=all-risk=or shall at �851 sewade the-fella%irg .penkt: fire, ligbmift eaerAM ooveiage-thefi=vnndelism end -malicious mischief; melition occasioned by wSomeTT tgulHtiO__R_s_ WSW damage, and may b -5.63-include-experexs-incurrcd-in-the-repair-or replacement-of-any-utsured-property: (iiicluditg-liiit-not erchitects)c ,or-at-another-lomfion- OWNER pfieF. to b previded-that-such-materials- and -equipinenFhave-been RgFeed is in wFiting--by thi«^ a^•4 •• es ^^^h=-etkeF-ad�itietvil WhOM�M FI•r _f •nq'mneziM'hezn as -may -be -required -by -the -Supplementary (caxlitidn9-or Laws and Reguletiem wiieh 9Niit HFSR!.q (lem ukanL59nd- - a' r'pet:.fltLS OFeR n es an-wisu rcrl- 5.9. OWNER sha0 not be responsible for purchasing and maintaining, any property insurance to protect the interests of CONTRACTOR Subcontractors or others in iderttihed'in-the 5uppkmattary Carulitoret—fhz=risk-of qll be be by GQ�9RAGTQP. vaeter er alxtsuf ec itgww. such-k)s-and-if-any-of-them-wishes-property-insurance wverage-wkitirf-the-limits-of-such-amounts.-each-may purchase.ntd-maimain-it-at-the-purcti6sees ownexpemsii 3: I U—lf-61-k�Fp127i(�fOR-royuests-in-wrilitre-Umt-outer. s!ffiH 'f Al be ehafged to QQ�9RAGTQR by appFoom •Ela;:.got--o.�F � -..,,aen—.mendmem. F§ieF-:a t:rcuccetvtR,v:co,N TIONS191Mit99ot:(fitim) 10 wimyorroRTcoLummovmctriONSnusvnnoow oom ruincement•oGthe-Workat-the-site: OWNER-sliall•in hnthar 5.11,—;Vah er ojReRhrs 5.1-1-1-OWNER snd CONiRAC-TOR-intrnd that.all policies.pu'rehased-in-accoriitince;with-paragraphs Sk 16-yRdditi& nur rcu..,.%%Ma._'.:.:.S '• ngainst C-0WRAGGOR—Subcontractors, officers,- directors-em ployees-and-agents-of=any--of them; Tor: t>I=use-or-other-onrcequential-lnss-z�tznding beyond-d-uect-p}iysicol-loss-or' damage -to arisugout-oGor-resulting-from-firm=slier-peril, whether -or -rat- r&z,!d.by-OWNER; and ieemay- ago iusst-anv- of- GON1'RACTOR-Subee-ramotors, Isms -and -the afftcas; .diva 'Receipt andAppSmdon ojlnsurance Proceeds: 5.12. Any insured loss under the policies of insurtince required by parigmphs 5k and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the "insureds: as their interests may appear. subject to the. requirements of arty applicable mortgage clause and of paragraph5.13. OWNER shall deposit -in a sepamie account any money so received; and shall distribute it in. accordance with such agreement as the parties in interest; may reach: Ifno other special ageementis reached the damaged Work shall be repaired or replaced the monrys so ,received applied on account thereof and the Work.and the; cost thereof covered by' an appropriate, Change Order or 'Written Amendmem.. 5.13. OWNER as fiduciary shall have power to adjust and settle any Iris }withthe insurers unless one of th6 parties in interest shall object in writing within fifteen days after the occurrence of lass to OWNER's exercise -of -this power. 'If suchnhjectionbc made, OWNER as faduc--iary, shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach If no such agreement among the paties'in interest`is reached OWNER as fiduciary shall adjust and settle the lass with the insurers and ,-if--regained-ip-writitle. by any Party i^ intere F)\4'.+:E(i�.s-('xluciary-iltel4-grc. AcceptanceojrBondc and Insuance; Option to Replace: 5.14. If " OWN} R has any ohjeoion to the coverage afforded by or other provisions of the'13otds-or insurance required to be purchased and maintained by the CONTRACTOR in accordance with Article 5 on. of.nonconformance with the Contact Documents, the objecting -party -shall so notifgthe otherpmrty OWNER will noft CONTRACTOR in writi% within ten fifteen days. after receipt dedwery of the certificates (or -other -evidence. Partrat Utilization-Proporyinsunuice: 5.15. If OWNER finds it necessary to occupyor'use.a potion or portions of the Work prior to Suhstantial haot)ccta.WZ UcoNgnongInto-s'(isvoEditim) wr MY or roar cutters MODIFICATIOM atJ�vnrz000i Completion of all the Work such use; or oavpaky may be accomplished in accordance with paragraph 14.I0,: provl'dm cd that no such use or occupancy shall comence txfore the insurers providing the property insurance have. ackriowledgcd notice thereof and in writing effected any changes in coverage necessitated thereby. 'The insurers providing, the property insurance shall consent by endorsement on the pobay or poheies, but the property insurance shall not be cancelled or permiued to lapse on account of any such partial use or occupancy ART'IC LF. 6-CONTRACTOR'S RESPONSIBILITIES Supenddim and Superintendence: '6:1.. CONTRACTOR :hall sapervisq inspect and direct the Work competently and efriciemly, devoting_ such amention thereto and applying such skills and cxpcitisc as,may be necessary to perform the Work in .accordance with the Contract Docnents.. COIV 1 RACT'Om R shall he colcly rcgto"ble for the means,. methods, techniques,, sequences and procedures of construction: but CONI'RACI'OR shall not .beresponsible for the negligence of others in the design or specification of a, specific means,, method, technique, sequence or procedure of construction which is shown or indicated'in, and exjressdy,_requred'by the Contract-Doctmiems. COV I-RACTOR shall he responsible to see that the completed Work complies accurately with the Contact Documents. 6.2., CONTRACTOR shall keep on the Work at all times during its progress a cbmpetem resident superintendent, who stall not be replaced without written - mice to OWNER and IINGINIMR except under extraordinary circumstances. The superintendent will be CONTRACTOR'srepresentative at the site and shall have authority to act on behalf of CONTRACTOR All communications to,the superintendent shall be as binding as if given to CONTRACTOR. Labor;,,lfaterialy arrd Equipment. 63. 'CONTRACTOR shall provide competent, suitably qualified personnel to survey, ,[ay out and corastruct therequired by the, Contract: , _ Work as . Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise. required' for the.] safety or protection of persona or the: Work or property st-the site or adjacent thereto: and except. as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and ,CONTRACTOR will notpermit overtime work or the paformance.of Work cn'Satunday, Sunday or any legal holiday without.OWNER!s written consent given alter; prior written notice to ENGINEER: CONTRACTOR "shall submit requests to the ENGINEER no less. than 48' hours _in advance of arty We& to bc' performed on Saturday. Sunday. Holidays or outside the Regular. Working Hours. I 6.4. Unless otherwise specified in the. General contains or is, followed by words reading that no like. Requiremenu CONTRACTOR shall. furnish and assume equivalent or "or -equal" item or no substitution is fill responsibility for. all materiaLs, equipment labor; permitted, other items of material, or equipment or transportatiun, construction equipment and machinery; material or equipmentof other Suppliers may be tools,' apphm arcfuel. power. light heat telephone, water; accepted by- ENGINEER under the following sanitary facilities, temporary facilities .and all other circumstances: , facilities and incidentals necessary for 'the furnishing, performance•.testing.start-up and completion of the Work., 6.7.1.1..'19r-Egna1". If in ENGINEER's sole, discretion an item. of material or equipment 6A.1. I'urchasirng Restrictions: cu'RACI'OR proposed' by CON1'RACI'OR is. functionally 'must comoh•. with the Cntv's purchasing restrictions.. A equal to that named and sufficiently similar so that copy of the resolutions are available for review in the. - re charge in related Work will be required, it may -"or- offices of the Purchasing and, Rick lvlanaaern be considered by ENGINEER as an Val" Divisionor the City Clerk's office. item. in which case review and approval of the proposed item 'inay, in ENGINFF;R's sole, 6.4.2. Cement Restrictions: Citv of Fort Collins discretion, :be accomplished without compliance 1 Resolution91-121 rewires that suppliers and producers with some or all of the requirements for of cement or pmducLs containing cement to certify that acccptanecofproposed substitute itans: the cement was not made in cement kilns that bum 6.7.1.2. Subulndeliemv:; If inENGINEER'ssole hazardous waste ns a fuel. - - - discretion an 'item of material or equipment Proposed by CONTRACTOR' does not qualify as. 6:5. All materials and equipment. shall be of good an "or -equal" item under subpamgmph:6.7.1.1, it quality and new, except as otherwise provided in the -Documents. will be considered a proposed substitute item. Contract All tvaranties and guarantees CONTRACTOR. shall submit. sufficient specifically called for by the Specifications shall:cepressly information as provided below to allow .run to the benefit of OWNER: If required by FNGTNEF.R, ENGTNEF.R to determiric that the item of material , CONTRACTOR shall fimishi satisfactory .evidence or equipment proposed is essentially equivalent to: (including, reports of required tests) as to the; kind and that named and an acceptable substitutetharefor.. quality. of materials and equipment All materials and The procedure for review by the ENGLNEER will equipment shall:be applied, installed connected, erected,. I include the following as. supplemented. in thc� used, cleaned and conditioned in accordance with General Requirements and as ENGINEER may ' instructions of applicable Supplier, exc"cpt as otherwise decide is appropriate under the circumstances. _the provided in the Contract Documents. Requests for review of proposed substitute items of material or equipmentwill not be accepted by 'Piogrew&-hedule• FNGTNEER, from anyone other than CONTRACTOR If CONTRACTOR.wishes to ' 6.6. CONTRACTOR shall adhere to the progress furnish or use a subsututc item of material or schedule established in accordance with paragraph 2.9 as it equipmeni, CONTRACTOR shall first make. .may be adjusted from time to time as provided below: written application to ENGINEER for.aaxptmnce. thereof, ccriifying that the proposed substitute will 6.6.1. CONTRACTOR shall submit, to ENGINEER perform adequately the functions and achieve the for acceptance (to the evacm indicated in results called for liythe general design; be: similar ' pamgmph 2.9) proposed adjustments in the progress in substance.to that specified and be suited to the schedule that -will not change the Contract Times (or same use.as that specified The application will Milestones). Such adjustments will conform generally state the extent if any, to which the evaluation to the pigress schedule then in effect and additionally. and acceptance of the proposed substitute will will comply with any provisions.of the General prejudice CONTRACTOR's achievement of , Requirements applicable thereto. Substantial ,Completion oii time, whether or not - acceptance of the substitute for use in the Work 6.6.2' Proposed adjustments in the progress schedule will require a change m any of the Contract - that will charge the Contract:Times (or Nfilestones) Documents (or in.lhte provisions of any other shall be submitted in accordance with the requirements direct contmcl, with OWNER for work, on the of paragraph 12:1. Such adjustments may only be Project), to adapt the design to the proposed made by a Change Orderor Written Amendment in substitute aril whether or not incorporation or use accordancewith Article" 12. of the substitute in connection with Idle, York is subject to payment of any license fee cc royalty. 6.7. Substirutecand ."Or -Equal" Items? Ali variationsof the proposed substitute from that. , specified will be identdiedin the application and 6.7.1. Whenever an item of material.or equipment is. available maintenance. repair and replacement *cified or described in the Corurata'DocumenLs by service will be indicated The application will. using the name of proprietary item or the name of a also contain an itemized estimate of.all.costs'or particular Supplier, the specification or description is credits that.will result:drectly'or indirectly from. ' mlended-.to establish the :type. function and quality acceptance of such. substitute. including casts of required. Unless the specification or description redesign and claims of other contractor% affected EXW GENhRAL COMTI ON!319103 (l9WEdtim) ' l'- wi CITY OFFORT COLUIsatoutrIMIONstrusy.In000i 1 by the resulting change, all of which will be comidered. by ENGINEER in evaluating the proposed substitute. ENGINEER may reyutre CONTRACTOR to furnish' additional data about the proposed -substitute. 6.7.1.3. COXMICTOR'sExpaue:. All data to be provided by CONTRACTOR in support of any proposed "or -equal"' or substitute item will be at CONTRACTOR'S expense.. 6.7.2. Substitute Comtrucribn Medic& ui Procedures: If a specific means, method, technique;. sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilise a ,substitute means, -method. technique, sequence LT_ procedure of construction acceptable to ENGINEER. CONTRACTOR."ll submit sufficient information to allow ENGINIT.RJn ENGINEER'S sole discretion, to `determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will' be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's F_vabcarioni. ENGINEER will be allowed a reasonable time within which to,cvaluatc each proposal or submittal made_ pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "ortqual' or substitute will be ordered, installed or utilized wiftitt. FNGINF:E,R's priorwritten acceptance which will be evidenced by either a Change Order or an approved Shop. thawing. OWNER may ,require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute: ENGINEER will .record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs G.7.1.^_ and 6.7.2 and in making changes to the Contract 'Documents (or in the provisions of any other direct contract with OWNER for work on the Project)' o=sioned thereby. Whether or not ENGINEER accepts a substitute item so proposed. or submitted by CONTRACTOR CONTRACTOR shall reimburse. OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 6;8• Concerning Subruntractuis. Suppliers and Others: 6.8.1. CONTRACTOR shall not employ ,any Subcontractor, Supplier or other person or organumlion (including those acceptable to OWNER. and ENGINEER as'iidicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ' ENGINEER may have reasonable, objection., CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person 'or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. ' EKIXGENFRAL CONDITIONS 1910-811990 EMa u W/CITY OF FORT COLUM N WIFICATIONS (REV 4CM 1 6.9. CONTRACTOR shall oerforin not less than 30 percent of the Work with its own forces (that is without subcontractinu) The 20 percent reuuircmrnt shall be understood to refer to the Weak the value of which totals not less than 20 percent of. the Contract Price. 