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Home My WebLink About113060 MOUNTAIN CONSTRUCTORS INC - CONTRACT - BID - 7654 WESTSIDE ACCESS ROAD - NORTH COLLEGE ROAD IMPFCity of ort Collinschasin Purg SPECIFICATIONS AND Financial Services Purchasing Division 215 N. Mason St. 2" Floor PO Box 580 For[ Collins, CO 80522 970.221.6775 970.221.6707 fcgov.con✓purchasing CONTRACT DOCUMENTS IM910 WEST SIDE ACCESS ROAD - NORTH COLLEGE ROADIMPROVEMENTS BID NO. 7654 PURCHASING DIVISION 216 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS JUNE 18, 2014 - 3:00 P.M. (OUR CLOCK) 0 responsible Bidder that proposes to use acceptable subcontractors. • Subcontractors, suppliers, other persons or organization listed and to whom OWNER or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the effective date of the Agreement as provided in the General Conditions. 10.3. CONTRACTOR shall not be required to employ any subcontractor, supplier or other persons or organizations against whom he has reasonable objection. The use of subcontractors listed by the Bidder and accepted by OWNER prior to the Notice of Award will be required in the performance of the Work. 11.0 BID FORM. 11.1. A copy of the Bid Form is bound in the Contract Documents which maybe retained by the Bidder. A separate unbound copy is enclosed for submission with the Bid. 11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must be stated in words and numerals; in case of conflict, words will take precedence. Unit prices shall govern over extensions of sums. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the corporate name. 11.4. Bids by partnerships must be executed in the partnership name and signed by a • partner, his title must appear under his signature and the official address of the partnership must be shown below the signature. 11.5. Bids by joint venture shall be signed by each participant in the joint venture or by an authorized agent of each participant. The full name of each person or company interested in the Bid shall be listed on the Bid Form. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, OWNER may require the Bidder to identify any alteration so initialed. 11.8. The address and telephone number for communications regarding the Bid shall be shown. 12.0 BID PRICING. Bids must be priced as set forth in the Bid Schedule or Schedules. 0 determined pursuant to paragraphs l IA and 11.5.. CONTRACTOR Will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itmizod coal breakdown together with supportatgdata. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named iri'the Contract Documents and shall cause the Work so covered to be furnishedand performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1, the allowances include the .cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, Overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on amount of any of the foregoing will bevand. Prior to fired payment, an appropc'rate Change Order will be issued as rmommend:d by ENGINEER to reflect actual amounts dun CONTRACTOR an ecmunt of Work mvaed by allowances, and the Contract Prim :shall be correspondingly adjusted. 11.9. Unit Price Wok 11.9.1. Whore the Contract DoC enrLx provide that all a pan of the Work is to be Unit Price Wok initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Prim Work tames the estimated_ quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contact Price. Determinations of the actual quantities and clai4ficalions of Unit Price Work performed by CONTRACTOR will be mad by ENGINEER at accordance with paragraph 9.10. 11.92, Each unit prim will be deemed, to include an mount comidered by CONTRACTOR to be adequate to cover CONTRACTOR's Overhead and profit for each separately identified item. 11.9.3. OWNER or CONTRACTOR may make a claim fm an adjustment in the Contract Price in accordance with Article I l if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; EXI)COEHEI AL CONOITIOM 1910-3(IMEdtim) 26 ad CITY OF FORT COLLII'S MODIFICATIONS(REV<Ro00) and 11.9.3.2. thereds roc corresponding adjustment with respect to arty other item of Work; and 11.9.3.3. ifCONTRACTOR believes that CONTRACTOR is entitled tow increase 'in Contract Price as a result of having incurred additional :expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties areunable to agree is to the amount of any such increase or decrease. 11.9 3 4 CONTRACTOR acknowhdees -that the OWNER has the right to odd or delete items in the Hid or change quantities at OWNER'S sole discretion without-allectin¢ the Contract Prim of my remaining item so lane as the deletion or addition does not exceed twenty-five percent of the original tool Contract Price ARTICLE 12—CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contact Times (or Milestuntes) shall be � on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no went later than thirty days) after the ocatianm of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more arcuate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to behove it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with pamgmph9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Timis (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12-1. 12.2. All time limits stated in the Contract. Documents 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) due to delay beyond the control of CONTRACTOR, the Contract Times (m Milestons) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph 121. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work iss-contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and E S 0 • within the control+of a Subcontractor or Supplier, shat be below shall be paid as provided in said .deemed to be delays within the control of CONTRACTOR paragraph 13.9; and 12.4. Where .CONTRACTOR is prevented from 13.43, as otherwise specifically provided in the 'completing any part of the Workwithin the Contrail Timm Contract Docurnrnts. (or Milestones) due to delay. beyond the control of both OWNER and CONTRACTOR, an extension of the 13.5. If Laws or Regulations of any public body having Contract Timm'.(or Mllestones);in'an amount equal to the jurisdiction require any Work (or port thereof) specifically time lost due to such delay shall be CONTRACTOR's sole to be'inspected, -tested or approved by an employee or and exclusive remedy for -such delay. In no event shall other representative of such public body, CONTRACTOR OWNER lie liable in CONTRACTOR any Subcontractor, shall assume full responsibility fir arranging and 'any Supplier, any 'other person ororganizatim or to any obtaining such inspections, tests or approvals, Fay all costs surety for or.employee or ageiu of anyy of them, for m connection therewith, and furnish ENGINEER the damages arising out of or resulting froth (h) delays caused - required certificates of inspection, orapproval. by or within the control of the CONTRACTOR, or CONTRACTOR shall also beresponsiblefor arranging -pay (ii) delays beyond that control of both parties including, but and obtaining .and shall all costs in connection with not limited to, fires, goods, epidemics, abnormal weather any inspectors, tests or approvals required for OWNER's conditions, acts of God or acts or neglect by utility owners and ENGINEER's acceptance of materials or equipment to or other contractors performing other work as contemplated be incorporated in the Work, or of materials, mix designs, by Article 7. or equipment submitted for approval prior to CONTRACTOR's,purchase thereof 7T incor}wration in trier Work. ARTICLE 13-TF-STS AND INSPECTIONS; CORRECTION, RFMOVAL OR ACCEPTANCE OF 13.6. If any Work (a the work of others) that is to be DEFECPIVF. WORT: inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER; it must, if requested by ENGINEER. be uncovered for observation. 13.1. Notice, ofDefecrs: 13.7. Uncovering Work as provided in paragraph 13.6 Prompt notice of all dafective Work of which OWNER or shall be at CONTRACTOR's apense unles ENGINEER have actual knowledge will be .given to CONTRACTOR has given ENGINEER timely notice of CONTRACTOR All defective Work may be rejected, CONTRACTOR's: intention to cover the same and corrected or accepted as provided in this Article 13. ENGINEER has not acted with reasonable promptness in response to such notice. Access to Work: Uncovering Work: 13.2. OWNER ENGINEER ENGINEER's.Comulmnts, • other representatives and penormel of OWNER 13.8. If any Work is covered contrary to the written independent testing laboratories and governmental agencies request of ENGINEERit must, if requested by with jurisdictional interests will have access to the Work at ENGINEER be uncovered for ENGIN'EER's observation reasonable-rrmm far their observation; inspecting and and replaced at CONTRACTOR's expense. testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of 13.9. If ENGINEER considers it necessary or advisable CONTRACTOR'S site safety procedures and programs so that covered ,Work be observed by ENGINEER or that they may comply therewith as applicable. inspected or tested by others, CONTRACTOR, at ENGINEER's request. shall uncover, expose or otherwise Tedirandlnspectiona: make available fm observation, inspection or test' g as ENGINEER may require, that portion of the Wok in 13.3. CONTRACTOR shall give ENGINEER timely question, furnishing all necessary labor, material and notice of readiness of the Work for all required inspections, equipment If it is found that such Work is defective. Tests or approvaK and shall cooperate with inspection and CONTRACTOR shall pay .all claims, costs, losses and testing personnel to facilitate required inspections or tests damages caused by, mismy out of a resulting from such uncovering, exposure, observation, inspection and testing 13.4. OWNER shall employ and pay for the services of and or satisfactory replacement or reconstruction, in independent testing laboratory to perform all (including but not limited to .all casts of repair or mspeclions, tests, or nppovas required by the Commet replacement of work of others): and OWNER shall be Documents axcepl: entitled to an appropriate decrease in the Contract Price, and, if the parties at unable to agree as to the amount 13.4.1. for inspections, tests or approvals covered thercof may make a claim therefor as provided in by paragraph 13.5below: Article 11. If, however, such Work is not fond to be &-fecnve, CONTRACTOR shall be allowed an increase in 13.4.2: that costs insured in connection with tuts the Contract Price or an extension of the Contract Timm or inspectiorts conducted pursuant to paragraph 13.9 (or Milestones), a both, directly attrihumble to such EICDCOEW-KAL OOMI nOM 191" (1990 Utica) 27 a1QTy OF FORT COLLINS MODIFICATIONS (REV 4r1000) 0 wcovering, ,e. Tre, observation inspection. testing, .replacement and reconstruc[iom and, if the parties me unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim th refo as. provided in Articles 11 and 12. OWNER Afay &op the Work., 13.10. If the Work is defecate, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop Ithe Work. or any portion thereof. until the cause for such order has been eliminated; however, this right of OWNER to stopp the Work shall not give rise to any duty on the part of OIVNER to exercise Iles it& for the benefit of CONTRACTOR or any surety or other party. Common or Renrmnl of Defective Work: 13.11. If required by ENGINEQ2, CONTRACTOR shall promptly, as..direcled, either correct all defective Work, whether or not fabricated, installed a completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, Icsses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Con edion Period, 13.12.1. If within one-ymr two icons 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 required by the Contract Documenis or by any specific provision of .the Contract Documents, any Work is found to be. defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER'S written instructions: (i) correct such defective Work, or, if it has been rejected by OWNER remove it from the site and .replace it with Work that is not djective, and (ii) satisfactorily coact or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such inslructiurs, or . in an emergency where delay would cause scrims riskof loss a damage, OWNER may have the defective Work connected or the rejected Work removed and replaced and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited toall costs of repair or replacement of work of others) will be paid by CONTRACTOR 13.122. In special circumstances wherea particular item of .equipment is placed in Cominuous service before Subslemial Completion of all the Work, the cmecliort priest for that item may start to nos from an earlia•eYate if so provided in the Specificatiors or by Written Amendment 13.12.3. Where defective Work (and damage to other EKI)COOM AI. CONW TIOM 1910 9 (1990 E�tian) 28 wt CITY OF FORT coLtiNS mownCATIotrs(IIEVV2000) Work resulturg therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of aw year two veers after such correction or removal and replacement Ims been satisfactorily completed. Acceptance ofDefeeflve Work:. 13.13, If, instead of requiring correction or removal and replacement of defective Work, OWNER (arna prior to ENGINEER's recommendation of final -payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all .claims. costs. losses and damages attributable to OWNE:R's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's .recommendation of final payment• a Change Order will be issued incorporating the necessary revision% in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contact Price, and, if the parues arc unable to agree as to the amount thereof, OWNER. may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER Afay Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace re acted Work as required by ENGINEER in accordance with paragraph 13111, or if CONTRACTOR fails to perform the Work in accordance with the Contact Documents, or if CONTRACTOR fails to comply with any other provision of the Comae Documents, OWNER may after swat -days written notice to CONTRACTOR, correct and remedy any such deficiency. Inpxcrcising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may txclude CONTRACTOR from all or part of the site, take possession. of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work .all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR .shall allow OWNER. OWNER's representatives, agents and employees, OWNER's other catmctors and ENGTNEEI2 and ENGINEER's Consultmas access to the site to enable OWNER to exercise the riC and remedies under this paragraph All claims,:co5u, oases and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Cataract Pricy and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article t 1. Such claims, costs, losses and • • damages will include but not be fimited to all costs of .repair or replacement of work of others destroyed or damaged bbyy correction removal or, replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed in cmension 'of die Contract Times (or Milestones) because of any, delay inperformance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14—PAVAIENTS TO CONTRACTOR AND COMPLETION Schedule of Values 14.1. The schedule of values established as provided in FamgmPh 2.9 will serve as the basis for progress payments and'wilI be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work %till he based on the number of units completed. Application far F7ogresrPayment 14:2. At lost twenty days before the date established for each progress payment (but not more often than once a mach), CONTRACTOR shall submit to ENGINEER for review an AFlicationfor Payment filled outand signed by CONTRACTOR covering the. Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents._ If payment is .requested on the Basis of materials and equipment not incorporated in the Work but delivered .and suitably .stored at the she or at another location agreed to in writing the Application for Payment shall also: beaeconipanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory, to OWNER. The amount of retainago with respect to. progress payments will be is stipulated in the CONTRACTOR'a WmmNy of Tide: 143. CONTRACTOR warrants and guarantees that title to :all Work, materials and equipment covered by any Application for Payrinent, whether incorporated in the Project or not, will Pam to OWNER no later than the time of payment fice and clear of all Liens. Review ofApplieadons for Progr—Pay-ent 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a EICDC OMEkAI, CONU11'ION519104 (1990 Mien) wit CITY OF FORT COWNS MODDICAltONS (REV 42000) recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing ENGMEER's reasons for refumtg to recommend payment. In the latter case. CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after ppresentation of the Application for Payment to 019NE12 with INGIINEER's to the provisions of the last sentence of became due and when due will be laid CONTRACTOR 145. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to; OWNER, based on ENGINEER's on -site observations of the executed Work as an expcnenco l and qualified design profesional and on ENGINEER's review of the Application far Payment and the accompanying data and schedules that tothe best of ENGINEER's knowledge, information and belief. 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in .accordance with the Contract Documents (subject to an evaluatitm of the Worn as a functioning whole prior to or upon Substiniial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10,and to any other qualifications stated in the recommendation), and 14.53. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's respotsibifity to observe the Work. However, by recommending any such payment ENGINEER ;will not thereby be deemed to have represented that: (i) exhaustive or continuous orsite inspections have been made to check the quality a'the quantity of the Work beyond the, responsibilities specifically assigned to ENGINEER in the "Contmct Documents or (ii) that there may notbe other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally._ by OWNER. or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGFNEER's recommendation of any payment, including final payme nk shall not mean that ENGINEER is responsible for CONTRACTOR's means nielho(1% techniques sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the tiunishing or performance, of Work, or for arty failure of CONTRACTOR to perform or furnish Work in 14.7. ENGINEER may refuse to recommend the whole or any part ofmy payment if. in ENGINEER's opinion it would be incorrect to make the repreentamons to 29, OWNER referred to in paragraph 145. ENGINEER may also refuse to recommend my such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tesls. nullify any such.payment previously recommended, to such extent as may be necessary in 6NGINEE-R's opinion to. protect OWNER Gan loss because: 14.7.1. the Work is defective, -or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct &fective Work of complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occnrrcrrce of any of the events enumerated in Paragraphs 15.?.1 through 15.2.4 inclusive; OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5, claims have been made against OWNER on -account of OONTRACfOR's performance or furnishing of the Work, 14.7.6. Liens have been filed in connection with the Work, accept where' CONTRACTOR has delivered n specific Bond satisfactory to OWNER to secure the satisfaction and'dischargc of such Liens, 14.7.7. there are other items entitling OWNER to a set- off against the mount recommended. of 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated 'in paragraphs 14.7.1 through 14.7.3 or pamgmphs 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGTNb-ER) slating the reasons for such action and promptly pay CONTRACTOR the amount m withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR when CONTRACTOR avvects to OWNER'. satisfaction the reasons for such action Substantial Coinpledon 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER amid ENGINEER in writnng that the. entire Work is substantially complete (except yr items specifically fisted by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER. CONTRACTOR and ENGINEER shall make an inspeetim of the Work to determine the status of completion. If ENGINEER does not consider the Wort: substantially complete. ENGINEER will notify CONTRACTOR inwriting giving the reasons therefor. If ENGINEER EJCDCOENS AL CONDITIONS 1910-3OM Edtim) 30 nut CITY OF FORT COLLIM MODI1FICATIONa(REV4R000) considers the Work substantially complete. ENGINEER will. prepare and deliver to OWNER a tentative certificate of Substantial Canpletiot which shall fix the :date of Subslamial Completion. There shall be attached to the certificate a tadative list of items to be completed or connected before final payment OWNER shall have seven days after receipt of the tentative certificate diming which to make written objection to ENGINEER as to any provisions of the certificate or attached list.. If, after mmidemi& such objections, ENGINEER concludes that the Work is not substantially complete. ENGINEER will within fourteen days'af cr submission of the tentative cerofi®m to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said founcert days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative fist of items to be nvnnletrd a cnrrectern reticence, such chars s from the time of delivery of the tentative certifimte of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of rcaporsibilitics pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRAC' f OR ages otherwise in writing and so inform ENGINEER in wrrtug prior to ENGINEER's issuing the definitive catifimte of Substantial Complcmon, ENGINPRR's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion but OWNER shall allow CONTRACTOR reasonable access to complete or cored items on the tentative list Partial Mirstion. 14.10. Use by OWNER at OWNER's option of any substantially completed pan of the Work, which: (it has specifically been identified in the Contract Documents• or (i) OWNER, ENGINEER and CONTRACTOR agree constitutes a separutely functioning and usable part of the Work that cart be used by OWNER for its intended purpose without significant interference with CONTRACTOR'S performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.I.OWNER at any time may request CONTRACTOR in writing to permit OWNER to use my suctn part of the Work which -OWNER believes to be ready for its intended use and substantially ramPPlete. If CONTRACTOR agrees that such p in of the Wale is substantially c emplete. CONTRACTOR will certify to OWNER and ENGINEER that such Mt of the Work is substantially complete and request GINHER to issue a certificate of Substantial Completion for that pan of the Work. 11 0 s • 0 CONTRACTOR at any time may, notify OWNER 04GR-TEM in writing that CONTRACTOR cots any such pert of the Work ready for its intended and svlsfantaiIly complete and request ENGINEE issue a certificate of Substantial Completion far part'of the Work. Within a reasonable time after e such request, OWNER CONTRACTOR ENGINEER shall make an inspection of that pa the Work to determine its status of comoletion reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of thatpartof die Work and the division of responsibility in respect thereof and'acecs thereto. 14.1U. No occupancy or separate operation of part of the Work will be accomplished prior to compliance .with the requirements of pnmgmph 5,15 in respect of mJ property iirance. Finat Inspection: 14.1 I. Upon written notice from CONTRACTOR that the entire Work or anagreed portion thereof is complete, ENGINEER will make a final inspection with.OWNER and CONTRACTOR and will notify -CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or dfective. CONTRACTOR shall immediately take such measures asare necessary to 'complete such work or remedy such deficiencies. Final Application for Payment: 14,12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contact Documents all maintenance and operating instructions. schedules, guarantees, Bonds, certificates or :other evidence of insurance required by paragmphS.4, .certificates of inspection,, marked -up record documents (as provided in paragraph6.19) and other documents, CONTRACTOR may make application far fnni payment: followhnt the evidence of insurance required by subFemgmph5.4.13. (ii) consent of the surety, if any, to final payment, and (iii) complete and legally .effective releases, a waivers (satisfactory to OWNER) ofall Liens arising out of or filed in connection with the Work In lieu of such releases or waivers of Liens, and es app.rovel by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: O the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (i)all. payrolls, material and equipment bdlti and other indebtedness cannoned with the Work for which OWNER'or'OWN&R's property in ight in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails EJCDCOAQRAL 00tUlj6N519104 (1990 Edtim) wiCITY OF FORTCOLLIAS MODIFICATIONS (REV 4rt00a) to furnish such a release or receipt. in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or waivers of liens and the consent of the surcly to finalize mvincnt are to be submitted on forms confonnine to the format of the OWNER'S standard forms bound in the Project manual. Final Payment ondAccepmnee: 14.13. If, on the basis of ENGINEER's observation of the Work during conitruction and final inspection, and ENGINEER'S review of the final Application far Payment and accompanying documentationasrequired by the Contract Documents. ENGINEER is satisfied that the Work has' been completed and CONTRACTOR's other obligations under the Corinna Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application far Payment. indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also Rive written notice to OWNER to the provisions at paragraph 14.15. Othernise, ENGINEER will return the Application to CONTRACTOR, indicating. in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, inappropriate form and substance and with. ENGINEER'S recommendation and notice of acceptability, theamountrecommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to paraeraoh 1762 of these 94geral CondttiM u through no fault of CONTRACTOR final ion of the Work is significantly delayed,and if EER so confirms, OWNER shall, upon receipt of ACTOR's final Armlication for Pavment. and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retaimge stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR`m ENGINEER with the Application for such payment Such payment shall be made under the terms andconditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.I.a waiver of all claims by OWNER against CONTRACTOR except claims arising fiom unsettled Liens, from &fective Work appearing after 31 final inspection p7m" to paragraph 14.11. from failure to comply wlth iheC.Sua Ibamens or the terms oC anY special guarantces specified therein, or frao CONTRACTOR'S eontmuing obltgatrors order the Contract Documents; acid 14.15:2.A waiver of all claims by CONTRACTOR against OWNER other than those previously made in wnung and still unsettled - ARTICLE 15-SUSPENSION OF WORK ACID TERMNATION OWNER May Suspend Work: 15A. At any time and without cause. -OWNER may suspend the Work or airy portion thereof for a period of not more than ninety days by notice in 'writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both. directly ,attributable to any such supauion if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12, OWNER Alay Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including but not limited to. failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragmph2.9 as adjusted from`time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body havhgjutisdiaion; 15.2.3. if CONTRACTOR disregards the authority of ENGINEER or 15.2A. if CONTRACTOR otherwise violates in any -substantial way any provision of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any).seven days' written notice and to theextent permitted by Laws and Regulations, terminate the services of CONTRACTOR exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR'S tools, appliances. construction equipment and machinery at the site and use the same to the full cment they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all matenals and equipment stored at the site or for which OWNER has paid EJCDCOM,I&L I. CONDITIONS 19104: 0990EMM) 32 wJ CITY OF FORT COLUNS MODIFICATIONS(REV4R000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may dean expedierrt. In such case CONTRACTOR shall not be emitted to receive arty further payment until the Work is finished If the unpaid balance of the Contract Price e=mds all claims, casts, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such claims. costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, lasses and damages incurred by OWNER will be reviewed by ENGINEER isto their reasonableness and when so approved Fy ENGINEER inoarpomted in a Change Omer, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed 15.3. Where CONTRACTOR's services have been so terminated by OWNER. the termination willnot affect an rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue: Any retention or payment of inmeys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without taus: and without prejudice to arty other right or remedy of OWNER elect to terminate the Agreement. In such case, CONTRACTOR shall he paid (without duplication of my items): 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 reasonable sums for overhead and profit on such Waft; 15.4.2. for expenses sustained prior to the eRmtive date of termination in performing services and furnishing labor materials a equipment as required by the Contract Documents in 'connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Submmmctors. Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on. account of loss of anticipated profits or revenue a other economic loss arising out of or resulting From such tmntation- CONTRACTOR dlav Stop Work or Temdnaty 155. I(throorh no as or fuult of CONTRACTOR the Work is suspended for a period of more than ninety days by OWNER or unJa an order of court or other public authority, or ENGINEER fails to act on arty Application fa Payment within thirty days after it is submitted or OWNER fails forrhirty days to pay CONTRACTOR my 0 n L_J • C I sum finally determined to be due, then -CONTRACTOR may, upon seven days' written notice in OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement amp recover from .OWNER rymenton the same terms is provided in paragraph 15.4. lieu of terminating the Agreement and without prejudice .to any other right or remedy, if ENGINEER has faded to act on an Application for Payment within thirty days alter it is submitted, or OWNER .h as failed for thirty days to, guy CONTRACTOR tiny sum finally determined to be due, CONTRACTOR may upon seven days written notice to OWNER and ENGINEER stop the Work until payment. of all such amounts due CONTRACTOR.. indudmg interest thereon. The provisions;of this pemgmph 15.5 we net intended to preclude CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise. for expenses or damage directly attributable to CONT'RACTOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RhSOLI1TION If and to the extort that OWNER and CONTRACTOR Have agreed on the method and procedure for resolving disputes between them that may prise under this Agreement, such dispute resolution method and procedure, of any,. shall be as set forth in ExhibitGGA, "Dispute Resolution Agreement",.to be attached hereto and made -a part hereof. If no such - agreement on the method and procedure for resolving, such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9,11 and 9.12, OWNER and CONTRACTOR may exemise such rights or remedies as tither may otherwise have under the Contract. Documents or by Laws-.ar Regulations in me pcct ,of any dispute. ARTICLED—NMCELLANEOUS Giving Notices 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended. or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time: 172.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period If the last day ofariy such period falls on a .Saturday or Sunday oron a day made a legal holiday by the law of the applicable jurisdiction, such day will be emitted from the computation. EICOCOENERAL CONDITIONS 1910E (1990 Edtim) w/CITY OF FORT COLMJ 14 MODIRCATIONS(REV 412000) 17:2.2. A calendar they of twenty-four hours measured from midnight to the revel midnight will wrisidutc a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, emission or act of the other party or of any of the other party's employees or agents or others for whose acts the other patty is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3'.shall not be construed as a substitute for ora waiver of the provisions of arry applicabldstmuto of hmitatims'or reouse.6mialnt'ive Remedies. 17.4. The duties and obligations unposed by. these General Conditions and the rights and remedies available hereunder to the parties hereto, .and, in particular but without limitation, the -warranties, guarantees and obligations imposed upon CONTRACTOR by pamgmphs6,12; 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, arc in addition to, and ate not to be construed in any way as a limitation of, any rights and remedies mailable to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guaramec or by other provisions of the Crmtmct Documents, and the provisions of this paragraph will beas effective as if repeated n,ificalty in the Contract Documents in connection with each particular duty, obligation right and remedy to which they apply. Pmfearional Fues and Court Cosulneluded: 175. Whenever reference is made to "claims, costs, losses and damage?, it shall include in each case, but not be limited to, all fees and charges of engi eem architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs 116. Maws of he S ate of Colorado apply to this reemenl. Reference to two pertinent Colorado statutes are as fOACIA's 176 °claim GI d OWNER is remm� W law (CRS 35-26-1071 to withhmld from all payments to CONTRACTOR sufficient furls to insure the payment of all claims for labor materials, team him sustenance. Provisions provender, or other surrish umd .or consumed by CONTRACTOR or his 33 EICDCOENERAL CONOITION3191"(1990Emtim) 34 µi CITY OF FORT COWNS MODIFICATIOM(REV4nOW) . le i (this page left blaa- intmdmally.) • EXDCOENERAL COND171OM 19109 (1990 Edlim) w/CITY or rOk7 COLLINS MOD1r1CAMN5 (REV 920M) 0 35 • 13.0 SUBMISSION OF BIDS 13.1. Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title, Bid No., and name and address of the Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders Qualifications, and Schedule of Subcontractors as required in Section 00430. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED" on the face of it. 13.2. Bids shall be deposited at the designated location prior to the time and date for receipt of Bids indicated in the Invitation to Bid, or any extension thereof made by addendum. Bids received after the time and date for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. 13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and will not receive consideration. 13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association. 14.0 MODIFICATION AND WITHDRAWAL OF BIDS. 14.1. Bids may be modified or withdrawn by an appropriate document duly executed (in a manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. • 14.2. Bids may also be modified or withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and authority at any time prior to the opening of Bids. 14.3. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. 15.0 OPENINGS OF BIDS. Bids will be opened and (unless obviously non -responsive) read aloud publicly as indicated in the Invitation to Bid. An abstract of the amounts of the Base Bids and major alternates (if any) will be made available after the opening of Bids. 16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE. All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but OWNER may, in his sole discretion, release any Bid and return the Bid Security prior to that date. 17.0 AWARD OF CONTRACT. 17.1. OWNER reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to • reject the Bid of any Bidder if OWNER believes that it would not be in the best E1COC GENERAL CONDITIONS 19105 (199OEditim) 3G i aTy OF FORT COLIJ NM MODIFICATIONS(REV 4/1000) • EXHIBIT GC -A, to General Conditions of the Construction Contract. Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Cons'vuaion Comma between OWNER and CONTRACTOR is amended to include the followinvg agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR wising out of or relating to the Contract Documents m the breach thereof (except for claims which have been waived by the making or acceptance of final piayinent as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement ,so to arbitrate and any, other agmement or consent to arbitrate ordered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the orevailine law of anv court havine iwisdictirm 16.2. No demand for arbitration of any claim, dispute. or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day alter the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be.made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9. 11: and the failure to demand arbitration within said thirty days' period will result in EIQGINSER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated. such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in pamQraph 9.10, 16.3. Notice of the demand for arbitration will be riled in writing: with the other party to the Agreement and with the American Arbitation Association and a copy will be sem to ENGINEER for information The demand for .arbitration will be made within the'thtrtyKday.m ten-0ay period specified in paragraph 16.2 as applicable, mail in all other cases within a reasonable time after the claim, dispute or other manor in question has arisen, and on w event shall .any such and be made after the date when institution of legal or equitable proaedutgs based on such claim, dispute or.other. matter in question would be barred by the applicable statute of limitations. EJCDC GENERAL CONDITIONS 19104 099a Edition) rid CITY OF FORT COLUM MODIFICATIONS (REV 9N9) 16.4. Ercept as provided in paragraph 16.5 balm, no arbitration ansing out of relating;to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER ; ENGINEER's Consultant soil the officers, directors, agent`s, 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 completerelief is to* be afforded among those who_iire already parties to the arbitration,' and 16.4.2. such other person or endiy is. substantially involved in a question of law or fact which is common to those who are already parties to. the arbitration and which wil I arise in such proceedings, and 16,4.3. the written consent of the other person or entity sough to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which coned shall make specific reference to this pwagrapdn, but no inch corsem shall constitute consent to arbitration of any dispute riot specifically described in such consent or to arbitrationwith any pxiny not spccirieally identified in such consent. 16.5. Notwithstanding paragraph 16;4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcomractor, either OWNER or CONTRACTOR may join such Subcormactm is a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing: in this paragraph 16.5 nor in.thc provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and aping OWNER, ENGINEER or ENGDNE:ER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may he entered upon it in my caul having jurisdiction thereof and it will not be subject to mblificationor-appeal. 16.7. OWNER and CONTRACTOR agree thaltlrey shall fast -submit any and all unsetfled -claims, counterclaims, disputes. and 'other -matters in question between them arising out of or relating to the Contract Documents or the breech thereof ("disputes*), to mediation by the American Arbitration Association umber 'the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursiant to paragraphs 16.1 through 16.6. unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to'fde a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shmll and serve as arbitrator of such dispute unless otherwise agreed. EJCDC OENERAL CONDITIONS 19104 (1990 Efitian) .1 CITY OF FORT. COLUNS MODIFICATIONS (REV 9M) OC-AI 0 SECTION 00800 SUPPLEMENTARY CONDITIONS • • SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have • limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero 0 days lost due to abnormal weather conditions. n U n LJ • • SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: West Side Access Road - North College Road Improvements CONTRACTOR: Mountain Constructors Inc PROJECT NUMBER: 7664 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 .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGNINAL CONTRACT % ADJUSTED CONTRACT COST $ .00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: DATE: Project Manager REVIEWED BY: Title: APPROVED BY: Title: APPROVED BY: Purchasing Agent over $30,000 DATE: DATE: DATE: • cc: City Clerk Contractor Engineer Project File Architect Purchasing • 0 � u 0 « 4 & b ) LMkk@ LU CO 20zz ZOO z 0<0-() j</JCL\ $ } \ FU t F- L) § ) ca .\ E § \ \ _0. § ya _ / j {Z /\}CL / - : § f \ } ) ° ° w ); - q2 \/5Cl R \ \� \ /# §/ t� j ) _ () / / f» U/F- < 7 ) EL f ( 2 & ) " \ \ _ tf LE \ \ �\ 0 u . § )� ® ; { ) o : 7 0 § ) \ { j 6 y (§ ! \§ g I .. ® , o � 67f E L) f { 0 „ \ \ \}} } \ } \ § / § / a O a C -Q V U N LL a m O N w a (D O N 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 Q I E O- o 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O F- O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O IL �Lm 61)E96AU)CGU4viv)v)u916F)v3.E9E9696->6F)61310)UiUiU>v)6964:)613-6919E9vi N O N N cu a 2 C O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 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 O a Qv)EAu)v)f9v3v)v3696,3-wwv)<9 EA v) v> fA M w f9 u-) fA u) v) toEA v> v) EA ( o W > 0 0 �o000000o0o0000o0o00oaaaoaa0aC00 'O 7 0 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7 o 6�MO6N �cq��O696qbqy>6.O�O��Ooa 6 6 6M6 E66% M N- N N to es o o F O a,5 Q am w a a U > Y Q n coo0000o000oao0000ocl o0000ao0 N a 7000000000000000000aa 00000000aa 0o0,0,6600000000000000000000000006 Y Ev)EAv)v)u)U9 UA vi fA vj u)v)EA 696s 69 EA t96e v) vj u3 to v) vi 6s v) to to v) 69 O p o N C U H o T C7 �0O00000o00000000000000000000000 0000oo0000o000000000ooao00000000 00000000000000000000000000000000 ui69&A 6o u)ui 6i 6)643,69 u)u)v)v)vjv) u) 69 u) v) u) v) v) v) ui 6316s u) w v369 C U tea` v, U z � T O 7Z Q 7 H d U o a z Z O o a� 0 • • • 0 • 11 a LL U — O d m Cl) w (D N O O 0 0 00 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 00 0 0 00 0 0 0 O O 0 C O• F- O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O o o O O O O O O O O O o O O O O O O O CD o CD 0 d a N w o o o U3 U) Ui U) U) U! 643 U) 6F3 U) U) 63 Ui U) U3 Uf U) U) U) U) U! U) U) U) U! U! U) U),U) Uf ee Ui a� O N N O 0 r W FL a) a 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 O Q 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 00 O F- Y a) a) 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 O Q U3 U3 U) U3 U) U) U) 6s U) U) U) U) U) w w U> U> U3 U) Ui Uf U) U) Uf U) U) U3 U3 U) U3 U) U) Z O a oa) U~� o� a O O �o0oo0000o00000000o000o0000oo00 00 �o0000000000oo00000000000000oao 00 za Y a o o 0 o 0 0 0 0 66 0 0 0 0 0 060 0 0 0 0 0 0 0 0 0 0 0 0 0 66 0 0 O O p,'j Q U3 U) U3 U3 63 <» U) U) U} UY U) U) Ui U3 U7 U3 U) U) U3 U3 U) U) U) U> U3 U) U) Ui U3 U) <» Uf .` ¢load U U J O IL a Q �00000000o0000000000000000000 00 -o 00000000000000000000000 aa 000000 00 a> �000000000000000000000000000000 00 U) 613 643 >O Q O p N C H 0 O �000000000o00000000o00000000000 00 0o000o000000000000000000000o00o 00 E0000oo000000000000o0000000000o Oo Q UT U) U) U) fA U) Ul 03 U3 03 U3 U) U) 6,3 U3) U) U> U> U) 6. Uf U3 U) U) Ul Uf U3, U) U) 613 U) a) 'E U tea` N c w U - Z lA a C Q() J = Q = W U00 F- a O U O -a w a Hp0 z p w _ O U N 0 d a ma E Z interest of the Project to make an award to that Bidder, whether because the Bid is • not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3. OWNER may consider the qualification and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations is submitted as requested by OWNER. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidder's proposed Subcontractors, Suppliers and other persons and organizations to do the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and responsible Bidder whose evaluation by OWNER indicates to OWNER that the • award will be in the best interest of the OWNER. Award shall be made on the evaluated lowest base bid excluding alternates. The basis for award shall be the lowest Bid total for the Schedule or, in the case of more than one schedule, for sum of all schedules. Only one contract will be awarded. 