6.8.2. IC—the—Supplementary—Gondiaoits Bidd ne Documents require the identity of certain Subcontractors,. Suppliers or other persons .or organizations (including those who'are to furnish the' principal items of materials Or' equipment) to be submitted to OWNER in -advance -of -the -specified date prior to the Effective Date of the Agreement for acceptance_ by OWNER and ENGINEF."n4-4f. GG?;I•RAGfGI! Has Submitted _ list .t--_f in iR's or ENGINEER'S acceptance (either in or by f iibng to, make written objection thereto date indicated for"acecptance'or objection in. ling documents or the Contract Documents) of tHNU1NhhK. NO acceptance by, LAVNI:K, Or ENGINEER of any such Subcontractor, Supplier'or other person'or organization shall ooiistitute a waiver of any right of OWNER or F.NGINF'F'R to reject dtfecrive Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions OF the Subcontractors,,Suppliers rind other persons and organizations performing or fumishing any of the Work raider a direct or indirect contract with. CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and ornissions. Nothing: in the Contract Documents shall. create for the' Senefir of'. any such Subcontractor, Supplier' or other person or organization any atntractual. rclutiumhip between ,OWNER or ENGINEER and any such Subcontractor, Supplier or Other person err organization nor shall it create, arry obligation on the pan of OWNER or ENGINEER to pay or to:sec to the payment of any moneys due any such Subcontractor. Supplier or other person or Organization except as may otherwise,be required by Luws and Regulations. OWNER or ENGINEER may furnish to any subcontractor. supplier or other person' or amortization evidence of amounts paid to' COKI'RACTOR in accordance with CONTRACTOR'S "Apphwtios for Payment t3 1 6.9.2. CONTRACTOR shall be, solely responsible for scheduling and coordinating the Work of Subcontractors: Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect oontracr with CONTRAGI'OR. CONTRACTOR shall'require all Subcontractors. Suppliers and such other persons and organizations performing or furnishing any of the ,Work,to atmmumwtc with the ENGWEERthrough CONTRACTOR 6.10. Thie divisiom and sections of the Specifimtiom and the identifications of any Dm%vings shall not' control CONTRACTOR in, dividing the Work among Subcontractors or Suppliersor, delineating the Work to be perform d by any specific trade. 6.11. All Work perfarmcd for (:0rF_'RACI'0'R, by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcomructor or Supplier which specifically .binds the Subainaractei or Supplier to the applicableterms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. ' C-ONTRAGTOR-and-the-Sutemiractor-a-Supplier-will �, HNG �i Co earn r=.—, .'.vac" Tc .,'..isultnnlS--end Il-athef tha-Worlr-3 f-the-insurers-ort-nrry-such-put ioies-require Parent Fees and Ro)mllies 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporationin the Work. of anyinvention, design, process, product or device which is. the subject of patent rights or copyrights held by others If a particular invention, design, prawn product or device is specified in.the Contract Documents for use in the. performance of the Wort: and if to the actual knowledge. of OWNER or ENGINEER its use is subject to patent rights or copyrights wiling for the payment of arty license fee or - royalty. to others, the existence of such rights shall be disclosed by OWNER. in the Contractllocumc.m-& 'ro the fullestextent, 'permitted_ by Laws and Regulations, CONTRACTOR shall indemnify and hold 'harmless OWNER, ENGINEER. ENGINEER's Consultants and the officers, directors, employm, agerts and otlier consultants of each and any of them from and against all claims, costs, losses and damages arising but of or resulting, from any unmComr-act ent rights or copyrights incident to the nce of the Wodt'or rtsvltirg from the he -'Work oC arty irnenuon,design. Documents. r device nrn spccificd.n the Contract Ex-1)C OE,,&R& C0Mn0M 19164 41M Entice) 14 wiciTY of FORT C'6LLI\S\tWlt7ckn6Ns(,RcvA2000) Permits: 6.13: Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all comuvctionpermits.and licenses. OWNER shall assist CONTRACTOR, µhen inecessary, in obtaining such permits and licenses, ,CONTRACTOR shell pay all governmentalcharges' and inspection. fees necessary for the prosecution of.the Work, which are applicable at the time of opening of Bids.,br. if -there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall' pay all charges of utility owners for connections to the. Work, and OWNER shell pay nil diarges of such 'utility owners for capital costs related thereto such as plant investmentfeim, §a. Laws and Regalarimis: 6.14.1. CONTRACTOR shall give all notices and. comply with all Laws and Regulations applicable to. furnishing and perfonnance• of the Work. Except. where otherwise eepressly required by applicable Laws and Regulations, neither OWNER nor F.NGINEF:R shall he responsible for monitoring CQNfRACTOR's compliance with any ,Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or. having reason to know that it is contrary to laws or Regulations, CONTRACTOR shall bear all claim; costs,.losses and damages caused by, arising out of or resulting thcrcfrbm; however, it shall. not be CONTRACTOR's primary responsibility to make artainthat the Specifications; and Drawings are in accordance with Laws and. Regulation% but this: shall not relieve CONTRACTOR of CONI'RAcrowsobligations under paragraph 3:3.2. Taxes 6.15.. CONTRACTOR shall pay oil sales, consumer, use and other .similar taws icquired to be paid by CONTRACTOR 'in accordance with the Laws and Regulations of the place of the project which are applicable during the,performanee of the Work% 6.15.1. OWNER is exempt from Colorado State and'. low[ sales and use tares' on materials to be, permanently ineorpomled into the -project. Said taws shall not be included in the Contract Price. Address: Colorado Dcimrtment of Revenue. State Capital Ater= List of AGI Vendors -Sub -Vendors who's scope exceeds 20% of total contract amount. This is the list of AG I, Vendors/sub-vendors that need to be Iisted with the client because their combined scope of work exceeds the client prescribed,20% of the total contract value — (note this vendors scope of work in below this thresh -hold for their scope in Zones #1 and #10, however because it exceeds the threshold in Zone #11 the client has requested that we list them under this contractual requirement in an effort to simplify the billing and contracting of this vendor) Subsequent vendors who fall within this framework will need to be treated in the same manner though at this stage none of the currently qualify yet this could potentially change when additional Zones are released. These works should be treated as change orders and thus circumvent this requirement. This still needs to be confirmed with the client prior to contracts being executed in my opinion. Vendor#1 Boston Production Inc. 290 Vanderbilt Avenue, Suite 1, Norwood, MA02062 Contact: Jillian Domenici Tel. No. +1- 781-255-1555 ext 218 jdomeiiici@t ostonuroductions.coin www.bostonproductions.com See attached proposal which is currently being revised and redefined to reflect current scope of works as we understand it from the current design documentation. 1375 Sherman Street Denver. Colorado, 80261 Sales and Use Taxes for the .State of Colorado Regional Transportation District. (RTD) and certain Colorado counties are collected .bv the S 110 of Colorado -ard areincluded. in the' Certir atiom of Exemption NI a dmble Sales and Use Taxes (including State Coll ected takes), on any items other than construction and building materials Physically incvrmrated into theLn . .ect are to be id by CONTRACTOR and are to included in ntraooriate bid items. Use :ofPsedtiusi 6.16: CONTRACTOR shill confine cmtstructiori. equipment, the storage of materials and equipment andthe oopperaaation of workers to the site and land and areas iderhtified in and permitted by the Contract Documents and 'other land Arid areas permitted by Nnws-and Regulations, rights -of -way, permits and casement's, and shall not unreasci nebly encumber the premises with corearuction equipment - or other materials nr equipment: CONTRACTOR shall assume full resportsibility For any damage to any such land or area, or to the owner or -occupant thereof or of any adjacerd land or arms; resulting Gom the performance of the Work. Should any claim be. made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with suchother party by negotiation or otherwise - resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Taws and Regulations, indemnify and hold harmless OWNER, INGINEER EiNGD4M''s Consultant and anyone ducotly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or rrsultug .Gan atry claim or action, Icgal or cyuiwble, brought by arty such owner or occupant against OWNER. ENGINEER or any other party indemnified hereunder to the extent caused by or Eased upon CONTRACTOR's performance of the Work. 6.17. During the progess of the Work, CONTRACTOR shall -keep the promises Get from accumulations of waste :materials, rubbtsh and outer debris resulting from the 'Work. At, the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises As well as. all tools, 'appliances, eortaructiori equipment and machinery and surplus materials. CONTRACTOR shall.leave the site.elean and ready for oocupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to ori}prculconditiort all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load'nor permit any. part of any structure to be loaded in. any mariner that will endanger the'structuue, nor shall CONTRACTOR subject any, part of the Work or adjacent property to stresses Ior pressures that will 6%hrger a. Record Documents.• EXW GE' *xAL CONLXM0M 191" (i 99a Edition) wictry OFFORT COWM\fODIFICAT10N5 i L•U•12000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda Written Amendments, Change Orders, Work Change Directives,. Field Orders and written interpretationis and clarifications (issued pursuant to pamgraph9.4)-in good order and annotated to show all, 'changes made during construction These record documents, together with all approved Sample's and a counterpart of all approved Shop Drawings will be, available to ENGINEER for reference.. Upon completion of the Work, and orior'torelease of final pavmem: these record documents Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection:. 6.20. CONTRACTOR shill. be resporidible. for initiating,- maintaining and supervising all safety' precautions and programs in connection with the. Work.. CO1VI'RAUr0R shall take all.ncocscuy precautions for the safety oC and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work;' 620.2. all the Work and materials and equipment to he incorpotatcJ 1hereirt, wheder in storage on or off the site; and. 6.20.3. other property at the site or adjacent thereto,. including trees, shruhs, laws wallas, pavements, roadways, structures; utilities and Underground Facilities not-dcsigmted for removal, rclocation or replacement in the course of construction, CONTRACTOR shall oomply with all applicable Laws and Regulations of any public body having jurisdiction for safety 'of persons or property or to protect them from damage, injury or lass; and slicill erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR "shall notify owners of adjacent property' and of Underground Facilities and utility owners when prosecution of the Work may affect dims; and shall cooperate with them. in the protection, removal, relocation and replacement of ilieir propery.. All coin"6c in cry or loss to Any property referred to in paragraphs 00._ or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR any Subcontractor, Supplier or any other- person or organization dircctI or indirectly employed by any of them' to perform br Lish:any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of D awings or Specifications or to the acts or omissions of OWNER or LNGINLER'or INGINEER's Consultant or anyone employed by any of them or anyone for whose, acts any of them maybe liable, ana not attributable directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CON'TRAcTOR•s duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Wink is completed and FNGINEER has issued a 15 notice to OWNER and CONTRACTOR in accordaihoe with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. Safety. Representadve: CONTRACTOR 'skill designate a qualified :and experienced safety representative at the site.. whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Communication Programs. 6.22. CONTRACTOR shall be: responsible for coordinating any eechangeof material safety;data sheets.or_ other dia72rd- communication information required to be made available to or exchanged between or among employers. at the site in accordance withlaws. or Regulauorm F.mergenaes 6.23. In etmergcncies affecting the safety or protection_ of ns ,persoor. the: Work or propertyat the site or adjacent thereto, CONTRACTOR, without_ special. instructionor, authorbutidm from OWNER or FNGNEF.R, is obligated to act to prevent threatened damage, injury or loss: CONTRACTOR, shall give ENGINFFR 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 Contmct Documents is required becauseof the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will he issued to document, the consequences of such action 624. ShopDrawfngsandSamples: 6.24.1. CONTRACTOR shall submit Shop Drawings to LNGNEM for review and approval in accordance with the accepted schedule of Shop Drawings, and Sample. submittals (see pamgaph 2:9). All submitals will be identified as ENGINEER may require and in the number of copiesspecified in the General Requirements. . The dam shownon the Shop.Dnnvings will be complete with respect to quantities; dimensions, specified performance and design criteria, materials aril similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide, and to enable M,,TGNEFR to review the information, for the 'limited purposes, requited by paragraph 6.26., 6.24.2. CONTRACTOR shall also submit Samples, to ENGINEER for review .and approval in accordance with: said accepted schedule of Shop Drawings and Sample. submittals. Each. Sample '"will be identified clearly as to material. Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise a"s ENGINEER may require to enable ENGINEER to review the submittal for the limited EJCOC GENF7GV: CONDITI ON51916 4 (1990 EMMI) Ili w/6TY OF FORT C'OLLIMmomFickriONS(REV420oo) purposes required byparagraph 6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. SuMdl al Procedures. 6.25.1. Before submitting each Shop. Drawing or Sampple; CONTRACTOR shall have deterirnined"and verilicd: 625.1.1: all Geld measurements quantities, dimensions.specified performance' criteria, installationrequirements, materials,. catalog numbers and similar information .with respect' tbeieto, 6.25.1.2. all materials with revocit to intended. use, fabrication, stripppping, handling; stomgc, assembly and . installation pertaining to the ce 9 performanf the Work, and 625.1.3. all information relitiJ6 to CONTRACTOR's sole responsibilities in respect - of means, methods, techniques, sequences and procedures of ccinstnutionand safcry.precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Sampler and with the requirements of the. Work. and .the Contract Doctmentsl 6.25.2. Each submittal will bear a stamp or spocifho written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to COITFRACTOR's rcvicw and approval of that submittal 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINE ME specific written notice of such variations, if any, that the;Shop Drawing or Sample submitted may have from the requirements of the Contract Document-, such notice to be in a written communication separate from the� submittal;. aril, in addiiioii_ shall cruse: a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER. for review and approval of each such variation 626.. ENGNEFR will review' and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawnnp and Sample submittal- accepted by ENGINEER as required by paragaph 2.9. ENNGNEEIt's review and approval will be only to determine if the items. covered try the submittals will, aller installation or mcerpo nition in the Wort:; conform to the information given in the Contract Documents and compatible with the design concept of the;" completed Project as a functioning whole as indicated by the Contract. Documents. ENGNEER's review and approval will riot eetcrnd to mans, _methods, techniques, sequences Ior procedures of construction (except where a particular means method, technique; sequence or procedure of 1 1 1 1 1 corstrucion•iss*ifically'and expressly called for by the :Contract Documents) or to safety precautions:or programs incident thereto. The revieuv and"approval, of a separate item as such will rot'indiiate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the raryrred number of corrected copiei of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for. by ENGINEER on previous submittals:, 6;27. FNI GINEER's review and approval of "Shop Draworg.or Samples shall not relieve CONTRACTOR f-am responisibility for any variation from the requirements of the Contract Documents unlm CONTRACTOR has in writing called ENGINEER's ,attentiun to each such variation at the time' of submission as required by paragraph 6.25.3 and ENGINEER has given- written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample Approval, nor_will"any : approval by ENGINEER relieve CONTRACTOR. from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shope Dm%ving or Sample -is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by FNGINFER as required by pxamgmph'2.9, arty related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole egrerise,md responsilnlity of CONfRAC7.OR. Continuing the Work. 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreemcros kept as permitted by pamgmph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 630. CONMICTOR's General lFarranty and Guarantee: 6.30;1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with tle Contract Documents " And. " will not 'be ' ad+fective. CONTRACTOR'S waArity and guaramee hereunder etclutdes defects or damage,causW by: 630.1.1: abuse. modification or improper maintenance or operation by persons oiler than CONTRACTOR, Subcontractors or Suppliers; or 630.1.2. normal wear and tear tinder normal usage. 630.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute: None of the following will constitute tan acceptance of Wort: that is not.in tact):(;hNE1.tL(:6urnoN�100-8ifrwemtitm) u46TY or FORT cowm moun7canms gi1-v 42o001 accordance with the Contract Documents or a release bfCONTRACTOR's obligation to perform the Wort: in accordance.with the Contract Documents: 6.30.2.1. observations by ENGENEER:- 6.30.2.2. recommendation of any progress or final paymenu by ENGINEER 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to. CONTRACTOR under the Contact Documents•, 6.30.2.4. use or occupancy of the Work or. any part thereof by OWNER; 6361"2.5. any acceptance by OWNER orany' failure to do so: 6.30.2.6. any review and approval of.a Shop Drawing or Sample submittal or the itiktance of a notice of acceptability by ENGINEER pursuant to paragraph 14:13: 6.30.2.7. any inspection, test or approval by others; or 6.30.2.& any correction of defective Work by OWNER. lndeninifncafion: 6.31. To the fullest extentpermitted by Laws and Regulations, MNTRACTOR shall indemnify and hold. harmless OWNER ENGINEER, ENGINEER's Consultants and the officers, directors, employees,. agents and other consultants of each and any of them- from .and .against all claims, costs, losses and damages (including, but not limited to, fill fees and charges of enginoers, architects; "attorneys and other'professionals and all court or arbitration or other dispute resolution casts) cauyed by, arising oui of. or resulting from the performance of the Work, provided that: any such claim, cost, lass or damage:: (i) is attributable to bodily injury, sickness, disease or death of to injury to or destruction of tangible property (other* than the 'Work ,itself) including the toss of use. resulting ther&6m,.and (a) is caused in whokd in parr by any negligent omnission of CONTRACTOR any Subcontractor. any Supplier, arty person or organization directly'or indirectly employed by any of them to perform or futrtish any of the Work or anyone for whose acts any of them may be liable; regardless of whether or not caused on part by any negligence or. omission of a person or entity .indemnified hereunder or whether liability is imposed. upun 'such, indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 632. In any and." all claims against OWNER or. ENGWEM- or any of then respective cwtwltan" agents, officers, directors or employees.by any employee (or the: .survivor or personal rcprescntativc,ofsuch ernpioyce) of CONTRACTOR any Subcontractor, any Supplier, any person ororgani7nd n directly or indirectly emploved by 17 day, off, them to perform or furnish anyof the Work or anyone for whose acts any of them may; be liable-, the indemnification obligation under paragraph 6.31 shall not. be limited in any. way by any limtuuoit on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or airy such. Subcontractor, Supplier or. other person or organization under worked compensation acts, disability benefit acts or other employee benefit acts. 6:33. The indemnification obligations of CONTRACTOR under paragraph 6.31. shall not extend to the liability of ENGINEER and ENGL,IElXs Consultants. officers, directors, employeesor agents caused: by the professional negligence. errcrs,or omissions of any of them. sanitnt. of ObLigutioti s 6.34. All representations, indemnifications, warranties and guarantees made in. required by or given in accordance with the Contract Dowmrnts, as well as all continuing obligations indicated in the Contract Documents will, survive final payment; completion and "acceptance ofthe Work and term inauon or completion of theAgreement. ARTICLE 7-OTHER WORK Refuted Wank [[! .Sire: 7.1. OWNER may, perform other work. related to the Project at the site by OWNER's otvn forces; or lot other direct commas therefor which shall contain General Conditions similar to these, or -have other work- performed by utility owners. If the fact that such other work is to be performed was not acted in the Contract:Doiumtms; then: 0 written notice thereof will be givento CONTRACTOR prier to starting any such other work and (6)CONTRACTOR .may make a claim therefor as. provided in Articles l l and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional'time and the parties are unable to agree as to the amount or extent. thereof. 7.2. CONTRACTOR shall afford each other contractor who is a.party to such a direct contract and taclr utility owner (aril OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and o reasonable o ity for the introduction and storage of materials and equipment and the owcution of such other work and shrill properly conreci and coordinate the Work with theirs. Unless otherwise provided at the Contraci Documents CONTRACTOR shall do all cuttintg,.fining; and.patching of the Work that may be required to make its several parts come together properly and integrate with such other work. 'CONTRACTOR shall not endanger.arry work of odors by cutting. excavating or otherwise altering .their work and will only cut or alter their work, with 'the tyriuen consent of ENGINEER and the others whose work will be affected. The duties and req)onctbilitics of CONTRA(:fOR under' this paragraph are for the benefit of such -utility owners and other contractors to the -extent that there are compomhle EX-1Xrh1NE .ILCOMT O1,fS 1910s (1M E6tiuit 18 wf CITY OF FORT COLLIM MODIFICA1IONLS(RliV42000) provisions for _the, dionefit of CONTRACTOR in said direct contracts between.OWNER and such utility owners, .and other contractors. 7.3. If the proper execution or res-uiwof.any part of COA`TRACTOR's Wort; depends upon work. performed by others under .this Article 7, CONTRACTOR shall inspect such .other work and promptly report to ENGINEER in writing any delays, defects or dcficienciis', in such other work that render it unavailable or unsuitable� for, the proper execution and results of CONTRACTOR'' Work; CONIRACTOR's failure so to report-- will constitute an, acceptance.of such other workas fit and proper for integration with 'CONTRACTOR's Work except for.latent,ar. nonapparent defects'. and deficiencies, in such othe work., Cooirr8natfnin:: 7.4. If OWNER contracts with others for the; performance of other w6rlc:on the project at the site. the .following kill he set forth in Supplementary Conditions;: 7.4.1. the.person, firm or corporation who will have authority and responsibility for coordination of the. activities: among the various prime contractors will be identified; 7A.2. the.specifne matters to be covered by such authority and responsibility will be itemized: and 7.4:3. the. extent, of such authority and responsibilities will be,provided. Unless otherwise: provided_ in the Supplementary Conditions; 0%'VNF.R shall have sole authority and responsibilitymi respect of such coordination. ARTICLE 9--OWNER'S RESPOi\SIBILITIES 8.1. Except as otherwise provided in. these General Conditions; OWNER shall issue all communications to CONTRACTOR through ENGINEl72. 8.2. In .case of termination of the employment of EVGIii7Eim,OWN ER shrill appoint an engineer agamsi: whom-COtW.R.AC-TOR-make-rto-reasomable-objmtion; Whose status'under the Contract Documents shall be thiat• of the former ENGINEER 8:3._, OWNER shall furnish, the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as providedin paragraphs 14.4 and 14.13. 8.4. OWNER's,dutics in respect of providing lands and easements and providing engineering surveys -.to establish,referertce points are set forth in paragrah• 4.1 aral 4.4. Paragraph4.2 refers to OWNER's identifying and making available to CONI•RACI'OR copies of reports of explorations and tests of subsurface conditions' at the site and drawings of physical conditions in existing. structures at or comiguous to the site" that have been utilized by ENGINEER in preparmi g the Contract Documents _. sang riy-ins+uanw-xre-set forth:itrpeiegephty 3:Sthrough3a (t; S.G. OWNER is obligated to execute Change Orders as indicated in paragraph-10.4. 3:7. OWNER's rsportsibility in _aspect oC (main inspections. tests and approvals is set forth in paragraph 13.4. R.S, In connection with OWNER s right to stop Work or. suspend Work, sec paragraphs 13.10 and 15.1.. Paragraph 15.2 .deals with :OWNER s right to terminate. services of IX)NfRACI'OR under certain circumstances. 5.9. 'rho OWNER shall not supervise, direct or have control 'or - authority over, nor be responsible for. CONTRACTOR's means, methods, techniques„ sequences or procedures of construction or the safety'prccauhons and programs incident thereto,. nr .for any, failure of CONTRACTOR. to umnply with law" and Regulations applicable to the furnishing or performanceof-theWork.. OWNER ,will not he ro-apctris.blc for CONTRACTOR's failure to perform -or furnish the Work in accurdtnce with the Contract Documents bility-in respas1 undisclosed _best,:. 12913r, PetF leum H,._.• aus Wass_ rnwrru nrrr�o Feasonah., , t no:'41, � afTn emerrts-have-beenmade'-10-saiisfy-OW 4M!s the Gentsael ruponsi aiity-in-respect-thereof-will-be-es-set-forth-in-the Supplemetary,Condn torus: ARTICLF. 9-FNC1NF.FR'S STATUS DURING CONSTRUCTION 0IVAIER's• Representative: 9.1. ENGINEGR will be OWNER's representative during the construction period. The duties and responsibilities. and the limitationsof. authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents find shall not be extended without written consent;ol' OWNER and ENGINEER. lisits to Site 9.2. - ENGINEER will make visits to the siteat intervals. appropriate to the: various. stages of construction as ENGLNM deems necessary m order to observe as an e\perienced and qualified design professional the progress eu)c (rhwaCAL CoNixnom i 9i o-s (i 9%Ealm) wt6 Y OF FORT COLLINS NOntt7CA-nmN IRL•- -IR000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work Based on information obtained during such visits and'observations. ENGINEER will endeavor for the benefit of OWNER -to determine, in .general: if the Work is proceeding.,in accordance with the Contract Documents ENGINF;ER- will not be required to makeexhaustive orccnduous ont- site• inspections to. check the quality. or quantity of the:. Work. ENGINEER's efforts will' be directed toward providing for OWNER a greater degree of catlidena that the completed Work will conform generally to the, Contract Documents. On: the basis of sudi visits arid on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work..ENGINF.ER's, visits and on-sitc obscrvamorts arc subject to .all the' limitations on hNGINEER's authority and responsibility .set forth in'jj��ragraph 9r13,;and partcularly; hut.tvnhout. limitation durug'or as a remit of ENGINEER's on -site visits or observations 'of CONTRACrOR's Work- ENGMER will not supervise, direct. control or have: authority over or, be responsible for CONTRACTOR's mrang, methods, techniques, sequences or procedures of. cornstruction; or the safety precautions and. programs. ircidrnt thereto, or for, any failure of CONI'RACI'OR to wmply with Laws -'and Regulations- applicable to the, fornish ing'or perfonnanicc.of the Work. ProjectRepresenmtive. 93. If OWNER and ENGINEER agree, ENGINEER will furnish a _Resident Project Representative to assist. ENGINEER in providing more continuous observation of. the Work. The r_csponsihihtics and authority and limitations thereon of any such Resident _Project Representative and assistants will be as provided in. pxtragmphc9:3 and 9.13 ^•�......'