17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within forty-five (45) days after the date of the Bid opening. 18.0 CONTRACT SECURITY. The General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it shall be accompanied by the required Contract Security. 19.0 SIGNING OF AGREEMENT. When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER hall deliverbrie fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. u LL o0 o 0 �asN'm a an00aaa000000o00000aaaaaa00000 0 W S L ,U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 EA i7 c F-cl EH EA ui EA 64 EA EA 66 EA EA EA EA fA fA (» EH fA ui EA EA 611 EH EH EA EH 613,613, to ZF9 EA M Qa0 r 0 0 N N a0 Uf c IL a >Na o _ o 0 UL a) a)~d 0 U J Q a = = O W } 2 � 0 F- < c t» < < o� wZO ZO O F- c 0 U to a) U a) J O £ > O> a) a) E J Z i 0 9 20.0 TAXES OWNER is exempt from Colorado State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price. Reference is made to the General and Supplementary Conditions. 21.0 RETAINAGE. Provisions concerning retainage are set forth in the Agreement. 22.0 PURCHASING RESTRICTIONS. Purchasing restrictions: The Bidder's authorized signature of this Bid assures the Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing and Risk Management Division or the City Clerk's office. A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certify that the cement was not made in cement kilns that burn hazardous waste as a fuel. 23.0 COLLUSIVE OR SHAM BIDS, Any Bid deemed by the City in its sole discretion to be a collusive or sham Bid will be rejected and reported to authorities as such. Your authorized signature of this Bid assures that such Bid is genuine and is not a collusive or sham Bid. • 24.0 BID RESULTS. For information regarding results for individual Bids send a self-addressed, self -stamped envelope and a Bid tally will be mailed to you. Bid results will be posted in the Purchasing office seven (7) days after the Bid Opening. END OF SECTION • SECTION 00300 BID FORM `J • 0 • is SECTION 00300 BID FORM PROJECT: 7654 West Side Access Road - North College Road Improvements Place:7plaH-eV"IIP r:o Date: /,1 I d iy 1. In compliance with your Invitation to Bid dated 0. 20A and subject to all conditions thereof, the undersigned a (Corporatio , Lh imited Liability Company, Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State of Colorado hereby proposes to furnish and do everything required by the Contract Documents to which this refers for the construction of all items listed on the following Bid Schedule or Bid Schedules. 2. The undersigned Bidder does hereby declare and stipulate that this proposal is made in good faith, without collusion or connection with any other person or persons Bidding for the same Work, and that it is made in pursuance of and subject to all the terms and conditions of the Invitation to Bid and Instructions to Bidders, the Agreement, the detailed Specifications, and the Drawings pertaining to the Work to be done, all of which have been examined by the undersigned. 3. Accompanying this Bid is a certified or cashier's check or standard Bid bond in the sum accordance with the Invitation To Bid and Instructions to 4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar days from the date when the written notice of the award of the contract is delivered to him at the address given on this Bid. The name and address of the corporate surety with which the Bidder proposes to furnish the specified performance and payment Bonds is as follows: (.! l:� Avip. Cn_&o,. Rati,J--�, 5. All the various phases of Work enumerated in the Contract Documents with their individual jobs and overhead, whether specifically mentioned, included by implication or appurtenant thereto, are to be performed by the CONTRACTOR under one of the items listed in the Bid Schedule, irrespective of whether it is named in said list. 6. Payment for Work performed will be in accordance with the Bid Schedule or Bid Schedules subject to changes as provided in the Contract Documents. 7. The undersigned Bidder hereby acknowledges receipt of Addenda No. through EXHIBIT 1 — REVISED BID SCHEDULE ITEM NO. ITEM DESCRIPTION QUANTITY UNIT', UNIT COST COST 202 CLEARING AND GRUBBING 1 LS - $ coo - 202 REMOVAL OF ASPHALT MAT (3"TO 6") 994 SY - $ Q 7O 202 REMOVAL OF SIDEWALK 18 SY 202 REMOVAL OF CURB AND GUTTER 41 LF _ $ 202 REMOVAL OF TREE 27 EA 3043 $'- 202 REMOVAL OF TREE STUMPS 5 EA 5 $ 202 REMOVAL OF FENCE (VARIOUS TYPES) 600 LF gs $ 1 I p -" 202 REMOVAL OF RIP RAP 62 SY O - $ 8 6 O -- 202 REMOVAL OF HEADWALL 1 EA $ p o - 202 REMOVAL OF BASE POST FOUNDATIONS 4 EA $ 8o6 202 MISC DEBRIS REMOVAL - 1319 N. COLLEGE 1 LS q goo.- $ 202 MISC DEBRIS REMOVAL - 1475 N. COLLEGE 1 LS 1D. 500.- 202 MISC DEBRIS REMOVAL - 1505 N. COLLEGE 1 LS q 3W ^' $ y 203 UNCLASSIFIED EXCAVATION(CIP) 4776 CY S.- $ L23., 586- 203 EMBANKMENT(CIP) 480 CY 10 .-. $ y S� 203 MUCK EXCAVATION 1000 CY $ L po0 203 POTHOLING 1 LS ( CK:o._ $ ppv 203 FLOWFILL 20 CY $ po- - 206 2'x2' ROCK DRAIN 200 LF �,"' $ 207 TOPSOIL (STRIPING & PLACING) 296 CY 10 '" $ 916 O 208 TREE RETENTION & PROTECTION 1 LS a 15 $ % 0 208 EROSION CONTROL 1 LS $ Opp _ 208 CONCRETE WASHOUT 1 EA C9j,'- $ 208 VEHICLE TRACKING PAD 1 EAp - 210 RELOCATE CHAIN LINK FENCE 120 LF - $ 1(,p 210 RESET LIGHT STANDARD (PRIVATE) 4 EA - $ OUO ` 210 MODIFY INLET 1 EA a.SO•- $ 210 ADJUST MANHOLE 1 EA b.- $ 6 212 DRILL SEEDING (POND) 1.13 ACRE $ Ito I q- 213 MULCHING (WEED FREE HAY) 1.13 ACRE o0 - $ i -- 213 HYDROSEED 0.3 ACRE $ 1 '00 - -' 304 AGGREGATE BASE COURSE (CLASS 5) 2547 TON 0 S0 $ 2 13 -5 306 RECONDITIONING 5147 SY 403 HOT MIX ASPHALT (PATCHING) 22 TON o)) . $ 1� 730 403 HOT MIX ASPHALT (GRADING S)(75)(PG 64-22) 1732 TON I $ 15 G I Z - 412 CONCRETE PAVEMENT DRIVE APPROACH DEPTH) 28 SY 111c.'- $ - Addendum 1 7654 West Side Access Road — North College Road Improvements Page 2 of 26 • 506 18" TYPE L RIPRAP " 6 Cy- 601 CONCRETE HEADWALL (MODIFIED) 1 EA.:� .603 81NCH PVC PIPE (CIP) 63 LF`''%O. $ f O -^ 603 12 INCH REINFORCED CONCRETE PIPE (CIP) 60 LF - $. G -` 603 241NCH REINFORCED CONCRETE PIPE(CIP) 24 LF 5- $ 603 12 INCH REINFORCED CONCRETE END SECTION (CIP) . 1 EA 0,^ $- 603 241NCH REINFORCED CONCRETE END SECTION(CIP) 2 EA Oo,^ $ .. I .O C7--� 604 48" MANHOLE SLAB BASE (5 FOOT) 1 1 EA 3. r160 -' $ 7 r6 o_ 607 FENCE CHAIN LINK (72 INCH) 1650 LF - $ 56-- 607 CHAIN LINK GATE (20' DOUBLE DRIVE, SWINGING) 3 EA Ooo -• $ _ -- 607 CHAIN LINK GATE (20' SINGLE PANEL, SWINGING) 2 EA CIS.— $ D 6-1 607 CHAIN LINK GATE (15' SLIDING) 1 EA $ 675 r 607 CHAIN LINK GATE (30' SLIDING) 2 EA Op. " $ 607 CHAIN LINK GATE (40' BI-PART, ROLLING) 1 EA c-- $ 607 CHAIN LINK GATE (45' SLIDING) 1 EA $ 609 CONCRETE 12" WIDE RIBBON 3765 LF $ 6 609 CURB AND GUTTER TYPE 2 (SECTION II-B) 41 LF 3 ,-• $ 1, t, G _ 613 PRIVATE LIGHT STANDARD 3 EA $ 620 SANITARY FACILITY 1 LS ) ppp- $ 626 MOBILIZATION 1 LS .3 pW,- $ 630 TRAFFIC CONTROL 1 LS o00 $ O TOTAL NORTH COLLEGE REAR ACCESS ROAD TOTAL BID COST $ rjl1cF 3 , -95 inAddendum 1 7654 West Side Access Road — North College Road Improvements Page 3 of 26 9. PRICES The foregoing prices shall include all labor, materials, transportation, shoring, removal, dewatering, overhead, profit, insurance, etc., to cover the complete Work in place of the several kinds called for. Bidder acknowledges that the OWNER has the right to delete items in the Bid or change quantities at his sole discretion without affecting the Agreement or prices of any item so long as the deletion or change does not exceed twenty-five percent (25%) of the total Agreement Price. (Sea] - if Bid is by corporation RESPECTFULLY SUBMITTED: ni�� Printed uate Title License Number (If Applicable) • �I"' I(ef Pn 4OL. Telephone Email 0 SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors • 0 CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00020 Notice Inviting Bids 00020-1 - 00020-2 00100 Instruction to Bidders 00100-1 - 00100-9 00300 Bid Form 00300-1 - 00300-3 00400 Supplements to Bid Forms 00400-1 00410 Bid Bond 00410-1 - 00410-2 00420 Statements of Bidders Qualifications 00420-1 - 00420-3 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 n U 0 n u SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned Mountain Con5tuctors. Inc. as Principal, and United Fire & Casualty Company as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $ Five Percent of Amount Bid (5%) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. THE CONDITION of this obligation is such that whereas the Principal has submitted to the City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into a Construction Agreement for the construction of Fort Collins Project, 7654 West Side Access Road - North College Road Improvements. NOW THEREFORE, (a) If said Bid shall be rejected, or (b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the • form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a BOND for his faithful performance of said Contract, and for payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension. Surety Companies executing bonds must be authorized to transact business in the State of Colorado and be accepted by the OWNER. IN WITNESS WHEREOF,. the Principal and the Surety have hereunto set their hands and seals this day of June 18 2014, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. PRINCIPAL Name: Mountain Constructors, Inc. Address: PO Box 405 Platteville, CO 80651 By:�ll! Title:�rfsS Ae.r-" • Ii11110M By: ( L) 40 SURETY United Fire & Casualty Company P. O. Box 73909 Cedar R ids IA 52407-3909 By aran C. brown Title: Attorney -in -Fact (SEAL) No Text 0 SECTION 00420 STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additionalinformationhe desires. 1. NameofBidder. Mnrar*"LTV- (,<)YVC4f-L&A0rS+ T_nc. 2. Permanent main office address: (ea_ /�la; 901,51 3. When organized: KlOVe.rr,LP rr � R ga 4. If a corporation, where incorporated: COlO ra j P> 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing the amount of each contract and the • appropriate anticipated dates of completion.) �ru.C� '0 General character of Work performed by your company: 8. Have you ever failed to complete any Work awarded to you? Ala If so, where and why? 9. Have you ever defaulted on a contract?. 40 If so, where and why?. 10. Are you debarred by any government agency? MC) O If yes list agency name. 11. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. 12. List your major equipment available for this contract. 13. Experience in construction Work similar in importance to this project: 14. Background and experience of the principal members of your organization, including officers: L • • r 15. Credit available: $ , 3 n (7 CD 16. Bank Reference: 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? )ps 18. Are you licensed as a General Contractor? 'P.S If yes, in what city, county and state?p What class, license and numbers? o' PD' wv� n � .Csw 19. Do you anticipate subcontracting Work under this Contract?fie C, If yes, what percent of total contract? And to whom? i'1'la dl-y% PAan', o_ Ncj 20. Are any lawsuits pending against you or your firm at this time? 1U O IF yes, DETAIL 21. What are the limits of your public liability? DETAIL x&j� What company? o,,,. 22. What are your company's bonding limitations? nDA,-,-, p� la 23. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the OWNER in verification of the recital comprising this Statement of Bidder's Qualifications. 40 Dated at this 19 day of i n o 20A Company: A/WACAIr-, �rnwrl.rtnr�rx By:�Printed::"�P T-yr\-LZ TitleeFe$i State of Color'c d,, County of We _( d _Tne i��+Z being duly sworn deposes and/ says that he `<% is tte r� �ur�L of k; r� Pnndr-u c (b -si S.ryc . (Name) (Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. 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W i U LL J ) o Ecoo c ❑O� ❑ m U 1 U U J U m • ol • • M W r w U } Z > ILMZ0 0 i U Q3a4 D � F N Z Z Q U Q' I UQ Z W W a Z Ul 0W �a 0 O U �} r r Op OD p O ep O 00 O �O t0 t+! r V' N N Ot1M0b Z W W= Nfm0 N ON O 1 i 6 O d Q m rrm W (pb Cb 7 O.Z U Q W W o o a a mm N Z tEQ JLU' U 9 m Z,L d J c0 o 2 .E i aa n o,.,w t ¢> a�n E o E U)N --o m=A ~o w�c° E d a w N Q—^ L=U U W W m W W F d 13 N (� -^ 'oD Ua N �f1 -J U N Q O ap O O C� O 'N m N M t0 O N O N M t0 -10 3.e'�p M M O N O M M m O r N MA ZNm N O M Mm.nrmO a, �M r wY L N E cc K E c M f0 'o E E E 'o oo. E m <° , uw a m E `w Y m U z U v c a d m .� c y O m m ❑ v C U t0 N N L'y IL U o w o 3 U E4% w c ED o v U)i c E 2 €o m O va m L. IL O N J N U >tl L N Ul K O N fn .`p M ota',E' .�� - m U 'c c — o a— 7 a a Nm... of v m o Q p ci O W 3 m o c spa U) a- o o H m O m U C O f UO U JE-21`bJ o t oo F- o U E O0 )$c z SECTION 00020 INVITATION TO BID • E w U w Z � y IL fl: Z O Os~s � 5 H N U U Q ' J U Q Z w a r¢- o w �w� 0 IL 2 O U m O N m r m O O m r M rn O N �O M W W q rn T rn O IT M N 4 N N M N N rn O Z m O N 1� m N t'h t0 Q M M rn m M rn rn rn m rn - M m M N a = Z M O io O O O M — O O O M O o M r rn o M n rn r rn r rn o M r rn r rn r rn n rn r m r rn N r r rn o M r rn c W c U w a W a m u w a w O Z � N a ow U c- y rn m m m J E y ' Y W LL ¢ t c E n0 m Y m > N !� d w La D .> 0m Y_ AdL U C Y L V l0 m Y dJ F 0¢ U rG U l6 LL W U ¢ >O > F 0 N a rn M N N M M M N N N M a rn V N M m m r m N N m M M m M m Z Z7 m tow CM O w O m O W N r m O f0 N rn t0 rn (O rn Y M O O In m n r IV M U M M m N rn N �O N m O rn m m m rn rn ¢ Q Z LL m v c N w m E d N d O > O ` o o U K Z0E vo c 'o of .o m W v .n o a m U y roi, 0 F U m m c Q w vY o� F- K n 0 0 O m p m d d c aci aci a o, 1 m a N m L o K > ¢ a N UI y c w 0 0Q.0) LL U c 0 a af Z 5 > 0 0 v 0 v z o 0n- c M N > > N OI D UU >U N E N Z fn 00 J N U i� > > Z N U Tr W C O N N > U L� C (00 y F (n U U Y w = a c > > v a v v a RM a n. W wc O E= CD > > O O J J J U J 16 C t o o mo c o o o o 'C N N F U) > 0 O O Z U U 0 U M • • • • N LU W F W J m U N ada OZ W M O W U Z O �- z Z U th V M 00 .--i O ' mrq N U a N v 11 VVV UJ f0 E Q a) Q Q Y O Ln O LL ^ ~ Q 00 m U U M F- M 6 O Ln p Q U LL F Q U � J U ko O LT LL O a) m p LM CCJJ O M O J Q^ co U Q� CD CD � U O N Q E CIDV U M C) O ~ Ln O� Q ( r C- N fQQ- U M^ Q v U .0 M L7 m 2 O LY1 O- N � L7 M O p p^ v n Q M@ �--� T i W N U OM N Ln 01 V� Ln a Q Q� Ln Go Go M �,,. M Q Ln N Y p E a U U c� ,c m � U C U l to N � i i Ln co Ln -V m N U L.() L Q £... -_ l0 L In L` M u t W O @ m t m-0 a) p0 ci E (D IOU E >> LL Q U cl N Cl a) ~ L C7 V) m y U E i d .J S LO U '� 0' Y a) L O LL L Ql O aJ Y (n .O 1"' 3 p U a) 'O L N O L Y ,� EO a�-i a) E C a_ Ln M-UE��aF-V)0- QC7 ZN-i N N 'c1'M.