�hw-.Supplementary. Conditions o� General Conditions. If OWNER desigruates another representative or agent to represent OWNER at the site who, is not ENGNEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as, provided in panWph 9.3 ).3.1. The Representative's. dralirtgs in matters perlainimt to the on -site wed: will,. in in with the ENGINEER and CONTRACTOR But. the Repmesemative. will keep -the OWNER pxopxrly advised about such matters. The Representative's'. dealings with subcontractors.will only be duou or with the full knowledge and approval "o' the' CONf'RACfUK, 93.2. Duties and Responsibilities Representative; will: 93.2.1. SdteduLg - Review the oro¢r c 19 schedule Wand other schedules prepared by the. CONTRACTOR and conmh with the ENGINEER concerning acceptability 9.3.2.2, Conferences and Meeting, - Attend "meeting with the WNfRACTOR such its. preconswclion conferences; orogrss meetings. .and" other job contererices..and - e}iarz and circulate copies oC minutes oC meetings 93.2.3. Liaison 933:3.1. Serve as FNGINFER'S linison with CONTRACTOR working Principally through CONI'RACfOR'S superintendent to assist the CONPRACI'OR in understanding the Contract Documents. 9.3.2.3.2: Assist in obtaining from OWNER. additional detailsor infommtiom when required, for proper execution of the Work:. 93.2.33. Advise the F.NGfNEF.R and CONTRA(—rOR of thecommencement of. any Makrequiring a Shop' Drawing 'or. samnle submission if the submission has not bccn approved by the ENGINFFR. 9 3 Review—of2:4Work _Rejection of Defective" Work, Inspections and Tests - 9.3.2.4.1. -Conduct on -site ohservitims:of the Work in progress to assist the ENGINEER indetcrmining that the Work is proceeding in accordance with the Contract Documents. 9.32.4:3. Accompany visiting inspectors represemine Public or other'ngencies Imving jurisdiction over the Projecl' record the results of these inspections aryl report to the ENGINEER: 9.32.5. Interpretation. of Contract Documents. Repot to ENGINEER when clarifications and imernremlions of the Cit.ontract Documents are needed and duct to CONCRACI'OR clarification aryl nteroelation of the Contract Documents as iL' bv. the ENGINEER 9.3.2b. Modifications.. Consider and evaluate CONI'RACfOR:S mggestions for FRII)C ciNEIM CONDITIONS I9I0-3_ (1990 Edtim) Vd CITY OF FORT COLLIm moumcAmNS(REv 4rt000) modification in.Dmwines or Specifications and report these recommendations to ENGINEER. Accurately tans iit to CONTRACTOR decisions issued by the ENGINEER 9.3.2.7. RecorcLs $�=J;_2elw�rts 9.3:2.8:1_ Furnish ENGINEER rpz iodic repDrts as reguire od f the progress of the Work and of the CONTRACTOR'S compliance with the progress schedule and schedule of shop Drawing`.and "sample submittals. 2.8.2. Conmlt wtidi ENGINEE-R in mLymace_pf scheduling major to l3. inspections or start of important phases of the Work. 9.3.2.83. Draft prcpased Change Orders and Wort: Directive CFarniages, obuun.mg backup material from the C0N-fR.4('COR and recurnmend to ENGINEER. Chanute Orders Work Directive Chromes and Geld orders 9.3.2.8A. Reny[ immediately to ENGINEER and OWNER the occurrence of any accident: 9.3 2 9 Payment Requests. Review -applications for pawmcntwith CONTRACTOR for.mmpliancc with the established procedure for their mhmission and forward with recommendation to ENGINEER noting particularly the relationship of the o3Lnent requested to the schedule of values, Zgk mmoleted and materiels end equipment. . deGv red at: the site but not incoromated m the Work. 9.3.2.10. Completion 93210.1: Before ENGINE•@R issues a Certificate of Substantial Camoietion submit to CONTRACTOR a list of observed items reauvine correction or completion 9.3.2.10.2: Conduct final inspection in the comnmhv of the FNGINP.FR, OWNER and CONTRACTOR and prepare a final list of items to be ccvrected orcompleted.-. 93.3a0.3. Observe that all items on the Firm] list have been corrected or completed and ' make recommendations to ENGINEER' concernin¢ nceenance.. 93.3. Limitation of Authority: 'rhe Representative shall ' not: 9.33.1.: Authorize any deviationsfrom the Contract Documents or acceptany substitute materials or equipment* unless authorized by the ' ENGINEER. - - -- 9.3.3.2 Fxcccd limitations. of ENGINEFiR'S authorityns set forth in the. Contract Documents, 9.3.3.3. Undertake any of the responsibilities of the CONTRACTOR. Submmmctorc nr ' CONTRACIQR•S superintendent 9.33.4. Advise on or issue directions relative to. or .assume control over any aspect of the means: methods u chmquc segttcnccs or ' 'procedures For constructionunless such�i. specdically called for in the Contract Documents: 93.3.5. Advise on or issue directions regarding or assume control over safety precautions and programs in connections with the Work. 93.3.6. Accept Shop Dmtvima or sample submittals from anyone other than the CONTRACTOI " 9.3.317.. Authorize OWNER to occupy the. Work in whole or in nut. 9.3.3.8. .Participate in specializcd field or labomtory tests or inspections conducted by others ixcept es specifically authorzedl by the ENGINEER Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the. ' Ex1xrjhNW AL COM.710M 191"(f99a Ehbtim) w/ciTY of FORT coLum moU1ncxnoNs m snow) "requirements of the Contract Documents (in the form,of Drawings or otherwise) as ENGINEER. may determine. necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents Such written clarifications and interpretations will be binding on. OWNER and CONTRACTOR. If OWNER or CONTRACTOR'befieves that-a'written'clarification.or interpietationjustifies an adjustment in the Contract Price or the Contract Times and the parties'me unable to agree .to the. amount .or extent thereof. if airy, OWNER or CONTRACTOR may make a written claim therefor as pro6ded in Article'l I or Ankle 12. Aitthorked.Mariatlonsin (York. 95. ENGINEER may 'authorize minor variations in the Work -from the requirements of the Contract .Documents which do not -.involve an adjustmcnt in the Contract Price or the Contract Times and are compatible' with the design conceptof the completed Project as, a f tncikniiig whole as indicated by the Contract Documents. These may be accomplished hy'a Field Order and will be binding on OWNER. and also on CO\rrRA("rOR who shall perform the Work involved promptly. if OWNER or CONTRACTOR believes that a Field Order justifies an'adjustment in the Contract Rice or the Centmct 7'imesand,the panics arc unable to agree as to the amount• or extent thereof, OWNER car CONTRACTOR may make a written claim therefor as, providcdin_Article II or12. Rejecting. Defective Work: 9.6.. ENGINEER will have authority to disapprove or eject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract DocumenLs or that will prejudice the integrity of the design concept of the completed Projectas a'functioning whole as indicated by the Convact,'Documents. ENGINEER will "also have. authority to 'requirespecial inspection or testing, of the Work as provided in paragraph 13.9, whether or'not the Work is fabricated, installed or completed Shop Drawings, Change Orders and Patmenty 9.7. In connection with "ENGINEER'S authority as to Shop Drawings an d'Samples, see paragraphs 6.24 through 6.28 im lusivt.. 9.8. In connection with :ENG1\iI -ElUs authority as'to (..Urge Orders, scc Articles 10. 11, and 12. 9.9. In connection with.ENGINEER's authority as to Applications for Payment, see'Article_ 14. Determinatkins for Unit lWcex 9.10.. _ ENGINEER will detemtine.the actual,quantities and classifications of Unit'Price Work performed by .CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINF.ER's preliminary determinations on such matters before rendering a'written decision thereon(by recommendation of an Application 21 ftirPayidentor otherwise). LNG IIGER's written decision thereon will be fmal and binding upon,'OtINER and CONTRACTOR unless. within ten.days after the state of any such decisiac either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from FNGINEFR's deeisioi end: (i).an appeal from ENGNEER's decision is taken within the lime. limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreemem"• entered into between OWNER,and C'ONTRAcTOR pursuant to Article 16, or (it) if no such Dispute Resolution Agreement has been entered into. a formal proceeding is instituted by. the appealing party in a forum ca competent jurisdiction to exercise such rights or remedies as the appxalmg party may have with respect' to F.NGINFER's decision,. unless, otherwise agreed in writing by OWNER and CONTRACTOR .Such appeal will nct.be subject to the. procedures of paragraph 9.11. Decidons an DLvputes 9.11. Fr IGINFER will be the initial-inte S reter of the requirements of the (contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters rchating to thc,aou:ptabilityof oho-: Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles.) I and 12.in respect of changes in the Contract Price or Contract Times will be referred initially to FNGINEF-R.in writing -with ,a request' for a formal decision in accordance with this parngmph. Written notice of each such claim, dispute or other.matter will be delivered by -the claimant to ENGINEER and the other party to the Agreement promptly (but in.no event later than thirty days) after the start of the occurrence or event giving rise therem and written supporting data will, be, submitted to ENGINEER and the other party, withinsixty days after the start of such occurrence or event unless I1\GINEC•R allows an additional period of time for the submission of additional or more accurate data in, support of such claim, dispute or other matter. The opposing panty shall submit any'response to ENGINEER aryl the claimant. within thirty days after receipt of the. claimant's last submittal (unless. FNGINEF.R allows additional time). L IGII,IEER will render a formal decision in writing within thirty days after receipt of the'opposing party's'submittal, if, any, in accordance withthis paragraph 1NGNEER's written decision on such claim, dispute or other matter will be final an d'buding upon OWNER and CONTRACTOR' unless: (i)an appeal from ENGINEER's decision is, taken within the: time limits and in acco_ rdance with: the procedures 'set forth in F.XMIT' GC -A, "Dispute Resolution Agreemenn"..emered into between OWNER and CONTRACTOR pursuant to Article 16. or (ii)if no such Dispute Resolution Agreemem has been entered into, a. written notice of intention to appeal from L•NGINEER's. written decision. - is delivered by OWNER or, CONTRACTOR to the other and to FSIGINE-M within thirty days after the date of such decision and, a formal proceeding is instituted by the appealing party,ina forum of competent jurisdiction to exercise such rights or remedies as the appealing-party.may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such 22 exncGENtxv;COMTIO 191"41MEdtim) wl CITY OF FORT COLUNS MODIFICATIONS (ItEy12000) decision, unless otherwise at'teed in writing by'OWNGR and CON7RACTOR. 9.V), When functioning as interpreter and judge under pamrgaphs9.10 and 9.11, ENGINEER will not show partiality to OWNFR or CONTRACTORand will not be: liable in connection with any interpretation of decision rendered in good faith in such capacity: Therenderingof a decision by .ENGINE -ER pursuam.to paragraphs 9.10 or 9.11 with respect to any such claim: dispute or other matter (except any which have,been waived by the making.. or acceptance of final payment as Provided '.in' paroigraph 14.15) %ill be a condition precedent to any' exercise by OWNER or CONTRACTOR of such rights or remedies as eitfiermay otherwise have ii der the Contract Documents or by Laws or Regulations in respect of any such claim;'dispute or other matter eaHe-AH a". 9.13. Limitations on EWGINL:UR's .Authority and ReTpnsibifitier 9.13:I. Neither ENGINFER'S 'authority or responsibility under this Article 9 or under an other Provision of the Contract Documents nor any decision made byENGINEERin goord.faith either to exercise. or:not exercise such authority or responsibility or the undcnaking, exercise or performance of any authority or responsibility by FNGINEER shall create, impose or give, rise to any duty. owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other, person or orgnnimtior, or to any surety fore or.employcc or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety - precautions -and programs incident thereto. or for any failure of CONTRACTOR. to comply with Laws and Regulations applicabl to the .furnishing or pertormanci of the'Work.. ENGINEER will root be. responsible for CONTRACTOR's fail ire to perform or furnish the Work in accordance with the Contract' 9-13-3. ENGINEER will not be responsible for the act or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or - organization performing or furnishing any of the WorlL 9.13:4. ENGINEER's review of the final, Application for Payment'and'accompaoyirig documentation and all maintenanceand operating msiructions. schedules, guammees, Bonds and certificates of inspection tests, and approvals and od= doarmcn_ Cation required to be delivered by paragraph14.12 will only be to determine generally that their content complies with the requirements of and in the case of certificates.of inspectors, tests 'am] approvals that the results. certified indicate compliance with the Contract' Documents. 9'13.5 The limitations upon authority and responsibility set forth iih this -,arngrtph 9.13 "shall also, apply to GNGMER's Constrltants'Residem Project Representative and assistants .ARTICLE 10—CHAINGFS IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at'any nme or -from time to time. order additionts; deletions.or revisions in the Work- Such additions,. "deletiwats or revisions will he authorized by a Written Amendment, a.Change Order, or. a Work Change Directive. Upon, receipt, of any such document, com ACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR arc unable to agree as to the cmem; if airy', of an adjustment ,in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive; a claim may be made therefi r as provided in.Article I 1 or Article 12. 10.3. CONTRACTOR shall not be enudedto an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents. as emended, modified and afflemented as provided in paragraphs 3.5 and3.6, except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR skill execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering:- 10.4.1. changes in"the.Wod: which art{i) ordered by OWNER pursuant to paragraph 10.1 (i) required because of acceptance of defective Work under paragraph 13.13 or correcting_defective Work under paragraph 13.14, or (ui) agreed to by the ponies; 10.42 danger in the Contract Price or Contract Times which are agreed to by the parties; and. 10.43. . changes in the Contract Price or Contract Times which embaly the substance of any written decision rerakred by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order. an appeal may be taken from any such decision in accordance with the provisions of thie.Conuact Documents. and applicable Lawvs and Regulation, but during any such appeal. CONTRAC-fOR shall on the Work and adhere to the progress schedule as provided in. paragraph 6.29. 10.5. If notice of any change effecting the geneml scope. of the Work or the provisions of the Contract Documents EX-M Gk.iUM CONDITIONS 1910311990 Ehtihidoy w1 CITY OF FORT COWM NOUIHCATIONS 1REV •I20001 (includiing,.but not limited'to; Contract Prim -or Contract Times) is required by the ._ provisions of any Bond to be. given to a surety. the givin#, of any such notice will be CONTRACTOR's responsibility, andthe amount of each applicable Bond will be adjusted acm.nfingly.. ARTICLE II -CHANGE OFCONfwxcr PRICE I1.1., The Contract price constitutes the total compensation (subject to authorized adjustments) payable to. 'CONTRACTOR for performing the Work. All duties. responsibilities and obligatnons,assigned to or undertaken, by CQN'1'RACI'OR shall be at CO\*f RACTOR's expense; without change in the Contract trice, 11.2.. The Contract Price may only be changed by a Change Order or by a Written Amendmcm. Any claim for an adjustment in the Contract Price shall be based on. written notice delivered by the party making the claim to. the other party and to GNGINEER promptly (but in no' .event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general riature of the claim. Notice of the amount.of the, claim with'supporung data shall be.defivered within sixty days after the start of such occurrence or event (unless ENGINF.F.R allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all kn6wrt amounts to -which the clainiam is emided as a result of said occurrence or event All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with - paragrmph 9.11. its OWNER and CONTRACTOR cannot otherwise agree on the amount involved: No claim for an adjustment in the.Contract Prim will be valid if not submitted in accordance with this pnmpraph Ll?. 11.1 The value of any Work covered by a Change Order or. of any claim for an adjustment in thie'Contract Price will be determined as follows: 11.3.1. w3we the Work involved is covered by unit prices contained in the Contract Documems, by application of such unit prices to the quantities of the items involved (subject to the provisions of• 23 paragraphs 11.9.1 through 11.93,inclusive); 11.3.2. where the Work involved is not covered by unit prices contained at the Contract Documents, by a mutually algeW payment basis, including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with pamgmph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in. the; Contract Documents an& agreementto a lump srun is not reached under petagrnPh 11.3.2,- on the basis of the Cost of the -Work, (determrrcd as provided in paragraphs I1,4.and 11.5) phis a CONTRACTows fee for ovirhend and piofiv (determined as.provided in pamgmph'i 1.0. - - 1 Case ojrhe Work. 11.4. The tern, Cog of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Recept as otherwise may be agreed to in writing by OWNER; such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include,any of'ihc costs acmiaod in paragraph 1.1.5: 11.4.1. Payroll costs_ for employees in the direct employ of CONTRACTOR in the performance of the Wart: under schedules of job, classifacutions agreed upon by OWNER and CONTRACTOOR. Such employees shall include without limitation supxnntcn&7U foremen and other personnel employed full-time at the Site. rnyrOII CosL4 for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, -but -not be limited to salaries and wages plus the cast of fringe benefit which shall include social security contributions; unemployment, excise and, payroll taxes, workers' compersatior4 health.and-retiremem, benefits, -bonuses; applicable thereto. The expenses of lxrforming Wmk after, regular working hours; on Saturday, Sunday or. legal. holidays. shall be included in the above to the ement authorized. by OWNER.- _ - - 11.4.2: Cast of all materials and equipment furnished and incorporated in the Work including costs of transportation and storage thereof, and Supplicns field. services required in connection thercwitli. All cash discounts shallaccrue to 'CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which ease the cash discounts shall accrue to OWNER. All trade c iscuuns, rebates and refunds and returns from sane of surplus materials 'aril equipment shall accrue to OWNER and CONTRACTOR shall make provisionns. so that theymay be obtainal 11.4.3. Payments made by 'CONTRACTOR to the Subcontractors for Work. performed or furnished. by. Subcontractors. If required by OWNER, EX1)C UhNhM coNutnoN"s 19104 a M ESaaa) 24, wIQTyumpa COLLimmODIFlCATIONS(REV4P000) CONTRACTOR "shall obtain competitive bids from Subcontractors nuxptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will -then determine, with the advice of ENGINEER yvhich bids if airy, will be accepted. If any subcontract provides that the Subcontractor isto be, paid on the basis of Cost of the Woik plus -a fee,. the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in pangaphs I I A. 11.5. 11:6' and 11.7. All subcontracts shall be,subjeci to the other provisions of the Contract Documents insofar as applicable. I;41:4. Costs: of special corsu_Itaras (including but not limited to engineers,. . architects,. testing labioratorias. surveyors ;attorneys :and accountants) employed for . services spccifically'related to the. Work 11.4.5. Supplemental costs irxlud'ng the folluwing 11.4.5.1. The proportion of necessary transportation, travel and subsistence egrertses of CONI'RACTOR's employees incurred in discharge of dutiesconnocted with the Work. Cost, including transportation and maintenance, of all materials, supplies, cgtiipmcnt,. machinery; appliances, office and temporary facilities at the snte.and hand fools not owned by the workers, which are consumed in the performanceof the Work, and cast less.market value of such items used but not consumed which remain the property of CONTRACTOR. 11'.4.5.3. RentaLs of all construction equipment and machinery and the'parts thereof, whether rented from CONTRACTOR or others in accordance with rental agreementsapproved by OWNER with the advice of ENGINEER and the costs of transportation, loading; unloading;, installation[ dismantling • and removal thereof -all in accordance with terms of said rental agreements. The rental ofuehany.sequipment, machinery or parts shall cease when the use thereof is no longer necessary for the Wort:. 11.4.5.4. Sales consumer, use or similar ta.,= related , to the Work, . and for' which CONTRACTOR is liable un -o cd by Laws and Rcgulutionn: 11.4.5.5. Deposit lost far causes.other than ,negligence- of CONTRACTOR, any Subconuuttor or anvone -directly or indirectly employed by any of them orfor whose acts any of then may be fiablc;'and royalty paymems and fees for permits andiicenses.. 11.4.5.6. Losses and damages (and related cNpe ses) caused. by damage to the. Work, not compensated by insurance or otherwise. sustained by CONTRACTOR in connection with the I i 1 1 1 I 1 1 I 1 1 1 1 1 i 1 1 I SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed 1 performance and furnishing of the Work. (except losses and damages within the deductible amounts of property insurance established by OWNER,in accordance with paragraph 5.91 ,provided they have resulted ,from causes other than the .rgigence of CONTRACTOR, any Subcontractor, or .anyone; directly or inilire�tly employed by any of them or for whose actsinny of them may be liable: Such losses shall include settlements made with the written consent and approval of OWNER No such losses, damages' and expenses shall be included in the Cost of the. Workfor the purpose of determining. CONTRACTOR's fee. It however, any such loss or damage: requires .reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fe'e proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8.. Minor 'expenses :such as telegrams,. long distance telephone calls, telephone service at the sitc, cxpm.wge and similar petty cash items.in connection with the Work. 11.4.5.9. Cast of premiums for additional Bonds and insurance required because of changes in the Work. 11 S. The term Cost of the Work shall not include any of the following: 11.5.1. payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of 'partnership and sole proprietorships); gerieral managers, engineers, architects, estimators, anomeys, auditors,. acc6untarns, purchisirm and contmotmg agents; expediters, timekeepers; clerks arid' other personnel employed by CONTRACTOR whether at the site orm CONTRACTOR's principal 'oir.a branch o&c for general administration of the Work and not specifically included in the agreed upon schedule of j_. classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-all ofwhich are to be considered admirustrative.ci covered by the: CONTRACTOR's fee. 115.1 Expenses of CONTRACTOR's principal and, March offices other than CONTRACTOR's office atl the site. 11.53. Any . part of CONTRACTORS capital' expenses, including interest on CONTRACTOR'S capital employed for the Work and 'charges against CONTRACTOR for cklincryerit pavmenis 113.4. Cust of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase'aml maintain the same (except for the cost of premiums covered by subparagraph-11.4.5.9 above). ' EXW G12N0 AL CON X71Ot\41910.4(i 990 8ttim) wiQTY OF FORT COLUM MODIF-ICATIONS 1RL•'V 4Q0001 1 11.5.5. Costs due to' the ii igerce of 'CONTRACTOR, any Subcontractor,. or anyone. directly or indirectly employed by, an of. them or for whose acts any of them may be liable, including but. not ' limited to, the 'correction of fijeetwe: Work.. di sal of materials or equipment µTcIngly applied anal making good any damage to property. 11.5.6. Other overhead or general expense costs of airy kind and the costs of any item not specifically and expressly.: included in paragraph, 11.4. 11.6.. 'The corrritACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as' fol l ows:. 11.6.1. a mutually acceptable, liceil'fee; or 11.6.2: if u fixed fee is not agreed upaL then a.fee based on the followingg percentages of the various' puition iCtheCostoftheWort-: 11.0.2.1. for costsincurred under pamgmphs 11.4.1 and 11.4.2, the. t'ONf RACI'OR'i fee shall be fifeenpereenr I1:6:2.2. for costs inciurcd under pamgmph UA.3, the CONTRACTOR's fee shall be five percent; 11.6.23. where one or more tiers of subcontracts are on the basis of Cast of the Work. plus a fee and no fixed fee is agreed upon. the intent of paragraphs 11.4.1, 11.4.2, 1.1.4.3 and 11.6.2 is'duat the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be'paid a fee of fifteen percent of the casts incurred by such Subcontractor under paragraphs 11.4.E and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will cach'bc 11.6.2.4. no fee shall be payable on the basis of costs itemizad under paragraphs 1.1.4.4, 11.4.5 and 11:5; 11.6.2.5. the "amount of credit. to be allowed by C0NfRA(:f0 C to OWNER Car arty change, which results.in a'net decrease in cost will be the amount of'ihe actual net decrease in cosi plus a deduction ih CONTRACTOR's fee by an amount equal to five percent of such net decease; and 11.6.2.6. when both additions and credits are, involved in anyone change, the adjustment in CONTRACTOR's fee shall be computed.on the basis of the net change in accordance with paragraphs.11.6.?.1 through 11.6.2.5,,:inclusive. 11.7. Whenever the cast of try Work is, to be 25 determined pursuant to paragraphs 11.4 and 11.5.. CONTRACTOR - will establish and maintain records thereof in accordance with gcmmlly accepted accounting. practices and submit in form acceptable to FNGINEGR-an. itemized cost breakdown together, with supporting data. Cask.411mrances: I ix It is understood that CO\*TRACTOR has included in the Contract Price all allowances so tamed in the Contract Documents and shall cause the Work so covered to.be far fishedand performed for such sums as may be -acceptable to OWNER and ENGINh3FR: CON`fRACI'OR agrees that: 11.8:1. the allowances include the cost to CU�ITR4CI'OR (less any applicable trade discounts) of inatdiak and equipment *squired by the allowances to be delivered at the sae rand all applicableta.ces; and 11.8.2. CONTRACTOR's cents for unloading and handling on the site, labor, installation costs„overhead, profit and other expenses contemplated for the allowances have been included'in the Contract Price. and not 'in the allnwancs and no demand. for additional payment on account of any of the foregoing: will be valid. Prior to foal payment, an appropriate Charge Order will be issued as rocommerded by ENGTINFF.R to reflect actual amounts due CONTRACTOR on account of Work covered by .allowarccs, and the Contract price sha11, be correspondingly. adjusted. 11.9. Unit Price. Work: 1.9.1-. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially, the Contract Price will be deemed to include for all Unit.Price Work an amount equal to the sumof the .established unit prices for each separately identified item of Unit Price Work tines the estimated quantity of each item as udicated in the, Agreement. The estimated quantities of items of unit Price Work are nioi guaranteed and are solely for the. purpose of comparison of Birk and determining -in initial Contract. Price. Determinations oftheactual quantities.anfd classifications of Unit Price -Work performed by 'CONTRACTOR will be made 6v ENGINEER in accordance with paragraph 9.10. - 11.9.2. Each unit price will be deemed to. include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's.overheatl and proft'for each separately identified item. 11.9.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if. 119.3.1. the quardity of any item of Unit Price Work performed by CONI'RACfOR differs materially and significantly, from the . estimated quantity of such item indicated in the Agreement EKW Gh'NELAL CONMTIOM 191" (1990 Edna) 26 wIrITY OF FORT OOLLi s,%tooiFicA-nONS(RL'v•lrt000) and 11.9.3.2. there. is no cone porxft adjustment with respect to any other item of Work; and 1.1.9.3.3. if CONTRACTOR believes .that CONTRACTOR is entitled to an increase- in Contract Price as a result of having incurred additional e.Vense; or OWNER believes that OWNERis entitled to a decrease in Contract Price and the parties_ are. unable to agree as to the amount of any. such increase or decrease. 11.9.3.4. CONTRACTOR acknowledges that. the OWNER has the right to add or:delete items in the.-Bid,orchange quantities at OWNF:RT sole. discretion without allectin¢'the Contract Price of anv. remaining :item 'so long as the deletion or addition does not exored twenty-five percent of the original total Contmct Price. i%RTICLE 12--CHAINGEOFC0NTRACTT'IMES 12.1. The Contract Times (or Milestones) may only be changed by; a.Change.Order or Written Amendment Arry claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the; other party _ and to ENGINEER promptly (but in no event later than thirty dnis) after the occurrence of the event giving rise to the clam and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to:'a_scerain more accurate data. in support of the claim). and shall be accompanied by the claimant's written statement that the adjustment'. claimed is the'rntire adjustment to which the claimant.has renson,to believe it is entitled as a result of the occurrence of said event: All claims for adjustment in the Contma Times(or Milestones) shall be determined by FNGINEFRR in . accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (m Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Comma Document are of the essence of the Agreement. 