{ •-� M N M m O a ITEM #14 MOUNTAIN CONSTRUCTORS, INC. OFFICERS AND PRINCIPALS 622 MAIN STREET PLATTEVILLE, CO 80651 YEARS OF INDUSTRY NAME TITLE EXPERIENCE Sandy Arends Corporate Secretary / Accountant 15 Steve Bisig Superintendent 45 Pamela Duncan Vice President / Project Manager 27 David Gross General Superintendent 15 Joe Kuntz President / Owner/ Safety Officer 45 None of the above employees or company officers have ever been convicted of bid related crimes or violations in any jurisdiction. Nor are any of the above employees or company officers under notice of intent to disbar or has ever been debarred in any jurisdiction. • 0 �J SECTION 00430 SCHEDULE OF SUBCONTRACTORS List all subcontractors for the work items listed below and all subcontractors performing over 15% of the contract. ITEM • SUBCONTRACTOR mcw;�-ram n1�rr✓�{� SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed u • 0 • Ir 1 L SECTION 00510 NOTICE OF AWARD DATE: June 24, 2014 TO: Mountain Constructors Inc PROJECT: 7654 West Side Access Road - North College Road Improvements OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated June 18, 2014 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 7654 West Side Access Road - North College Road Improvements. The Price of your Agreement is Five Hundred Ninety -Six Thousand Thirty -Four Dollars and Seventy -Five Cents ($596 034.75), which is the corrected total of all lines on the bid schedule. 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 July 8, 2014. 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 c fully -signed counterpart of the Agreement with the I. ?, P1kI�:7 M OWNER will ret n to you one (1) hoc ments tt ed. s GerryS. Paul t Director of Purchasing & Risk Management SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 24th day of June in the year of 2014 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Mountain Constructors 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 7654 West Side Access Road - North College Road Improvements. ARTICLE 2. ENGINEER The Project has been designed by The City of Ft Collins Engineering Department, 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 sixty(60) 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 fifteen (15) 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 a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as Liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. 1) Substantial Completion: Two Thousand Dollars ($2,000) for each calendar day or fraction thereof that expires after the sixty (60) calendar day period for Substantial Completion of the Work until the Work is Substantially Complete. • • 2) Final Acceptance: After Substantial Completion, Five Hundred Dollars ($500) for each calendar day or fraction thereof that expires after the fifteen (15) 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: Five Hundred Ninetv-Six Thousand Thirtv-Four Dollars and Seventv-Five Cents Dollars ($596.034.75), 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 completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00520 Page 3 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. • 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in • accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of • the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 0 • ARTICLE 7. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents' in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: SHEET NO. DESCRIPTION OF SHEETS 1........................................... COVER SHEET 2........................................... GENERAL NOTES 3.4........................................... DEMOLITION PLANS 5•8........................................... PLAN SHEETS 7 S GRADING, DRAINAGE B EROSION CONTROL PLAN S .......................................... • POND GRADING 1 O ........................................... STORM PLAN S PROFILE 11 ........................................... CROSS SECTIONS 12........................................... DETAILS The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers 1 to 1, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the SECTION 00020 • INVITATION TO BID Date: May 27, 2014 Sealed Bids will be received by the City of Fort Collins (hereinafter referred to as OWNER), at the office of the Purchasing Division, 3:00 P.M., our clock, on June 18, 2014, for the West Side Access Road - North College Road Improvements; BID NO. 7654. If delivered, they are to be delivered to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado, 80524. If mailed, the mailing address is P. O. Box 580, Fort Collins, CO 80522-0580. At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. The Contract Documents provide for the construction of Bid 7654. The Work consists of the construction of a twenty-four foot wide paved access road/alley west of North College Avenue extending from Hickory Street north terminating at 1505 North College Avenue. The access road is intended to serve the existing properties and businesses that will be impacted by North College road construction and the construction of a landscaped median on North College Avenue in 2014/2015. Some storm drainage improvements and appurtenant structures are also associated with the project. All Bids must be in accordance with the Contract Documents on file with the City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. The City encourages all disadvantaged business enterprises to submit bid in response to all • invitations and will not be discriminated against on the grounds of race, color, national origin. A prebid conference and job walk with representatives of prospective Bidders will be held at 10:00 AM, on June 6, 2014, in the Training Room (Conference Room 2E) at 215 N Mason Street, Fort Collins. Prospective Bidders are invited to present their questions relative to this Bid proposal at this meeting. The Contract Documents and Construction Drawings may be examined online at: • City of Fort Collins BuySpeed: httl)s://www.fegov.com/eprocurement Bids will be received as set forth in the Bidding Documents. The Work is expected to be commenced within the time as required by Section 2.3 of General Conditions. Substantial Completion of the Work is required as specified in the Agreement. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the Contract. No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening Bids. C, J effect of this restriction may be limited by law), and unless specifically • stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. • U E • • OWNER: CITY OF FORT COLLIN By: GERRY S. P DIRECTOR OF PURCHASING AND RISK MANAGEMENT Date: 7/1 Attest: XZVL City Clerk Address for giving notices: P. O. Box 580 Fort Collins, CO 80522 AN ved as to rm Assi ant City Attorney CONTRACTOR: MOUNTAIN CONSTRUCTORSINC. By: Toe. i<ar,-i�z PRINTED Title: (CORPORATE SEAL) Attest: Address for giving no ices: License No.: SECTION 00530 NOTICE TO PROCEED Description of Work: 7654 West Side Access Road - North College Road Improvements To: Mountain Constructors 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. Y That the OWNER has approved the said Contract Documents.` Therefore, as the CONTRACTOR for the,above•de'scribed Work, you are hereby authorized and directed to proceed within (_);calendar days from receipt of this notice as required by the Agreement. t\ e Dated this day of 20_ The dates for Substantial Completion and Final Acceptance shall be 20_and _ 20_, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this day of 20_ CONTRACTOR: Mountain Constructors Inc. Title: 0 0 (.I. 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 U {• SECTION 00610 PERFORMANCE BOND Bond No. 54-199968 KNOW ALL MEN BY THESE PRESENTS: that Mountain Constructors Inc. 622 Main Street, Platteville, CO 80651 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and (Firm) United Fire & Casualty Company (Address) P.O. BOX 73909, CEDAR RAPIDS, IA 52407 - 3909 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 Five Hundred Ninety -Six Thousand Thirty -Four Dollars and Seventy -Five Cents Dollars ($596 034.7Q 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 24th day of June, 2014, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 7654 West Side Access Road - North College Road Improvements. 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. 0 • Bond No.54-199968 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 26th day of June , 20 14. IN PRESENCE OF: / ATTEST: Principal ( — Mouunnt`aaiin Constructors, Inc. (Title) (rtitle) Pres�t (Corporate Seal) IN PRESENCE OF: Not Applicable Not Applicable IN PRESENCE OF: • J. Rini, Witness (Surety Seal) 622 Main Street, Platteville, CO 80651 (Address) Other Partners Not Applicable By. Not Applicable Surety if rated & Casualty Company C. Brown, Attomey-In-Fact ' P. O. X 73909, CEDAR RAPIDS, IA 52407 - 3909 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. SECTION 00615 PAYMENT BOND Bond No. 54-199968 KNOW ALL MEN BY THESE PRESENTS: that Mountain Constructors Inc. 622 Main Street, Platteville, CO 80651 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) United Fire & Casualty Company (Address) P. O. BOX 73909, CEDAR RAPIDS, IA 52407 - 3909 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 of Five Hundred Ninety -Six Thousand ThirtV-Four Dollars and Seventy -Five Cents Dollars ($596.034.75) 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 24th day of June, 2014, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 7654 West Side Access Road - North College Road Improvements. 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. 40 • Bond No.54-199968 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 26th day of June 12014. IN PRESENCE OF: /ATTEST: Principal Mountain Constructors, Inc. �-1 (Title) (Titl) Pt e of (Corporate Seal) IN PRESENCE OF: Not Applicable Not Applicable IN PRESENCE OF: J. Rini Witness (Surety Seal) 622 Main Street, Platteville, CO 80651 (Address) Other Partners By. Not Applicable By. Not Applicable Surety United Fire & Casualty Company t C. Brown, AA -Fact P. O OX 73909, CEDAR RAPIDS, IA 52407 - 3909 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 0 "Article VI - Surety Bonds= Appointment of Attorney -in -Fact. "The President or time, appoint by written certificates attorneys-inifac bonds, undertakings and other obligatory instrument: ,rporate seal, may be affixed byfacsimile to any,.po the original seal of the Company, to be valid affixed. Such attorneys -in fact, subject to t )war to bind the Company byitheir signature ?ereto. I i ne rresicent or any, vice rresiaent, the all power and authority previously given to any! MESS WHEREOF, the UNITED FIRE&'CASUF president.and its corporate seal to be hereto of 'UNIT C By Vice President, or any other officer of act in behalf of the Company in the axe of of,attornewor,special,bower of g adopted by the Compe 1g upon the Company wit ons set forth in',their rest utiori of any such instr6n of Directors or any othgri 1-in-fact. I I ' i DMPANY hascaused the s 11th day,of July,, y of Linn, ss: ''— uly, 2013, before me personally came Dennis J. Richmann SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance. • 0 • The OWNER reserves the right to reject any and all Bids, and to waive any informalities and irregularities therein. Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the form specified in the Instructions to Bidders. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. City of Fort Collins Gerry S. Paul Director of Purchasing & Risk Management 0 • 0 MOUNCON-01 JOILMS , 1-I CERTIFICATE OF LIABILITY INSURANCE �� DAT7/8120/YYYV) nar2ola 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(les) 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 endomement(s). PRODUCER Willis of Colorado, Inc. c/o 26 Century BlvdIC. P.O. Box 305191 Nashville, TN 37230-5191 CONTACT NAME, cortificates@willis.com PHONE FA% 0 No Ext:(877 ) 945-7378 AIC No: 886 467-2376 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAICq INSURER A: Charter Oak Fire Insurance Company 25615 INSURED INSURER B:Travelers Property Casually Company of America 25674 Mountain Constructors, Inc. INSURERC:PInnacol Assurance Company 41190 622 Main Street PO Box 405 INSURER D: Travelers Casualty Insurance Co. of America 19046 INSURER E : Platteville, CO 80651 INSURER F : COVERAGES CERTIFICATE NUMBER: 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 Lm TYPE OF INSURANCE ADDL B POLICY NUMBER POLICY EFF MMIDDr POLICY E%P MMIODIYYYY LIMITS A X COMMERCIALGENERALLIABILITY (CLAIMS -MADE ❑X OCCUR X DT-CO-325D6251-COF-13 7/2812013 7128/2014 EACH OCCURRENCE S 1,000,00 U EMISES Eaoc'tD. S 300,00 MED EXP(Anyme person) $ 5,00 PER SONALSADVINJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JECOT LOC OTHER: GENERAL AGGREGATE S 2,000,00 PRODUCTS -COMPIOP AGO $ 2,000,OO S B AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIREDAUTOS X NON-O MED AUTOS X DT-810-391 8R004-TI L-1 3 - 7/28/2013 712812014 COMBINED SINGLE LIMIT En accident $ 1,000,00 BODILY INJURY (Par person) S BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per wcklent $ $ B X UMBRELLA LIAR EXCESS LIAR X OCCUR CLAIMS -MADE DTSM-CUP-391 BRO04-TIL-13 7128/2013 7128/2014 EACHOCCURRENCE $ 2,000,00 AGGREGATE $ 2,000,00 DEO I X I RETENTIONS 10,000 $ C WORMERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNEIVE%ECUTIVE YIN OFFICER,MEMBER EXCLUDED? IMandalory in NH) 0yCSdeacdlre DESCRIPTION OF OFF OPERATIONS below NIA 3027994 7/112014 7/1/2015 X PER OTHL STATUTE ER E.LEACHACCIDENT S 1,000,00 E.L. DISEASE - FA EMPLOYEE S 1,000,00 E.L. DISEASE -POLICY LIMIT $ 1,000,00 D LeasedlRented Equip. OT-660-5059R618-TIL-13 712812013 7128/2014 Dad: $1,000I1-imit 250,00 DESCRIPTION OF OPERATIONS I LOCATIONS !VEHICLES (ACORD 101. Additional Romar%s Schedule, may be attached It more apace Is required) Project: 7654 West Side Access Road North College Road Improvements City of Fort Collins and the State of Colorado (CDOT) are Included as Additional Insureds as respects to General Liability and Auto Liability. City of Fort Collins 300 Laporte Ave. 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 ©1988-2014 ACORD ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD CJ 0 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 7654 West Side Access Road - North College Road Improvements PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins. Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: Mountain Constructors Inc. CONTRACT DATE: June 24, 2014 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 By: OWNER REMARKS: AUTHORIZED REPRESENTATIVE SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE ram TO: Mountain Constructors Inc Gentlemen: You are hereby notified that on the day of 20_, the City of Fort Collins, Colorado, has accepted the Work completed by Mountain Constructors Inc. for the City of Fort Collins project, 7654 West Side Access Road - North College Road Improvements. 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 June 24, 2014. 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: 0 • SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins. Colorado (OWNER) FROM: Mountain Constructors Inc. (CONTRACTOR) PROJECT: 7654 West Side Access Road - North College Road Improvements 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. 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 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. 