12.3. Where' CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) tlue•-to delay beyond the control of COM17RACTOR thrContract Times (or .NUZl tones) will be "ended in tm'amo&a equal to iime lost due to such, delay if a. claim is made therefor as provided in paragraph 12.L. Delays beyond- the control of CONTRACTOR shall include, but riot be limited to, acts or neglect by OWNER acts or neglect of utility owners or other contractors hxrl ing other work as contemplated by Article7. fires.(loafs epidemics; abnormal weather conditions nr acts of Gild. Delnys attributable to and I 11 within the control of a Subcontractor 'or StiMicr shall, be deemed to be delays within the control -of CONTRACTOR. 12.4: Where CONTRACTOR is prevented from completing in), part ofthe 'Arork within the Contract Times (& Milestones) due to delay beyond the,6ntnil of both. OWNER. and CONTRACTOR, an c.densitin of the Contract T imes (or Milestones) in.an amount equal to, the time lost due to such delay shall beMNTRACTOXs sole and, exclusive.' remedy for such dclu),.* In no event shall OWNER be liable to COiNTRACTOI;L,.anvS6b6ontm(-.tbr, . r any Supplier. any other paw I n . or I orgaruz B ti I oFL or to,any, surety' for or employee or �y agent of any of"them, for damages arising out of or resulting from'(i) delays caused 'CONTRACTOR, bk_ or within the control of the or. (ii) delays beyond the control of both paitic.4 includinX but ,not limited to, fires: fluodiepidemict4 abnormal weather conditions,acts of God or Acts or neglect by utility owners or.othercontractors perforraing other work as contemplated by Article 7. ARTICLE I I—TFNI'S XND INSPECTIONS; CORREC-nO1N,,Rl911OVAl, OR ACCFYrANCF OF DEVECTIVV WOR K 13.1. Notice qfDefvcrs. ftmpt notice of all defective Work,of which OWNER or ENGINEER have actual knowlcd& will 156 giLcn to CONTRACTOR- All defective. Work may 'be rejected, corrected or accepted as provided in this Article 13. : lccess to Work: 13.2. OWNER INGINMIZ,24011,=.R!sCmwttaritt. other representatives and personnel of OWNER, independ6it testing laboratories and goverrimental agcnei6l with juiisdictional interests will have access to the Work at reasonable times for their observation, inspecting and testing:. CONTRACTOR shall provide them proper and, safe conditions for such access. and advise them of CONTRj%,CTOR!s,sitc safety procedures and programs so that'tltey' may comply ihtrewith as applicable.' Tests and Inspections: pa CONTRACTOR shall give 'ENdwm- timely nofi6c of readiness of the Work for all required insp6&iorm tests or. approvals, and shall cooperate with inspection and testing personnel to facilitate requi I red inspectiosis or tests. 13A. OWNER shall employ -and pay for the services,of -an independent testmg laboratory to .perform all inspections, tests, or d*6vals required by the Contract Documents'exmpt:. 13A. 1. for inspections, tests or approvals,pryyered by paragraph 13.5 below; * ' 114.2. that costs incurred in connection with tests or inspections -conducted pursuant to rAmgmph BY. Im %vi'ctTyor. -i.-oRTcourt r.s,\ibL)n--iCA-n'ONS(RLV-lr2OOO) I below shall be paid as provided in said paiagraph'119; and 04J.as otherwise specifically provided in the Contract Doc�umcnis. U.S., IfLawsorRegulationsofanypubli ire any Work (or. part therec tested orapproved by an 'jurisdiction urepresentative of such public body, CC shall assume full• respepsibilitv for 'ai tcs 01 uispccuon.Or Ball also he responsible for shall'ra all costs in cone is or up , provals required for' oc.incotporinea in ine,wom Or OL MaWnHIS.1111LN UcsigrL&-, or.. equipment subbiftied for approval prior to- CONTKACTOR!s purchaise, thereof for incorporation in tha Work-1 13.6. IfanyWork- (or the woric of others) that is to he inspected, , tested, or. ' approved is cmcrcd' by CONTRACTOR without written concurrence of FN ' GINEFR,'it 'must, 1 requestod by FNG]Nf-.FR,, be uncovered for observation. 13.7., Uncovering Work -as provided in paragraph '13.0 shall- bi at CONTRACTOR's ' , esper se unless comru RAbl? has given ENGINFFR timely notice of CONITRACTOR!s interdiciii to cover the same and FNGINFFR has not _acted with reasonable promptness in response tosuch notice. UnC064'aing lVork.. 131.8. Warty Work is covered contrary 10 the written request, of ENGINEER, it must, if requested by '13NGINEEP, be uncovered W ENGMEER's observation; and replaced at CONTRACTOR!; exlx'nse; I - 1 1 3.9. 1 - f FNd-TIFFR considers it necessary or advisable that covered -Work be observed by DZIGMER or 'inspected -or, tested by others. CONITIZACTOP, 'at ENGINEERs request, shall uncover, ekposie or otherwise Ynak:C.available, f6i. o8iwva1im_ imspewon or testing as ENGINEER may require, that purticri of the Work in question ion' furnishing all necessary labor, material and u1ment. If 'it is ficurid'that such Work is defenth-e. coNTRAU10R, "D pay, all claims, costs,. losses and by, arisingiautof or resulLing,firorn such uncovering, expo s ure. observation'Inspection and testing, and of satiMhct6r�; replacement or recciristiuction, ient,of work decrease others):, iir. KI , OWNER shall be to anlappropriate creasc in the Contract Price, thc,parties are- unable to agrees as to -the amount may * make H claim therefor as provided . in, I L If. however.' -such' Work iswi found to be v, CONTRACI'M shall he allowed an increase in ttract Priccbr an extension of the Contract Times lesione%),, or: hoth, directly attributable to such 27 I uncovertrtt;, e.Vamtre, observation; utspectioit; [estirig, replacement and reconstruction; and, if the parties are unable to agree as to the amount or assent thereof, CONTRACTOR mavmake a claim therefor as.provided in Articles I I and 1i. 0WINER May Stop the IVork: 13.10. If the Work is defective, or CONTRACTOR fails 'way that the completed Work will confomt.w.the Contract Documents," OWNER may order CONTRACTOR to,stop ,the, Work; or any portion thereof, until.the cause for such order has been "eliminated however, this ngkt'of OWNER to slop thc'"Worl: shall not give rise to any dugs on the,pa11 of .OWNER' to escrcise this right for tfie, benefit of CONTRACTOR or arly'surety or other party. Correction. or Remmnl ofpefecdve-IVork 13.11. if.requiied by. ENGINEER, CONTRACTOR shall proiptly; as directed, either correct.all dafectiva work, whether or not fabridated,-installed or completed; or, if the Work has been !:jested by ENG INh t':R,remove it f -6m the site and icplacr it with Work that is not . defecfiv; CONTRACTOR shall- pay all claims;, costs, lassesand damages prised by or resulting from' such correction or removal (including butt not limited to all costs of repair or replacementof work of others), 13.12; Correctidn Period 13.12.1..If withinone-year two: vents after the date of 'Substantial Completion or such longer period of time as may be prescribed by Laws or -Regulations or by the .terms of'any applicable special guarantee reyuircd by the'CoaimctDocumems or by any specific provision of the Contract Documenis,..ariy Work is found to be 'defective„CONTRACTOR shall promptly, without cast been or not defective, and If;CONTRACTOR does -not promptly ..comply with :the. terms of such initntctioris,'o 'in an cinergency where delay would cause serious risk of _ loss or damage; OWWER may have the 'ckfecdw. Work corricted or the. rejected W6ik removed and. mplacett., and all claims;. 'car bases and-daineges caused.by or'resultmg:from such ' removal and , replacement (including _ but: not limited to all cogs of repair or replacement of work of others) will -be paid by CONTRACTOR 13.122.In..special-arcmnstances. where :t particular 'item of.eyuipment is .placed in contmuous'service beforc.Subsiantial'Complcuon of all the Work the, correction period for that item may start to run from an. earlier-ddate.If so provided inthe SpCdnftcalions or'by, Written Ameildment. 13.12J. Where defecthe Work. (and .damage is other EJCllC GI;iUF7G11; CONU1710N819103 (1'J70 Ed6tim) 28 wl CITY OF FORT C&LINS\tO0IFICAMONS(RLiY41/2000) Work resultant :therefrom) has been corrected, removed'or.replaeed under this paragraph 1312; the correction period Hereunder with respect to such Work will be extended: for. -an additional period of one year two, years. alter such 'correction or removal and replacement, has hean'satisfactoiily completed. Ccc4uancdofDefee6ve'.N ark 13:13 If instead ofrequiring correction or removal and ieplacemani-iif defective Work; OWNER (aril, pnar�iu ENGIATEER's recommerx&iion.of final-paymen4,also. ENGINFER)' jaefers:to accept it,OWNER may'do so. CONTRACTOR shall,pay, all claims; costs,', losses and damages: attributable, to- OWNFR's'evaluation �of .and determination to accept'sueh aafecfice bYork (sucli`costs to be;approved,by:ENGINEER as to reasohablcncs):' If any such acceptance .IXiCttra prior. to-ENCINEER's, recommendation of final paymem; a Change Order will be issued incixpomting. [He :necessary,, revisionsin the'. Contract: Documents with respect to the Work: and OWNER shall,be entitled to sn appropriate decrease in,the Contract price a.ad, if the parties 'are unable to agree alto the amomt;thereof,, OWNER, may make a claim therefor .Wprovided in Article IL If the acceptance becurs after such rccommendation,.an appropriate amount will tic paid 016NER Miq Comet Defective, W ark: 13.14., If CON'I'RACI'OR fails witlurra reasonable ime, "after wriinen.notice-front FNGINF.FR tocorrect defective, Work,or io remove and replace rejected Work as required 4y FNGINFFR in accordance with,paragraph 13.1.1; or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, of if CON F_ACTOR.fiils to comply with arty*other provision of the Contract Documents, OWNER may, after seven .days written' notice to�CONIRr\CTOR;'correct am] remedy any such the sitc;,take possession of all or part'. or the Work, and suspend CONM%CTOR's services related thereto; take - possession of CONTRACTOR's tools, appliances, cottstruaion equipment and machinery, at the site and incorporate in the Work all matermis and.. equipment, stoed� it the. site or- for which OWNER has' paid CONTRACTOR but., which 'are _ stored elsewheie., CONTRACTOR shall allow OiVNER, 'OWNER's. representatives. agents and emplcyees. OWNER's.Other corantdors, and ENGINEER and ENGfNEER's Consiultants :access to the, site to: enable OWNER. to eeercisedre rights aril remedies under.this,pamgraph. All claims, sink, loxises and damages inn nre d or sustained by OWNER -in ezer6siiig,s6ch ighis:and remedies will be charged againiit CONTRACTOR aril a Change Order will be issued incorporating the necessary revisions in the Contract; Documents, -with respect :to ilia Work; and OWNER shall be entiileil to an apprupriate decrease in the: Contract price, and, jf the parties are unable to agree as to: the amount.dwreof-,,' OWNER may make a claim therefor as'pnwidc&in.Article I1.. Such claims, cams, losses and darn ages will include but not be limited to all cans of "recommendation of paymentand.pres h repmr arreplacemcnt of work of others destroyed: or to OlvNER,sorreturn the Application to,( damaged by. correction. removal or replacement of indicating m writing ENGrNEER's reasor CONTRACTOR's defective Work. CONTRACTOR" shall recommend payment. In the latter case,.( not be allowed an ettension of the Conduct Tames (or may makes the necessary corrections at Milestones) because of any delay in performance of the, :A aoim., Teti days after prase Nor}; attributable to the CKjrCISe by.OWNLR of OWNER's. Application for Anyment to OWNER- wit rightsand remedies hereunder. recommendation, the amount recortimenc to'the.provisions of the last%sentence of liecome due, and when, due' will be paid' ARTICLE 14—PAYMLNTS TO,COh'TRACTOR ND CONTRACTOR COMPLETION ,cheditle of 11alnres•. 14.1. The schedule of valuesestablished as provided in paragraph 2.9 will serve as the basis for progress payments - and %ill be incorporated into a form of Application for Payment acceptable to ENGINTEER Progress payments,on accmmtof Unit Rice lVoilt:will he based on the number of units completed Application for Pro mwji'aymenr. 14.2. At leaktwenty,days before the"date ckablishcd for - .each .progress -payment '(but not more often than once -a month), CONTRACTOR shall submit to ENGINEER for revictv'an Application. for Payment. filled out and signed by CONTRACTOR cover* the Work'complete.d as of the date *of the Applicationand accompamcd hy-.such supporting documentation as is rccloired by the Contract Documents." If payment is requested onthebasis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site,:or rat, another location agreed to in writing, the Application' for Payment shall also be accompanied by a bill of sale, invoice. or other documentation warranting that OWNER has received the .materials and equipment free aid ctcar'of all Liens and evidence that the materials and equipment are covered by appropriatc.property insurance and other arrangements to protect OWNER's interest. therein, allof-which. will be satisfactory" to OWNER. The amount :or rLtaimage with respect to progress payments will be as stipulated in the to 14.5:. h'NGINUR's�: recommendation of any peymeni' requested. roan Application'forPaymeni will constitute a. representation by ENGINEER toOWNER, bakd 'm ENGINEER's on-snc o�ivanons of the cecattcd Work as an experienced and giialilieddesign pnofcssional and on ENGINEF.R'sreview of the Application for Payment and the'accemtpanying data and schedules,thatio-the best.of ENGINEER'sknowlcdge,.ihf niiation'andbelief: 14 1. the Woik has progressed to the point. indicated, 14.5.2. the quality of the Work is ;generally in an evacuation of"tne tv� prior in or:upcn'Sub'stiint of any subsequent, teks Documents, to.a firW det cliasssitications for ''U, txlragtaph 9:10, and to in the recommendation. i results the tna of quantities and ie Work orider� 145.3. theconditions precedent 'tw CONTRACTOR's being entitled to such payment_ appear to have. been, fulfilled insofar as it* is ENGTNE•ER's responsibility to observe the Work. However, by, r ENGINEER will represented that: inspections have b gtmnhty of the• ing any such payment. eby' be deemed to have Live or continuous on -site to check the quality or the eyond the responsibilities fGINLER_ in thz Contract CONTRACTOR.to be paid additional entitle OWNER to withhold payment to11 rVa a a ale l MIN l rlt%' I von:fVG IX WNIYCSaW I IIgIC W. UIc berreGts."oPColorado Revised St�tutes. Srctiori 2�Af-101, 14.6.. IIVGNCER's recommendation of- my: paymn nit. et see• including final payffictrL shall not mean that ENGINEER :is eesponsible,.'