0 Signed this day of 20. . CONTRACTOR: MOUNTAIN CONSTRUCTORS INC. By: Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this by Witness my hand and official seal. Notary Public My Commission Expires: day of 20_, CI 0 • SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Mountain Constructors Inc. PROJECT: 7654 West Side Access Road - North College Road Improvements CONTRACT DATE: June 24, 2014 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) M ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE CONTRACTOR APPLICATION DR 0172 (12/98) FOR COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 EXEMPTION CERTIFICATE (303)232-2416 Pursuant to Statute Section 39-26.114(1)(a)(XIX) DO NOT WRITE IN THIS SPACE 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. isee reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registrabon/Account No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 - �� •'• Y.�J�' � ` k 2,y*k+W;?'' W CONTRACTORINFORMATION`� Trade name/DBA: Owner, parner, or corporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employer's Identification Number: Bid amount for your contract: $ Fax Number: Business telephone number: ( ) Colorado w4hholding W account number f "� �+-*.xe'��cfi r s >.: Copies of eontraettor agreement pages (1) identifying,the contracting parties t. , .�, EXEMPTION�INFORMATIONandl(2)containingstgnaturesofcontracting""'partiesmustneana�hed Name of exempt organization (as shown on contract): Exempt organization's number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: completion dare: i 'a+5t„"< %.`ySa�i �M i y'k � f.�R C •• NXV�Z�� 1��}c � [ ,n � .R N'44; 1 declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: DO NOT WRITE BELOW THIS LINE E C� 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. is SECTION 00700 GENERAL CONDITIONS • 0 E GENERAL OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-8 (1990 Edition), as a tease. Changes to that document we shoum by underlining tact that has been added and striking through text that has been deleted. • EJCDC GENERAL, CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) C� SECTION 00100 INSTRUCTIONS TO BIDDERS 11 9 • Article or Paragraph Number & Title DEFINITIONS TABLE OF CONTENTS OF GENERAL. CONDITIONS Page Article or Paragraph Number Num her k Title 1.1 Addenda.............................................1 1.2 Agreement..........................................1 1.3 Application for Payment,,,,,,,,,,,,_,,,,,,, I 1.4 Asbestos... 1.5 Bid ................................ .......... ..._.....1 1.6 Bidding Documents .............................1 1.7 Bidding Requirements.........................1 I.S. Bonds................................................:1 1.9 Change Order .. ............ _...... ... ......... 1 1.10 Contract Documents,,......__ ................ 1. 1.11 Contract Price .....................................) 1.12 Contmcl Tunes ..... ........................ _....1 1.13 CONTRACTOR ............. ........... :......... 1 1.14 defective.............................................1 1.15 Drawings............................................1 1.16 Hffectivc Date of the Agreement_„_.,., 1 1.17 ENOINEER.........................:..............1 1.18 ENGINEERS Consulmnt.......... I ........ .1 1.19 Field Order.........................................1 1.20 General Requirements .........................2 1.21 Hazardous Waste ............................. ....2 1.22.a Laws and Regulations; laws or Regulatiuns......................................2 1.22.b Legal Holidays ............. ........................ 2 1.23 Liens.................................................2 1.24 Milestone............................................2 1.25 Notice of Award ........ ................. .....„.2 1.26 Notice to Proceed..............................._2 1.27 OWNER.............................................2 1.28 Partial Utilization ............................._ 2 1.29 PCBs .............. 2 1.30 Petroleum...........................................2 1.31 Project .......................... ................. . 1.32.a Radioactive Material,,,,,,,,,,,,,,,,, 1.32.E Regular Working Hours ............ _......... 2 1.33- Resident Project Representative........... 1:34 Samples.............................................2 1.35 Shop Drawings .................................... 1.36 Specifications.....................................2 1:37 Subcontractor.....................................2 L38 Substantial Completion ..................... 2 1.39 Supplementary Condilioni................... 1.40 Supplier,., .................................... 2 1.41 Underground Facilities :............... ....... -3 1.42 Unit Price Work...................I......:...... 3 1.43 Wok..................................................3 1.44 Work Change Directive._..,_.................3 1.45 Written Amendment ...........................1 Page Number PRELIMINARY MATTERS...............................:3 2.1 Delivery of Bondy .............................3 2.2 Copies of Documents .......................3 2.3 Commencement of Contract Timm; Notice to Procced............:. 3 2.4 Starting the Work ............................ 2.5-2.7 Before Starling Construction; CONTRACTORS Responsibility to Report; Preliminary Schedules; Delivery of Certifucmas of Insurance. .................................. 3.4 2.8 Preconstrucluvt Conference,,,,,,,;,,,,, 4 2.9 Initially Acceptable Schedules ........... 4 CONTRACT DOCUMENTS: INTENT, AMENDING. RFUSF......................................... 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 3A Intent of Certain Terms or Adjectives.....................................5 3.5 Amending Contract Docunmts,........ 5 3.6 Supplementing Contract Documents ................................... 5 3.7 Reuse of Documents .........................5 4, AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS.........................................5 4.1 Availability of Lands.....................56 4.2 Subsurface and Physical Conditions....................................6 4.2.1 Reports and Drawings ......................¢ 1.2.2 Limited Reliance by CONTRAC- TOR Authorized; Technical Data........................................... _6 4.2.3 Notice of Differing Subsurface or Physical Conditions..................6 4.2:4 FNGINF.ER's Review ....................... 4.2.5 Possible Contract Documents Change........................................ 6 4.2.6 Possible Price and Times Adjustments .......................... ..... .0-7 4:3 Physical Conditions --Underground Facilities, ......................................7 4.3.1 Shown or Indicated ..........................7 4.3.2 Not Shown or Indicated,,,,,,,,,,,,,,,,,,, 7 4.4 Reference Points ......................... I.... 7 EICDC GENEM COMMONS 1910-8 (1990 EDITION) W CITY OF FORT COLLINS MODIFICATIONS (REV 9199) 1 �J 0 • Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum, &25 Submittal Praceeduru; CON - Hazardous Waste or TRACTOR's Review Prior Radioactive Material....................7.8 to Shop Drawing or Sample Submittal .................................... 16 5. BONDS AND INSURANCE ............................:.... 8 6.26 Shop Drawing & Sample'Submit- 5.1-5.2 Performance, Payment and Other tals Review by ENGINEER;,,,,; 16-17 Bonds 8 6.27 Responsibility for Variatios 5.3 Licensed Sureties and Insurers; From Contract Doctaoeniq,.......... 17 Certificates of Insurance....................8 6.28 Related Work Performed Prior 5.4 CONTRACTOR's Liability to ENGINEER's Review and Insurance..............................„. 9 Approval of Required 5.5 OWNER's Liability Insurance ............... Submittals ,,,,................ ........ _...... 17 5.6 Property Insurance .......... ............... 629 Continuing the Wad .....,,,,,, 17 5.7 Boiler and Machinery or Addi- 6.30 CONTRACTOR's General tional Property Insurance ................ 10 Warranty and Guarantee. .............. 7 5.8 Notice of Cancellation Prmision......... 10 6.31-6.33 Indemnification17-18 5.9 CONTRACTOR's Responsibility 6.34 Survival of Obligations,,,,;,,,,,,,,,,,,,, 38 for Deductible Amounts .................... 10 5.10 Other Special Insurance....., .......... 7. OTHER WORK.................,............................... 18 5.11 Waiver of Rights................................11 7.1-7.3 Related Work at Site,,,,,,,,,,,,,,,,,,,,,,, 18 5,12-5.13 Receipt and Application of 7.4 Coordination .............. ._......... .......IS Insurance Proceeds 10.1I 5.14 Acceptance of$ondsand lnse. S. OWNERS RESPONSIBILITIES ...... ..................18 ance; Option to Replace ....... ........ _ ,11 81 Communications to CON- 5.15 Partial Utilization --Property TRACTOR ................................. 18 Insurance ........................................ 11 8.2 Replacement of ENGINEER.,..........18 8.3 Furnish Data andPay Promptly 6. CONTRACTOR'S RESPONSIBILITIES,,,,,,,,,,,,,,, 11 When Due ........... ...... _.............. J8 6.1-6.2 Supervision and Superinumdencg,,,,,.. 11 8.4 Lands and Easements; Reports • 6.3.6.5 Labor, Materials and Equipment... 11-12 and Tests 18-19 6.6 Progress Schedule............ .....12 8.5 Insurance ............. ....19 6.7 Substitutes and'Or-Equal' Items; 8.6 Change Orders ............................... 19 CONTRACTOR's Expense; 8.7 Inspections. Tests and Substitute Construction Approvals...................................19 Methods or Procedures; 8.8 Stop or Suspend Work; ENGINEER's Evaluation.............12-13 Terminate CONTRACTOR's 6.8-6.II Concerning Subcontractors, Services....................................„19 Suppliers and Others; 8.9 Limitations an OWNER'S Waiver of Rights_,,,,,,,,,,,,,,,,,,,,,,, 13-14 Responsibilities _._................. _,,,_, 19 6.12 Patent Fees and Royalties,,,,,,,,,,,,,,,,,,, 14 8.10 Asbestos, PCBs, Petroleum, 6.13 Permits.............................................14 Hazardous Waste or 6.14 Caws and Regulations ........................ 14 Radioactive Material_ ......... ,....... _ 19 6.15 Taxes ........................................... 14-15 8.11 Evidence of Financed 6.16 Use of Premises ................................. 15 Arrangements............................. J9 6.17 Site Cleanlinesg................................ 15 6.18 Safe Structural Leading .................. ..15 9. ENGINEER'S STATUS DURING 6.19 Record Documents ............................15 CONSTRUCTION ..... ._......... .................... ....... 19 6.20 Safety and Protection .................... 15-16 9.1 OWNER's Representative .... 6.21 Safety Representative ......................... J6 9.2 __..... Visits to Sitc.................................. __.19 19 6,22 Hazard Communication Programs,,,,,, 16 93 Project Representative ...............J9-21 6.23 Emergencies ............. ....................... 16 9.4 Clarifications and Inlerpre- 6.24 Shop Drawings and Somples.............. 16 tations,............................ ........... 1 9.5 Authorized Variations in Vbrk 21 EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION) wJ OTT OF FORT COLLINB MODIFICATIONS (REV 9199) is Article or Paragraph Page Article or Paragraph Page • Number & Title Number Numbcr & Title Number 9.6 Rejecting Defective Work ..................2 1 13.8-13.9 Uncovering Work atENG!- 9.7-9.9 Shop Drawings, Change Orders NEERs Request„ ................... 27-28 and Payments ................................... 21 13,10 OWNER May Stop the Work.,,,,.,,, 28 9.10 Determinations for Unit Prices,,..,, 21.22 13.11 Correction or Removal of 9.11-9.12 Decisions on Disputes; ENGI- Defective Work ............. :.............28 NEER as Initial Interpreter..............z2 13.12 Correction Period,,,,,, ..................... S 9.13 Limitations on ENGINEER's 13.13 Acceptance of Defective Work........28 Authority and Responsihilitiq.,,, 22-23 13.14 OWNER May Correct Defective Work ..................................... 28-29 CFIANGES IN THE WORK ....................................... 23 10.1 OWNER's Ordered Change ,,,,,,,,,,,,,,,,$3 14. PAYMENTS TO CONTRACTOR AND 10.2 Claim for Adjusstment ........................23 COMPLETION ................................................. 29 10.3 Work Not Required by Contract 14.1 Schedule of Values ......................... Documents,,,,,,„ ............................. 23 14.2 Application for Progress 10.4 Change Order* ................................. 23 Payment ............................. _ ...... 29 10.5 Notification of Surety ......................... 23 14.3 CONTRACTOR's Warranty of Title.......................................... 29. CHANGE OF CONTRACT PRICE ............................. 23 14.4-14.7 Review of Applications for 11.1-11.3 Contract Price; Claim for Progress Payments,,,,,,,,,,,,,,,,, 29-30 Adjustment;Valueof 14.8-14.9 Substantial Completion .................. 30 the Work ........... :........................ 3-24 14.10 Partial Utilization, ..................... 30-31 11.4 Cost of the Work ..........................24-25 14,11 Final lnspectiort ...... ............... ........ 31 11.5 Exclusions to Cost of the Work.......... 25 14.12 Final Application for Paymenl... ..... 31 11.6 CONTRACTOR's Fee,,,,,,,,,,,,,,,,,,,,,,,, 25 NA3-14.14 Final Payment and Acceptance.,,,,,, 31 11.7 Cost Records.................................25-26 14.15 Waiver of Claims ....................... 31-32 11.8 Cash Allowances ;;26 11.9 Unit Price Work ... ............................. 26 15. SUSPENSION OF WORK AND TERMINATION ............................................... 32 CHANGE OF CONTRACT TIMES ............................26 15.1 OWNER May Suspend Work,,,,,,,,, 32 12.1 Claim fa Adjustment ........................ 26 15.2-15A OWNERMay Terminate....._._.._,._,32 12.2 Time of the Essence ..........................26 15.5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTOR's Work or Tcrminaue ................ 32-33 Control ...................................... 2&27 12.4 Inlays Beyond OWNER's and 16. DISPUTE RESOLUTION .................................. 33 CON-RACTOR's Control ................ 27 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFEC7711E WORK.:._.............................................27 13.1 Notice of Defects...............................27 13.2 Access to the Work ...........................27 13.3 Tests and Inspections; CONTRACTOR's Cooperation,,,,,,,,, 27 13.4 OWNER's Responsibilities; Independent Testing Laboratory,,,,., 27 13.5 CONTRACTOR's Responsibilities ...............................27 13.6-13.7 Covering Work Prior to Inspec- tion, Testing or Approval................27 17, MISCELLANEOUS ......................... ....... __,33 17.1 Giving Notice,,,,,,,,,,,,,,,,,,,,,,,,,, I..... 33 IT2 Computation of Times,,,,,,,,,,,,,,, 33 17.3 Notice of Claim ....................._..... _33. 