.for CONTRACTOR's :mearis;- methodti CONMCTOR's llra"way of Tide: techniques, sequences or procedures, of contstruction or ' 143.CONTRACTOR waranis and guarantees that title to all Work, materials and equipment covered byatry sa the fety pretauuons•and programs incident thereto, or. for'.any failure of CONTRACTOR tq'wmplywithLauis,, Application for payment, whether Incorporated in the and Regulations applicable to the lunishnng� or Project or not,. will pass to OWNER no later, than the time performance,. of Work;" or for. arty .failure of ofpuyment freeandclear ofall Liens. CONTRACTOR to ,perform or fumishi Work in Renew vfApplirn6ons for Progress Payment.'14:7 accordancewith the Contnict Documents.,. ENGINEER may rcfuu to rccommeind:the whole: 14.4: ENGINEER will,, within ten days after receipt of or any part of, any pxyincnt if.in ENGTNEER's opinion. "it each: Application for payment, either indicate inwritinga. would he incorrect' to make the, representations: to Fxv UNUCALcbNDITIOM 1910si0?oeim;om 29 wt CITY OF. FORT COLUM MODIFICATIONS (,MV 412000) I l OWNER referred toui paragraph 145 ENGINEER may also refuse to recenimend any such payment; or, because of subsequently discovered evidence., or the results of subsequent tmpections ortests, nullify any such payment. ,previously recommended, io such extent ass •may be ,necessary. m FNGINFFR's" opinion to protect OWNFR, Item tossbaause: . 14.7:1. the Work is dejectite,'orcompleted Work has ,beeii damaged requiring correction or, replaccmcnt, 14.7.2. .the Contract Price liar been reduced by, Written Amehdrreint or Change Order; 19.7:3. OWNER has been required to correct &ftj v Work or'cornpletc Work in, accordance with panagaph 13:1 a. or 14:7.3.. LNGLNEER has actual :knowledge of the occ;rrrence of .arw -of _the' events .enumerated in paragraphs'15'Zf1firough 15.2.4 inclusive. . OWNER'mayrefuse to makc:paymem of.the full amount recommended by FNGINEFR because: 14;75. 'claims .have: been made against OWNF,R on account ofCONTRACPOR'sperformance or -furnishing of the Work, 14.7:6. Licrns have been filed in connection,widi the 'Work, except where CONI'RAGFOR".has delivered a . spcciftc .Pond satisfactory to OWNER to ,wcurc the satisfaction and discharge;of such Licit, 14.7.7.. there are other.itemsentitling OWNER. ton sci. off against the aniountrecommended:or 14.7.8: OWNER has actual knowledge of the ur occrence of anv of the. events enumerated in paragraphs 14.7.1 i1trough 14:7.3 or. paragraphs 15.2.1. througfi.I 5? 4inclusive;. but. OWNER must give CONTRACTOR immediate written notice, (with a copy to FNGINFER) stating the reasons for .such'actie n and promptly pay ColTRA\CTOR the "amount so withheld or'arny adjustmeratherein agreed, to by OWNER and CONTRACTOR. when CONTRACTOR corrects to. OWNER's satisfaction the .reasons fosuch action: Substantial Compledon: 14.8. Wheri'CON'rRACTOR consideirs the'emire Work,, ready_ for its intended use CONTRACTOR shall notify OWNER'arnd ENGINEER inwriting,that-the erntire Work is substamially, complete (except for items specifically: listed by CONTRACTOR as incomplete) and -request that. ,E NGINGL•R issue a certificate of Substantial Completion. Within a reasonable time thereafter. OWNER. CONTRACTOR'end aiGINEIIt shall'make an ms -_tion of -the Work -to de-terminc the status of oompletidn; If ENGINEER, does net consider. the Work substantially complcte. ENOMM will notify CONTRACTOR in writing giving, the reasons therefor. If. HNGINEF.R EXW GENERAL comm-noNS 191" o 990 Edtim) 36_ wi ciW of FORT C15LUMN10DIFICATIONS(RLV4r2000) stders the Work substantially,complete,-]ENGINEER I prepare:iind'deliver io.OWNER 6tentative certificate. SubstamiaT Completion. which shall fir. the date of stantial "Completion: There •shall be attached to the aficate a tentativelist :of;items to be ccinpleted-or rected before findppaayment 'O}VNER shall have seven s after ra", ofthe tentative certificate during which maki written :objection to ENGINEER as to any, visions of the certificaie or, attached list: If;, after stderirig.such objections, ENGINEER concludes that Work.as riot substantially complete,. ENGINEER will hire fourteen days, after; submission' of", the tentative iftante to OWNER.iiotify CONTRA(, -TOR in':writing,., ing the reasons therefor. If, after consideration, of and to, items to be, ;cs front ihc' astified after; FR. At the as tintemnce, .heat, utilities it guarantees Unless OWNI x:otherwise in writing and'st ig prior to ENGINE:FR's.isst c: 'Of., Subsmoiial Corr aid.recommendation will -be. on OWNFR and CONt'RAC`r0R until fmal payment 14.9. OWNER shall have the, xight to exclude CONTRACTOR from the Work .after, the date .of Substantial :compieiioi:., hti OWNER shall allow CONTRACTOR reasonable accesstocomplete or correct. items'on the tentaiivelist: Partial UHfizadon:. 14.1o. Use by OWNER at OWNFR's option of any substamially,completed part.of the Work, which: (i)has specifically beentdenttfieil.irtthe'Comtract Documents,, or (a)O}VNER. ENGINEER and 'CONTRAGIOR agree: constitutes a separately Tunctio.ninE, andusable part of the: Work that can: be used by OWNER for its intended purpose without significant. .interference with CONTRACTORS perfomiance of iho remainder of the, Work, may be accomplished" Ikior to Subsiauitial Completion of alf the Work subject to the following: ;my 'such pan of the Work which ( be ready -'for its intended use ONl'RACTOR agrees that such pan of ibstaiilially complete, CONTRACTOR OWNER and ENGINEER thai such, rk is substantially complete and rcquest- to issue: a certificate of Substantial for that, pan of the Work: and any such- part.of:thc Work ready for its,iniended use ,and substantially complete arafrequest ENGINEER to issue "a certificate of Substantial Completion, for that part of Work- Withiri a r'ca'sormblc time's fter either such request, OIVNEF4 . :CONTRACTOR. and ENGINEER ihall'niake.an m-slectich of that'ptut of ,the Work to.determine its sutus:of completiort. If ENGINEER does rot cansidei thiat-ptut of the Work to ,be substantially complete, ENGINEER will-mxify .OWNER and CONTRACTOR. in writing giving the, reasons thereffir.. If ENGINTUM considers that part of .the. Work, to be substantially complete. the provisions and the division of d "access thereto. 14.10.2. No occupancy orsepamtc operation of part of the Work will be accomplished prior t operation . 'compliance, .with the requirements of pa. mgm. ph 5: 15, iii-respect.rif property insurance. Pineal Inspection: 14.11. Uponwfinen noti&ftcm CONTRACTOR that the entire kilorkr or -an agreed portion' thereof is complete, ENGINEER will make a final inspection with 011i'NER and CONTRACTOR and will notify. CONTRACTOR in Avritingof all.partic.ulari in :which this. inspection reveals, that the Work is incomplete or CQN`rRA(TrOR shall immediately take such measures as are necessary . to, complete such work or remedy, such deficiencies. Final Appticationfor Aaymem.- 14.12.-After. CONTRACTOR hasr,completed all' such corrections to the satisfaction of ENGINEER and delivered in -accordance with the Contract Documenis all ffifitirtenanicie and operating , instructions schedul guirifitFes, Bends; certificates: or other eviderwe of insurance required .by paragraph5.4, certificates of inspectiorL markcd�up record documents (as provided in paragiaph6ig) and other �ocument; cbdrIzAcTok may make appliciiiiiin'fitir final payment following the' procedure for progress pqmekM The final Applicationlia: 'payment 'shall be accompanied (ercepi as previously delivered), by: (i)all documentation called for in the Contract Document4 including but not. limited to the, evidence of insurance required by stibliaragraph5.4.13, .(ii)conscrit of the surety..ifany. to final paymcm,and (ii)complete and legally eff&tiVe releases or wiiiverz; (satisfactory to OWNER) of all.Liens arising out of or filed momit6aich4itlithe Wdrk- In,lieu oNi6hreleasesm waivers of Liens and as approved by OWNER, CONTRACTOR may,fiUrnish receipts or releases in full and affidavit of CONTRACTOR "t: (i) the releases and for include all labor, services, material and equipment for which iii Licn:coulil be fila,land (ii)all payruU niatcrial and equipment bills, and other indebtedness cormocted with the Work for whichOWNER or OWNERs ..property ty might in any, way be responsible have been paid or 6ilienvise satisfied If any Subcontracior or Supplier fails. EKW&N06iiocomx-noNs 1910-8 (fowEchtiw) wiaTy ot, FoR r coLummowicAnaiis *v,w000.) to Cur fish such a release or receipt in JUU. 'CONTRACTOR may filrnish'a Bond or other:oollateml satisfactory to OWNER to indcmnify , OWNER.againg ,any Lien. Releases or waivers of liens and the cement of the surety to finalize payment sre 'to'bc submitted o 'forms conform ing to the format'ofthe OWNER'S standard forms bound in thvRLqigcL �anual. Final Payment andAcceptance the Work dunin-g- 'cortruc'u6n and final- inspection. and ENGINEER's review.6fthe'final Application for.Payment and,accompanying documentation as required by. thci *Contract Documents, FNGINFER- is satisfied that the. Work has been completcdand WNTRACTOR's'othir obfigatiio'nis_, 'underi the Co-ritr'a-dt Do'cta-cins" have been' ofulfillcd, HNGINFER will, within ten days aftcr rcccpt'of the final Application for, payment.; inchoate in writing, ENGINEER'S recommendation of rymcm:'and present the Application to. OWNER for' pa34iicnt. At the same time FNC;FNFF RrVAII also gi I ve,wn I tien notice cto'OWNER: and ' LbYr RAM"OR t6t; the WiAt is acceptable subj&v to the provisions of paragraph 14.15. , Otherwise; FNC;INF.F.R will return die Application' -to CONTRACTOR, indicating , in % . v . n , tinj -dh- � reasons for r6isirig'iol recommend 'final paymcraJn which .6=� CONTRACTOR. -hall make the necessary corrcc ons and resubmitche'Application, Thirty days after presentation'to OWNER of the Application and accompanying' dDaimentatio-ii,,in appropriate roan' and substance and appropriate with ENGINEER's recommendation and notice of accL�ptability,'the:amo6ri-iccommehik-d by ENGINEER will become'. due and, will he paid by: OWNER to 14.14. If through no faitifi%of'QONTRACTOR, final amipleticif 6f the Work' is sigiiificamly delayed and if. ENGINEER so confirms; OWNER shall, upon r6ocipi of CONTRACTOR's final Applicaticiiii for Payment and recommendation of ENGINEE-R, and without terminating, the Agreement, make payment of the balance.due for that portion or the Work fully completed and acceprted, if remaining6lanoe to be held by OWNER for. Work not of -the surety -to the payment of the balance.due for that portion of the Work fullycompletedand accepted shall be: submitted by 'CONTRACTOR io'LNGRl M- with the, Application for siuch"ptiviinint, Such payment shall be made under the terms. and conditions governing final; paymenL except thai it "[I not constitute a waiver of claims. Widreir of Claims: 14.15. =The making and avAptarice of final payment wilt constitute: 14.15.1.a, waiva of all-claims.by OWNER,against CONTRACTOR. except claims arising from, unsettled Liens, from &fecfive Wo&nP peiiring rifter 31 final ',� h 14 inspection pursuant 16 1 fi7dM failure 0 mply �=a . th Con=mcnis or the terms.of,any speciA.guaranices specified therein. or from OONTRACTOFVs continuing 6bliptions under thetontrait Docurnimts; and waiver of all claims by CONTRACTOR! against OWNER other dm those -previously ma&in writing and sifli unsettle& ARTICLE .IS -SUSPENSION OF NVORk AINM 'TERMINATION' 0JVNM'J1dySu.Wend,lVvrA-,-. 15.1. At any time and without cause. OkV.NER may siuspitrid the Work or'any portion thereof for a period'of not more , d im-, ninety dnotice clays 'by - noti- pic:in 'writing io CONTRACTOR and ENGINEER which will FN the;dmc on which Work will he rcsumd. WgrkAurbk shall Work_ resume the -on the date so fixed CONTRACTOR. shall ,h.cw_allowed .,im adjustment in the.Contract Price - or an Memnon of the, Contract TirnL%' or . both. directly attributable to airysuchiviiispcnsiori`.if CONRAC71'OR' makes an approved claim -therefor as provided, in Articles I Land 12. MrNEW May Terminate 15:2, Upon.the -occurrence of any one +or more of the following events. 15.2.1. if CONTRACTOR OR persistently fails to perform the WA. in accoidmice With the ConducLIX)cuinfunts (including. but not limited to, failure to su - pp. ly, , sufficient itable'riaterims or stalled workers or so 11 or equipment failure to adherclio the' progress; schedule, citiablished under pa-ra-S'raph'29 as adjusted Irom time to time 'puritaitni to'paragraph 6.6); 15.2.'l if tbNtkAcTbR 'disregards I- aws or kegulationsp .CONTRACTOR any public body *ingjurisdiction: 15.23: if CONTRACTOR disregards the authority of ENG INEM- or 15:2.4. if CONTRACTOR otherwise violates iii in), ;substantial way any provisions: of the .Contract Do6umcn&-. OWNER, may, aher giving CONTRACTOR. (and the surety, if,a seven days written hofic& and to the tent of CONTRACTOR.-culude CONTRACTOR from the site and take, pos;csiiiin of the Work and or all CONTRACTOKs:, -tools. appliances construction equipment maFraitchincr- 'at the site a y fid use the same to the fiaU dent they could be' ukil by CONTRACTOR (without liability to CONTRACTOR for trCIP!ss or, conversion). incorpon, aein the Work all matcriaist.and equipment stored at the site or f6r which OWNER has paid 32 UMCQENULLCONDMWiS 191" (199QEdtim) %kiwoF FORT (:&Li\z.� I 01)*-1CX'r10NS (PX-V- I r000) CONTRACTOR but which are stored elsewhere; and finish the Wark as OWNER may deem expedient: In s6eff cssc'CONTRACTbR sha1no(bc,c*htiticd to. Y, receive an further paym�.unfil the Work is finished: Ifilic unpaid approved HNG INHER inompprat6d in a Change Order, provided try when exercising any, rights or-'remedics .6d& this panigraph',OWNERshall not be to qUired to, obtain I � the lowest price for the W66c' perf6mcd. I5A; Where COM'"OfORs services' hive term inated -by, OWNM- the tcrmination will not affect .any rights or , remedies of OWNER -against CONTRACTOR thenexistingor which-niay thereafter acente. Any, Jret6tion., or pn . yment of moneys 'chic 06N'F_RAtTrOK I 'by. OWNER will not release: 'coNTRAC:rOR from liability. 15.4. Upon seven day? written notice to .CIONTRAcTOR and FN(dNFEK 'OWNER may, without cause -and without prejudice to artyotherrigid, oi remedy. of OWNER elect to terminate the Agreement. In such 'case, 'CONTRACrOk. shall be paid (ivithout do li'catio f p no any!tems):: 15.4.1. for completed and acceptable' Work executed in accordance with. the Contract Documents prior to - the effective date of, termination,- including fair and re=—nablc sums' for - overhead and profit on, such. Wdrk;- 15.4.2. for expenses sustained prior to die -effective date. of Urnimintio , n,_ in perfonning services and fiainishaig labormaterials or equipment as-re'quire-d oc by the Contract. - Duments. in conne'etio'n 'with uncompleted Work, plus'Ibir aitifieasbr;able sums for - overhead and profiCon such c.xpc.rtsc;; 15.43. foi, 611 claims; costs..losses and damages, incurred in settlement:of terminated comiucts with Subcontractors, Suppliers aM'otherv.,and 15A.4. for,reasonfible ex to termination. penses directly attri_ ble , CoNrrRAcToR shaii rot he 'paid of, 4cumiad *or ii of. anticipated proflis or revenue or other economic loss arising out of orresulfin6; from such termination CONTRACTOR Miiy, SYop Kirkwr Terminiii1e: 15,5r, lGftou6hnuaciorfauliof.('ONTF-,kCrOKthe W ml suspended - " �thsfi " days-, is Ufa period of.more Junety by OWNER or. under. an',oider"of. court or other public adfi8 i or. ENGINFER.fails-to acron arty Application authority, Payment witlfin4iirty days after it is'sdbmitted or OWNER fnils for thirty days tei pay CONTRACTOR any sum finally determined to be; due, then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER. and provided OWNER or ENGINEER do not remedy, such suspension or failure within, that time, terminate the. Agreement aril recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and withoutprejudice to any other right or remedy. if ENGINEER has failed to act on an Application for. Payment within thirty days alter it `is submitted or OWNER ,has'ftiled.for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days written notice to, OWNER and ENGINEER stop the. Work until payment of all. Yxh amounts due CONTRACTOR. including interest therenm The' provisiorisbf this paragraph 15.5 are not .under Articled I and 12 for an increase. in Contract Price. or Contract Times or otherwise, for eyrenscs w damage directly attributable to CONl'RACTOR's,stopping Work as .permitted by thisparagraph.. - ARTICLE 16—DISKYTE RMOLUI-Ib\ If and to the extent that OWNEIZ. and CONTRACTOR have agreed on the method and procedure: for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, of any, shall be as set forth in IidnibitGC-A, 'Di9"e Resolution Agreement", to be,attached hereto and trades part hereof. If no such agreement on the method and procedure for resolving such disputes has, been reached and subject to the provisions of piamgmphs 9.10, 9.11 and 9.1.2, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—Al7SCELLAe tEOUS Gur ing Notice. 17.1. Whenever any provision of .the Contract Documents requires the giving of written notice, it will be deemed to have been validly given'if delivered in person to the individual or to a member of the rum, or to an officer of the corporation for whom it is intended orif delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Timer 17.2.1. When any period of time is referred to in the Contract Documents by days it will be computed to exclude the first aril include the last day of: such period If the last'day of any -such period falls on a Saturday or Sunday or on a day made legal holiday by the law of the applicable jurisdiction such day will be emitted from the computation. F.1COC GLWstR iL CONDITIONS 100.8 (f *Edina) w(CITY OF. FORT COLUM \SODIFICAnON'S IRLV d2(a10) 17.2.2. A calendar day of twenty-four hours measured from midnight to the next might will constitute a flay. Notice of Claim_: 17.3. Should OWNER or CONfRACTOR'suffer"injury' or damage to person or property because of any, error,, omission or act of the other party or of any, of the other party's employees or agents or others forwhose.aets the, other party is legally liable, claim will bee. made irf %v itaig- to the other. party-within".a reas.enable'time of the first observance of such injury or damage. The provisions of this paragraph173 shall. not he construed as a,substitute. for or a,wtiverof the provisions of any applicable statute of limitations or repose.Cunuula(ive Remedies; 17.4. The ,duties and. obligations imposedby these Gcrtcml Conditions. and the rights'and remedies available hereunder to the parties hereto. and 'in particular butt without limitation, the wnrmnt.es, _ guarantees, and obligations imposed upon 'CONTRACTOR by pan igmphs 6.12; 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14;. 14.3 and 15.2 and all of the rights and remedies available; to OWNER and ENGINEER thereunder, are inaddition to, and are not to be constivcd in any way as'a limitation' of, any rights and remedies available to any.or all of them which are otherwise 'unposed or available by Laws or, Regulations by special warranty or guarantee or by other .provisions of the Contract, Documents, and the provisions of this paragraph will he as effective as if'rcrcatcdk specifically in the.Contmct Documents in connection with each particular duty, obligation right and remedy to which they. apply. Prafemional Fees and Court Costv Included' 17.5.. Whenever reference is made to 'claims; costs, losses and damages"; it shall include in each case, but riot: be limited to, all fees,and charges of engineers, architects. attorneys and 'other professionals. and 'all court or arbitrationonother dispute resolution costs 17.6.. the laws of the State of Colorado appl �[y o.this. Agreement. Referenceto two pertinent Colomdo:stalutrs are msTollmvs:, 17.6.2. If a claim is filed OWNER is required by law (CRS 38-^_6-107)to withhold from all payments to CONTRACTOR sufficient funds to insure r>:+vment of'all claims for labor, materials. team hire.. sustearice. provisions provender, or other supplies' used or .consumed by CONTRACTOR or his- 33 EX-M CENU N: COMnOA6191041199(1 tdim) 34 wt (,TYOF FORTC6LLI\S\SOi)iFicA-riom(IUv42000) I SECTION 00510 NOTICE OF AWARD DATE: OCTOBER 25, 2011 TO: ART GUILD INC PROJECT: 7184 DISCOVERY MUSEUM EXHIBIT FABRICATION ' OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your proposal dated September 29, 2011 for the above ' project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 7184 Discovery Museum Exhibit Fabrication. The Price of your Agreement is Two Hundred Seventy Thousand One Hundred Sixty - Nine Dollars ($270.169). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. ' You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by November 9, 2011. ' 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must ' bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as ' specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. ' Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. ' Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents ' attached. City of Fort Collins ' OW4ae By _(ax J. O'Neill, a116PPO, FNIGP t+e_ ; I/ Director of Purchasing & Risk Management L (Phis Me left blank imen6onally.) 11 1 1 ' EXW GE a RAL CONDMON819IOs (19" e(Mim) 35 ai CITY OF FORT COLUM\fODMCAMIO (RLV•IR000) t 1 1 1 1 1 1 EX-M GE?"ERAL� CONDIMO?I S 1910-3 (1990 EStim) 36 W16TY OF FORT COLLm a omFicAnom(R13var_000) a 0 u EXHIBIT GC -A- to General Conditions of the Construction Contract Between OWNER and CONTRACTOR. DISPUTE RESOLUTION AGREBIENT OWNER and CONTRACTOR herebv agree Ithat Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR, is amended to include the following agreementof the patties: 161.. All claims, disputes and ,other matters in question between -OWNER and CONTRAGI`OR arising out of or relating to the Contract Documcnis or thebreach thereof (except. for claims which have heegn.wanved by the making or acceptance of final payment as pnwided by �paragmph 14.15) will he decided by arbitration m 'accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining. subject to the limitations of the Article 16. This agreement so, to arbitrate and any other agreement or consent to arbitrate entered into in nccordance-heiLwith to provided in this Article 16 will be specifically enforceable under theprevailing law of any court having jurisdiction. 16.2. No demand for arbitration of soy claim, dispute or other matter that is required to be referred to ENGMTEER initially for, decision in accordance with pamgmph 9.11 will lie made until. the crirlier of (a) the date on which FNGINEFR has-rerdercd a. written decision or '(b) the thiriy-first day after the parties have presented their evidence to ENGINEER if a written. decision has not been rendered by ENGINF.FR before that date. No demand for arbitration of any such claim, dispute or other, matter. will be made later than thirty days after the date on which. .F.NGNEF.R hasrendered a written decision in respect. thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ERIGINEER!s decision being final. and binding upon OWYER: and CONTRACTOR If ENGINEER renders a decision after arbitration proceedings have been initiated such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned.. No.demand for arbitration of any written decision of LNGINEER rendered in accordance with paragraph 9,10 will be made later than ten days alien the party making; such demand f6 delivered written notice of intention to appeal as provided in paragraph 9.10: 16.3.. Notice of the demand for arbitritutm`will be filed in writing with the other party to the Agreementarid with the American Arbitration Asiocmhon and a copy will be sent to ENGINEER for information The demand for arbitration will be. made within the thirty -day or taklay period specified in paragraph 1&2 as applicable, and in all other cases within a reasonable time after the claim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the elate when institution of legal of equitable proceedings basal on such claim, dispute or other manta in question would be barred, by the applicable statute of limitation. EJCIJC GENERAL CONDITIONS 1910,8(1990 Echum) wf CITY OF FORT COLLI1,L4 MODIFICATIONS (WEV.9199) 16.4; Rxcept,is provided in pamgraph,16.5 below. no arbitration .arising out of or relating to the Contract, Documents shall include by consolidation. joinder or in any other manner any other person or entity. (including ENGINEER,. ENGINTEER's Coitsultant and the officers. .directors; agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is. necessary if complcte,relief is. to be afforded among: those who are already parties to the arbitration, and 16.4.2. such other person or. euiry is substantially involved in a question of law or fact which is common to those'ivho are already parties to the arbitration -arid, which will arise in such proceedings, and 16.4.3. the written consent of the. other personor, entity sought to be included and of OWNER and CON'I'NAGI'OR has been obtained for such inclusion,:, which conseriv shall make specific referenceto th pamgmph but no'such consent shall constitute consent to arbitration of any'dispute not specifically described in such consent or to arbitration with any.pnrty not specifically identified in such consent. 16.5. Notwithsrandam paragraph. 16.4, if'o claim, dispute'or other matter in question between OWNER nil CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR. may join such Subcontractor as n party to the arbitration between OWNER and CONTRACTOR hereunder. CONI'RACI'OR shall. include in all subcontracts required by pamgmph 6.11 a specific provision whereby the Subcontractor conceits to being joined in an arbitration between OWNER. and CONTRACTOR involving the Work of such Subcontractor. Nothing,in this paragraph 16.5 nor'ih thc� provision of such subcontract consenting io joinder shall create any. claim, _right. or cruse of action in favor of w Submrnctor and against OWNER ENGINEER of ENG4,JEER's Consultants that does not otherwise eiist. 16.6. The award. rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to. mod ifiratiitn or appeal. 16.7. OWNER and CONTRACTOR agree thatlhey. shall fast submit any and all unsettled claims counterclaims, disputes and other matteis in question between them arising out of or relating to the Contract; Doicuments or the breach thereof ('disputes'), to mediation by the American Arbitration Asso:muon under they .Construction Industry Mediation Rules of the American Arbitration Ass&iattoi.prior to either of them initiming against, the other a demand for arbitration pursuant to paragraphs .16.1 in 16.6. unless delay initiating, arbitration would irrevocably prejudiceone of theparues:. The respective thirty and ten day time. limitsmithin which to flea demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute .submitted to mediation within thou same applicable time limits acid shall remain suspended until ten _ days after the termination.of the.mediation. The mediator of any dispute submitted to mediation under this Agreainernt shall no serve as arbitrator of such dispute unless otherwise agreed. GC -AI b6i)dGEI"FRAL COL4DInONS 191o.s I197O F�timl k-Ai w/ CITY OF FORT COLLINS MODIFICATIONS (RFV.9i94) SECTION 00800 ' SUPPLEMENTARY CONDITIONS i I L 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 0 numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 0 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and a Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance Q policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). O SCA2.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero 0 days lost due to abnormal weather conditions. D 1 1 1 1 SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Discovery Museum Exhibit Fabrication CONTRACTOR: Art Guild Inc. PROJECT NUMBER: 7184 DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost: 4. Change in Contract Time ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER 0.00 TOTAL PENDING CHANGE ORDER 0.00 TOTAL THIS CHANGE ORDER 0.00 TOTAL % OF THIS CHANGE ORDER TOTAL C.O.% OF ORIGNINAL CONTRACT ADJUSTED CONTRACT COST $ 0.00 Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: Project Manager REVIEWED BY: Title: APPROVED BY: Title: DATE: DATE: DATE: APPROVED BY: DATE: Purchasing Agent over $30,000 cc: City Clerk Contractor Project File Architect Engineer, Purchasing ¥ ke \� f s� �2.. q q q § - - k a . 6§$$I zoo z 3<�$b2 oaIxw ��gCL0 §(§ �§ < 7 . k ) � i 2 % § o 0 `« 2 f2 2 z a ) o @c 2 ) E ) °co k §§ 7 / 2{ k e C0_k■/ ƒ / § A 0-0 \ § § § z k < < = _= g ; m `° 22�2© §0 3 ° § ® 0 - #� 22=cu e z A§ § 2 G} §ƒ<3§ / §) [ R k§ k# G `)�0 � z� & 7 ))�\-j � \ J§ oI < E zo ) ` § Z&§ 2 k m\ ca _ _K _ _ _ § § \ k %a $§ k 0 \ L \ ` 0 k § / / � £ 2 §■ ] ] J � c 4 L ƒ < 2 2 2 3 2 p k k E § 2 z2 2 < 2 © S§ 2 �z § ��§§ 2 «$ ��� ± ( )-0/§ § EAz k 6 § ) � © kƒ © A/ 2 0 r oƒ C � � N O a co N W y C9 000000000000000000000000000000000 Q �� �000000000000000000000000000000000 4 o F�-W �����������o»o»��������������vj�wr���� d o N o C .N O N � 0) m a coo00o00000000000a00000000000000000 0000000000000000000000000000000000(5 Ac 00000000c000000000000000000c000000 E to to to to to to to v> to to to to to to v► to to fo e13, w v► v3, 6416% vq v> E» v► to v). 6% V9. u► u► E Ua� co0oo000000000000000000000000000000 Q. a)N N O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O Y y =O O O a Q fry try FA to to to to to fA EA to to to to to to to to fo to to to v► to 613,64 613,64 v► t % 6% v). fi el, H Ow > •C l o `.a Ua � UQ �n a c0000000000000000000000000000000000 00000000000000000000000000000000000 Q 70 4) Y 00000000000000000000000000000000000 Qt9VfvsN9tov!to vo v►eov►fAfo Coto vifAvi to to ff/ to to to to Coto to to to to to vi to O d L coo0oo00000000000000000000000000000 O0000o000000000000000000000OOo00000 1000000000000000000000000000006Ci000 Qtotovswtotntnvvatr>vato»tnwVs-Vn- 111to64613,e409,wtn641.6n619,64 V.vl tVsl otn .. m 'C U tea` N � C F � Z C Q 7 � Q IgUL r � J Z a Q O Q Q m m d E Z