17.4 Cumulative Remedies ,,,,,,,,33 17.5 Professional Fees and Court Costs Included ___,33 17.6 Applicable Stale Laws,,,,,,,,,,,,,,, 33-34 Intentionally left blank.......................................35 EXHD3IT GC -A: (Optional) Dispute Resolution Agreement .......... _,.,,,_,,.QC -Al 163-16.6 Arbitration ...................... ...... GC -Al 16.7 Mediation ............................... GC -AI EICDC OLNERAL CONDITIONS 1910.8 0990 EDITION) w/ CITY OF FORT COLLINS MOOIFTCATI ONS (REV 9l99) • Ll 11 0 INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of - Bonds and insurance........................................5.14 defective Work............................10.4.1. 13.5, 13.13 final payment, ... . ........... 9.12, 14.15 'insurance .......... ... ..... .... ..... ...... .. ... ...:...5.14 other Work by CONTRACTOR „ ....... ........... . 7.3 Substitutes and "Or -Equal" Items ,,,,,,,,,,,,, ........ 6.7.1. Work by OWNER ....... ....................... 2.5, 6.30,.6.34 Access to the -- Lands, OWNER and CONTRACTOR responsilidi lies ............................................. 4.1 site, related Work._ ..................................._.._. 7.2 Work ................ :..................... .... 13.2. 13.14,149 Acts or Omissions--, Acts and Omissions -- CONTRACTOR ................................. 6.9;1, 9,13.3 ENGINEER .......................................... ¢,?V. 9.133 :OWNER ...........:..................................... .. fi.20,8.9 Addenda --definition of (also see definition of Specifications)„-,,,,.(1.6, Additional Property Insuranceg ..................... ........... 5.7 Adjustments - Contract price or Contract Times ... ............ ,,,1.5, 3.5, 4.1, 4.3.2, 4.5.2, ............................. 4.5.3. 9.4. 9.5. 10.2-10A. ......................................... 11, 12, 14.8, 15A progress schedule ............:................................. 6-6 Agreement - definition of......................................................1.2 "All -Risk" Insurance, policy fain...........................5:6.2 Allowances, Cash ..... .............................................. 11.8 Amending Contract Document; ................................ 3.5 Amendment, Written-- - in gcnmal.... ...... -._.J.10, 1.45, 3.5, 5.10, 5.12; 6.6.2 ........................... 6.19, 1D.1. 10.4, 11.2 :....................... I.......... 12.1, 13.12.2, 14.7.2 Appeal: OWNER a CONTRACTOR intent to .......................... 10,"9.11. 10.4, 16.2, 16.5 Application for Payment-- definition of.....................................................:).3 ENGINFER's Responsibility..-„ .......................... 9.9 final payment,,,,,,,,,,,,,,„: 9.13.4, 9.13.5, 14.12-,14.15 in general ..........................2.8, 2.9, 5.6.4. 9.10. 15.5 progress payment........ I ....... :..................... 14.1-14.7 review of ..... ...._.......................................t4.444.7 Arbitration.....,,_„ - .._. ,163-16.6 Asbestos -- claims pursuant thereto ............ ._.,...... ,.. 4.5,2, 45.3 CONTRACTOR authorized to stop Work,, ........ 4.5.2 .definition of...... ................ I............... .1.4 Article or Paragraph Number OWNER responsibility ,for ,,,,,,,,,,,,,,,,,,,,,,,,,,,, 4.5.1, 8.10 possible price and times change,,.,,,. 1 ., t4.5,2 Authorized Variations in Worts ....... 3.6, 6.25, 6.27, 9.5 Availability of Lands..:,..;,_ .....,,,_ ...... -_, 43.8.4 Award, Notice of --defined ....................................... 1.25 Before Starting'Constructiort............. ................. 2:5-2.8. Bid -definition af, 1.5 (i.1, 1.10, 2.3, 3.3, ....4:2.6.4, 6,13, 11.4.3, 11.9.1) Bidding Documents -definition of....._...._.._.........................__...J.6(6.8:2) Bidding Requirements: -definition of ......................................... 1.7 (1.1, 4.2:6.2) Bonds - acceptance of.. ............ ..... ...5.14 additional bonds10.5, 11.4.5.9 Cost of the Work ............................................. 11.5.4 .definition of . ............................................... ..... J:8 delivery of...................................................2.1, 5.1 final Application for Payment,,,,,,,,,,,_„_, 14.12-14.14 general ,,,,,,,-„ ........................... 1.10, 5.1-5.3, 5,13, .... ... ....... I-...................... 9.13, 10.5,.14.7.6 Performance, Payment and Other .............. ... 5.1-5-2 Bonds and Insurance -in general.................................5 Builder's risk "all-risk" policy form.... ....... .........._.5.6.2 Cancellation Provisions, Insurance..,..... 5.4.11, 5.8, 5.15 Cash Allowanceg-..... ....... .... ..... ........ .................. ) 1.8 Certificate of Substantial Completiorl......, 1.39, 6:30-2.3, ..................................................14.8, 14.10 Certificates of Inspectiort ...................9.13A, 13.5, 14.12 Certificates of Insurance ............. 2.7. 5.3. 5.4.11. 5.4.13. ...... ._.... ....... J.6.5,.5.8, 5.14, 9.13.4, 14.12 Change in Contract Price -- Cash Allowances, ..... ................... .........11.8 claim for price adjustment,........... 4.1, 4.2.6, 4:5, 5.15, 6.8.2, 9.4 ....................9.5. 9.11. 10.2, 10.5. 11.2..13.9, ....................... 13.13. 13.14, 14. 7, 15.1, 15.5 CONTRACTOR'S fee.........................................11.6 Cost of the Work general.............................................._11.4-11.7 Exclusions to ...............................:.............: 1 1.5 Cost Records, ................. .................... .. J 1.7 . in general .......... _.J. 19, 1.44, 9.11. .............. 10.412, 10.4.3, 11 Lump Sum Pricing, .................................. ...... 11.3.2 Notification of Snrcty, ,10.5 Scopeof...-- .. ................... _ .................. 10.3-10.4 Testing and Inspection, Uncovering the Work .................................. 13.9 WCDC GENO AL CONDITIONS 19104 (1990 EDITION wt CITY OF. FORT COLLINS MODMCATTONS (REV 9199) Unit Prim Work..._.__.__ ......................... 11.9 CONTRACTOR'S Fee... ........................ :..11,6 Article or Paragraph Article or Paragraph Number Number Value of Work ................. ....................... ....... )1.3 CONTRACTOR's liability.......... 5.4. 6. 1 Z 6, 16, 6.31 Change in Contract Times- Cost of the Work, ................................... 11.4, 1 LS Claim for times adjustment,,,,,,,, 1.1,4.2.6, 45,535. Decisions on Disputes, ............................. 9.11,9.12 ........ 6.8.2, 9A, 9.5, 9M, 10.2. 10.5, 12.1, Dispute Resolution ............................................ 16.1 ...... 1..13.9.13.13.13.14,14.7.15.1, 155 Dispute Resolution Agreement ................... 16.1-16.6 Contractual time limits .................... ........... 12.2 ENGINEER as initial interpreloz .... .................. 9.11 Delays beyond CONITRACTORs Lump'SUM Pricing ................_......;.................I 1.3.2 control....:......_..................................I........ 123 Notice of............. _ ............ ....... I .............. _17.3 Delays beyond OWNER's and OWNER's .................... 9.4, 9.5, 9.11,10.,2, 11.2, 11.9 CONTRACTOR'scontrol .............................12.4 ........................12.1, 13.9, 13.13, 13.14, 17.3 Notification of surety ......................................... 10.5 OWNERs liability.............................................. 5.5 Scope of change ............................ ........... 10.3-10.4 OWNER mayrefurse to make payment ................ 14.7 Change Orders-- Professional Fees and Court Costs Acceptance of Defective Work,... ........ ---------- _13.13 Included.------__- � � I .... ................. ...... 115 Amending Contract Documents .......................... 3.5 request for formal decision op ....... .................... Q.l I Cash Allowances 11.8 Substitute Items,,,-,,, , , „ ...................... 2 Change of Contract Price ..................................... 11 Time Extension ........................... ....... P ............. 12.1 Change of Contract Times_, ............................. 1.12 Time requirements,,,,,,.............-,,,,,.......... 9.11,12.1 Changes in the Work.._..-,..__ -: ......................... 10 Unit Price Work_ ..... .. ...................... j 1.93 CONTRACTORs fee ........................................ 11.6 Value of ........................................................... J.1.3 Cost of the Work,,,,,,,,,-„.......................... �.11.4-11 .7 Waiver of. -on Final Payment,,,,,,,,,,,,,,,,, 14.14.14.15 Cost Records,_,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„-„ 11.7 Work Change Directive..... ...................... I ...... M2 definition of .......................................................1.9 written notice required ............. ....... 9.11. 11.2,12.1 emergencies .....................................................0.23 Clarifications and Interpretation* ............ 3.6.3,9.4,9.11 ENGINEERS responsibility .... _9.8. 10.4.11.2. 12.1 Clem Site ............................................................ 0..17 execution of 10.4 Codes of Technical Soeicty, Organization ..................................................... Indcannifiction .........................0.12, 6,16. 6.31-633 or Association .................................................. �3.3 1 , nsuramm Bonds and ... ............ 5.10, 5.13, 10.5 Commencement of Contract Times .... ............. : ....... 2.3 OWNER may. terminate .............................. 15.2-15.4 Communications— OWNERs Responsibilityp ....... ....................5.6. 10A general ........... P .............. ................... 0.2,6.9.2,8.1 Physical Conditions- Hazard Communication Programs ...................... 0.22 Subsurface and ............................................. 4.2 Cmplcfion- Underground Facilities-:,-,,,..... ..................1.3.2 Final Application for Paymerij .... ..................... 14.12 Record Documents ...... .. ............................... j5. 19 Final Inspection .-, ... ............. ......... 14,11 Scope of Change,,,,,,,,,,_........................... 10.3-10.4 Final Payment and Acceptance, ............... 14.13-14.14 Substitutm ................ .... ........... .... 6.7.3. 6.8.2 Partial Utilizatiou. ... ............................ ...... J4.10 Unit Price Work,.,.,_____,.._,,,,,,,,,,,,,,,,,,,,, I ......... 319 Substantial Completion .................... J.38. 14.8-14.9 value of Work, covereby ............................ .... 11.3 Waiver of Claims....,....................................... j 4.15 Changes in the Work............_..-_.._ ......................._. 10 Computation of Times.._._........................ 17.2.1-17.2.2 Notification of surety .. 16.5 Cmccming Subecraractors, Suppliers OWNERs and CO s and Others ...... .................... ........... P ......... responsibilities, ............................................ 10.4 Conferences -- Right to an adjustment...................................... 10.2 initially acceptable schedules .............................. 29 Scope of change ........................................ 10.3-10.4 preconstruction, .................................................. ;2.8 Claims-- Cmflict, Error. Ambiguity, Discrepancy - against CONTRACT OR .................................... 6.16 CONTRACTOR to Report....,,.,__._.. _ ....... 2.5,33.2 against ENGINEER ......................................... 6.32 Construction, before starting by against OWNER ...............................................632 32 CONTRACTOR............... 2.5-2.7 Change of Contract Nice ........................... 9.4,11.2 Construction Wchinery, Equipment, etc .................. 6A Change of Contract Times ...........................9.4. 12,1 Continuing the Work ..................................... 6,29,10A CONTRACTORs ............ A 7.1; 9.4. 9.5. 9.11. 10,2, Contract Documnents- ........................... 11.2, 11.9, 12.1. 13.9. 14.9, Amending ....................................................... J-5 .......... 15.1. 15.5,17.3 Bonds ......................... ............... __ ..... 5.1 EX'DC&NERALCOM3inONS1910-8(1990EDInON) wt CITY OF FORT COLONS MODMICAITONS (REV 9/99) 0 • Cash Alloivances-, .... ................................ IL8 Stop Work requirements................_,_„__,_.,,,,_ 4.51 CONTRACTOR's- 0 0 Article Or Paragrap h Number ,Change of Contract Pricx .................... ............ 11 ,Change of Contract ... .......... ... .............. _ 12 'Timcs� Changes in the Work ................................ 10,4-10.5 check and verify .... ........................................... 23 Clarifcationsand Interpretations ........................3.2, 9.4,9.11 definition of .....................................................1.10 ENGINEER is initial interpreter of ................... 9.11 ENGINEER as 0 1 WNER's representative,,,,,,,,,,,,,. . 9.1 geracraIll Insurance..... ...................................................... 5.3 Intent..................... .................................. 3.1-3.4 minor variations in the W44 .........................._..3.6 OWNEIrs responsibility to Furnish data.. . .......... 8.3 OWNEWs responsibility to make prompt payment .......................... 8.3, 14.4,14.13 precedence . .......................... .................... 3.1.3.3.3 Record Documents J. 19 Reference to Standards and Specifications of Technical Societic4 ................................... 3.3 Related Work 7'2 Reporting and Resolving Discrepancies, .. . ..... 15, 3.3 Reuseof .......... .............................................3.7 Supplementing ........................ ; ......................... 3.6 Termination of ENGINEER'S Employment... ... 8.2 Unit Price Work ...............................................11.9 variations .......................................... 3.6, 6.23, 6.27 Visits to Site, ENGINEER!s ..... I ....... ............. -... 9.2 Contract Prim - adjustment of ................. 3.5. 4.1, 9.4. 10.3, 11.2-11.3 ..........11 Changeof . ....... * ... * ' *'*'* ......... * .... **'*"' Decision on Disputes ........................................9.11 definition of ..................................................... 1,11 Contract Times - adjustment of ..........................3.5. 4.1, 9.4. 10.3, 12 Change of . .................. .............. ........ Commencementof definition of'. 1.12 CONTRACTOR - Acceptance of Insurance ....... .................... 5.14 Communicationit ............ j5.2, 6.9.2 Continue Work, ... ; .... .............................. 6.29,10.4 coordination and scheduling ............................ 0,9.2 definition of .....................................................1.13 Limited Reliance on Technical Data Authorized .......................................... 4.2.2 May Stop Work or Tam inati ............................ 15.5 provide site access to others,,,,,,,,,,,,,,,,,,,,,,, 7.2,13.2 Safety and Protection,,,,,,,,,,,,,,,,,,, 4.3.1.2, 6.16. 6.18, . .. . ..... ** ....... i ' " 6.21-6.23,7.2,13.2 ..................................... Shop Drawing and Sample Review Worto-Submittal........................................ 6.25 vii Article or paragraph Number Compensation,,,,, , , , ,,,,,,, , . .......... ..... ILIIL2 Continuing Obligation,,, .... , „ „ ..... ....... 114.15 Defective Work,,,,„ „ .... .. * :9.6, 13.10-13:14 Duty to correct defeclisle Work ..... ...... ...... j3.11 Duty to Report--. Changes in the Work caused by Emergency., ................. I ...... ........ : ..... -.6.23 Defects in Work of Others..............................7.3 Differing condition$ ................................... 4.2.3 Discrepancy in Documents .. ..... �2.5; 33.2, 6.14.2 Underground Facilities not indicated,,,:,,,,,, 4.3.2 Emergencies . ..................... ............................... 0.23 Equipment and Machinery Rental, , Cost of the Work., ....................................... ;. 11.4.5.3 Fee--Ciist plus,,,,,,,,,,,,,,,,,,,,,,,,, 114 5 6, 11 5. 1, 11.6 General Warranty and Guarantee,,,,,,,,,,,,,,,,,, 630 hazard Communication programs,,,,,,, ,,fi:22 Indemnification,, ,.,,_„ ...... ........ ..... 0. Iz 6,16. 6.31-'6.33 Inspection of the Work .......................... ... * 73, 13.4 Labor, Materials and Equipment ....................03.6.5 Laws- and Regulations, Compliance by,,,,,,,,,,,, 634.1 Liability Insurance.,.,,,,,, , , I ... ................ � 5.4 Notice of Intent to Appeal....... ..... ......... ;9.,10,10,4 obligation to perform and complete the Work .......................... ....................... fi.30 patent Fees and Royaltics, paid for by,,,,,,,,,,,,,,,,, 6.12 performance and Other Bonds -A'l permits, obtained and paid for by .... ..................... 1 0.13 Progress Schedule ...........................2.6, 2.8. 2.9. 6.6, .................................. 6.29. 10.4,.15.2,1 Request for formal decisionon disputes .............. 9.1 I Responiihilities-- Changes in the Work- ................................ 10.1 Concerning Subcontractors. Suppliers and Others,,,,,,,,,,,,,,,,,,,,,,,,,,,,,;,,,;,,, 6.8-6.11 Continuing the Work .... ..................... 0,29, 10A CONTRACTOR's expense ....................... 0.7.1 CbNTRACTORs General Warranty and Guarantee._...,....,_, ................ 6,30 CONTRACTORs review prior to Shop ,brewing or Sample submittal .............. ;.0:25 Coordination of Work ...................... .... 69.2 Emergencies, .............................................. 6.23 ENGINEERs evaluation, Substitutes ,or "Or -Equal" Items .......... ....... 6.7.3 For Acts and Omissions of Others 0.9.1-6.9.2,9 13 for deductible mounts,insuramce 5.q general ......................................... 6. 7.17.3.8.9 Haiardous Communication Programs__....... 6.22 IndemnificatioR .................................. 6,31433 Fjcw acttmu& coNwiioNs 1910-s (mo EOmom WI CITY OF FORT COLLM MODtFICAIIOM (REV9199) • Labor, Materials and Equipment ..............6.3-6.5 CONTRACTORS -other ............................. ........... .... 9 Laws and Regulations................_............__..6.14 Contractual Liability Insurance_, .... :.W,_,;,,___....... 5.4.10 Liability Insurance;...,_.„ .............................. 5.4 Contractual Time Limits,........................................12.2 Article or Paragraph Article or. Paragraph Number Number Notice of variation from Contract 'Coordination -- Documents .......................................... 6.27 CONTRACTOR' responsibility........................ 0.9.2 Patent Fees and Royalties..:...........................6.12 Copies of Documents......,........................................ 2.2 Permits.....................................................:6.13 Correction Period. .................................... ............. 13.12 Progress Schedule. Correction, Removal or Acceptance Record Documents ..:......... ............... ....................;. 6.19 of Defective Work-- Work - . related Work performed prior to in general ................................... 10.4.1. , 13.10-13.14 ENGIN£ER's approval of required Acixplance of0efective Work .......................... 13.13 submittals ............................................. 0.28 Correction or Removal of safe structural loading, ................................ 6.18 Defective Work ................................. 6.30, 13.11 Safety and Protection., .................. 0..20, 7.2, 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 ........ ............... §.24 Cm -- Shop Drawings and Samples Review of Tests and Inspection$ ................................ .... 13.4 byENGINE£R.......................... .......... _6.26 Records11.7 Site Cleanliness_................_:............... Cost of the Work - Submittal Procedures .................................. 6.25 Bonds and insurance, additional ................... 11.4.5.0 Substitute Construction Methods Cash Discounts ....:......................................... 11.4.2 and Procedures .................................... 6,7.2 CONTRACTOR' Fee ............... .................... ,-11.6 Substitutes and'Or-Equal" Items............... 6.7.1 Employee Expenses.....................................11.4.5.1 Superintendenc4........................................... 0.2 Exclusions lo..................................................... 11.5 Supervision.-...............................................01 General 11.4-11.5 Survival of Obligations ................................ 6.34 Hone office and overhead expenses .................... J L5 Taxes ................................ ........................ :.6.15 Losses and damages..................................., 11.4.5.6 • Tests and Inspections,...._,;,_ ....................... 13.5 Materials and egwpment_,._...._........ ...... ,11.4.2 To Report......................................................2 5 Minor expenses........................................... 11.4.5.8 Use ...................... 6ofPremises .166.18, 6.30.2.4 . Payroll costs on changes .................... ....-...11.4.1 _,.. .Review Prior to Shop Drawing or performed by Subcontractors ...........................1 t 4 3 Sample Submittal........................................6.25 Recordsl 1.7 Right to adjustment for changes in the Work ..... 10.2 Rentals of construction equipment right to claim ... :___ 4, 7.1, 9A, 9.5, 9.11, 10.2,11.2. and machinery, .................... - .............. 11:4.5.3 ...1- ... 31:9, 12.1. 13.9, 14.8, 15.1, 15.5; 17.3 Royalty payments, permits and Safety and Protection;;;,,,,,,,,;,,,,,, 6.20-6.22, 7.2, 13.2 license fees,........................... ........ 11.4.5.5 Safety Representative ........................ .... ........... :6.21 Site office and temporary facilities................ 11.4.5.2 Shop Drawings and Samples Submittal; ... 6.24.6.28 Special Consultants, CONTRACTOR',,,,,,,,,,, 31.4.4 Special Consultants ..... ........_........................ 11.4.4 Supplemental ................................................. JL4.5.. Substitute Construction Methods and Procedures6J Taxes related to the Work,,,,,,,,,,,,,,,,,_,,,_,_.,. 1.1.4.5,4 Substitutes and "Or -Equal" Items, Tests and Inspection.........................................J3.4 xpense..:....................................... 6.7.1, 6.7.2 Trade Discounts ...... .......................... ............. 11.4.2 Subcontractors, Suppliers and Others,,,,,,,,,, 6.8-6.11 Utrlilres, fuel and sanitary facilities ,,,,,,,,,,,,,,J 1.4.5.7 Supervision and Superintendencq ......... 6.1, 6.2, 6.21 Work after regular hours ................................ 11A.1 Taxes. Payment by ........................................... 6.15 Covering Work....... .. ....-...... ... ....... .................13.6-13.7 Use ofPrcmiscs._,_,--__._..._.._................6.166.18 Cumulative Remedies.............. _....................... 17.4-17.5 Warranties and guarantees ..........................4.5, 6.30 Cutting, fitting and patching ................................... 7.2 Warranty of Title .............................................. 14.3 Data, to be furnished by OWNER............................. -3 Written Notice Required-. Day -definition of,,,,,,,,,,,,,,,„............................... J7.22 CONTRACTOR stop Work or terminat4......15.5 Decisiorts on Disputes,...._ ............................. 9.11, 9.12 Reports of Differing Subsurface defective -definition oC..........................................1.14 and Physical Cpnditian i........................4.2.3 defective Work - Substantial Completion ..........................._ ... 14.8 Acceptance of ..................................... .10A.1. 13.13 vl;t LICDC &NMAL CONDITIONS 1910-3 (1990 EDITION) wi ciTv OF FORT COI.uNS moDffICATIONS (REV 9199) 0 Correction or Removal of 10A.1, 13.11 -CorrcetiomPeriod - . _ 13.12 in general,,,,,,,-,,,, ,-„13, 14.7. 14.11 Article or Paragraph Number Observation by ENGINEER ................................ 9.2 - OWNER May Stop Work ................................. 13.10 Prompt Notice of Defects. ....... _ ........................ 13.1 Rejecting............................................................6 Uncovering the Work ........................................ 13.8 Definitions .,,;, ,. , _.. I Delays ............................ I ......... 4A, 6,29, 12:3-12.4 Delivery of Bonds ............ ...:........................ .. ... ...... 1.2.1 Delivery of certificates of insurance .................. ......... ?.7 Determinations for Unit. Prices .................................. 9.10 Differing Subsurface or Physical Conditions -- Notice of ........................................................... 4.23 ENGINEER's Review .......:.:....................:....... 4.2.4 Possible Contact Dm ocuents Change,,,,,,,,,,,,,, 4.2.5 Possible Rice and Times Adjustments ,;,,,,,,,,,,, 4.2.6 Discrepancies -Reporting and Resolving ........ .... _.__..._._. 2.5,.3.3.2, 6,14.2 Dispute Resolution - Agreement ................. ............................... ) 6,1-16:6 Arbitration ................................................. 16.1-16.5 generall6 Mediation 16.6 ........................................................... Dispute Resolution Agreement..........................16.1-16.6 Disputes, Decisions by ENGINEER...................9.11-9.12 Documents•. Copicsof ....... ...._...... _.._..._............................ 2.2 Record 6.19 Reuse of. ................'.3.7 ........... Drawings -=definition of,,,,,_..........:.........................135 Easements.................................................... 4A Effective data of Agreement -- definition gf.............1,16 Emergencies ...... ............... _ 6.23 ENGINEER - as initial interpreter on disputes ,,,,,,,,,,,,,,,„9.11-9.12 definition of ......... .......... .................................. 1.17 Limitations on authority and responsibilitie,{,,,.. 9.13 Replacement of,...._ .................................. I ... ...... .2 Rdsident Project Representative..._-,....._„-,....,-„-,9.3 iNGINEER's Consultant -- definition of,,,L 18 ENGINEER's-- .. authority and responsibility, limitations on,,,,,,,-9; 13 Authorized Variations in the Work ..................... 9.5 Change Orders, responsibility for...... 9.7. 10, 11, 12 Clarifications and Interpretations .............. 3.6.3, 9.4 Decisions of Disputes .............................. 9.11-9.12 defective Wok, notice of ...................... ...... I ..... ,13A Evaluation of Substitute Items ........................_0.7.3 Liability...................................................6.32, 9.12 Notice Work is Acceptable..............................34.13 Observations ........................................... 0.30.2. 9.2 0 OWNER's Representative ................................... 9.1 Payments to the CONTRACTOR, Responabilityfor.....................................9.9, 14 Recommendation of Payment .......... ,...... 14A, 14.13 Article or Paragraph Number Responsibilities --Limitations on,,,,,,,,,,,,,,,,9,11-9.13 Review, of Reports on DifferingSutsurface and Physical Conditions„-,,,,,-,,,,.- ............. .2.4 .Shop Drawings and `Samples. review responsibility,;,,,., Status Duri rig CmsVuction•- authorized variationsin the Work..................9.5 Clarifications andInterpretations .................:9.4 Decisions on Disputes ....................... „9.11-9.12 Deteme itmtions on Unit Price, ..................... 9.10 ENGINEER as Initial Interpreter._.....,_ 9.11-9.12 F-NGINF.FR's Responsibilities ................9.1-9.12 Limitations on ENGINF_ER's Authority and Responsibilities.............................:9.13 OWNER's Representative;,, ,,;9A Project Representative .,.................... ...:........93 Rejecting Defective Work..............................9.6 Shop Drawings, ChangeOrders and Payments....................................0.7-9.9 Visits to Site ............................................. I...9.2 Unit Price ddttminations; 9.10 Visits to Site.......................................................9.2 Written consent requirca............................j.2. 9.1 Equipment, Labor, Materials.andand ........................ Equipment rental, Cost of the. Work ... ... ............ 11.4.53 Equivalent Materials and Equipment .............. -_.... ,,6.7 error or minims _.. ............................6.33 Evidence of Financial Arrangements ............ ....... JAI Explorations of physical condition$,,,,,,,,................ 4.2:1 Fee,; CONTRACTOR's-•Costs Plus ...........................11.6 Field Order - definition of ..................................................... 1.19 issued by ENGINEER, ...... _ ....................... 3.6.1, 9.5 Final Application for Payment ...............................14.12 Final Inspection,,,,,,,,,,,,,,,, ........................ .......... 14.11 Final Payment - and Acceptance_.,.,.-„_.........................14.13-14.14 Prior to, for cash allownces, 11.8 General Provisions ..... :...:..............:....:........... 17.3-17.4 General Requirements - definition of.....................................................1.20 principal references to.............2.6. 6.4. 6.6-6.7, 6.24 Giving Notice....................................................... ) 7.1 Guarantee of Work-6y CONTRACTOR....... .0.30, 14.12 Hazard Communication Programs .......................... 612 HazardousWage- definition of ..................................................... 1.21 general............ ....................... .........................4.5 OWNF R's responsibility for„ ............................. 8,10 EJCDC miNMAL CONDITIONS 1910.-3 (1990 EDITION) -1 CITY OF. FORT COLLINS MODIFICATIONS (REV 9M) Indemnification ..... .........._._.,-.,.-.: 6.12; 6.16, 6.31-6.33 Initially Acceptable Schcdulea . .. , ....19 Inspection -- Certificates of:...................:.....:...9.13.4, 13.5. 14.12 Final...........................................................14.11 Article or Paragraph Number Special: required byENGINEER .......... ...............Q.6 Tests and Approval.............................9.7. 13.3-13.4 Insurance - Acceptance of, by OWNER.,; .... ....................... 5,14 .Additional, required by changes in the Work .... ....................................... :11.4.5.9 Before starting the Work ............ ...._.............. ..... .7 Bonds and --in general ..... -............. ......................5 Cancellation Provisions...................................... .8 Certificates of ........ .__... _ 2.7, 5,.5.3, 5.4.11, 5.4.13, ........................5.6.5. 5.8, 5.14. 9.13.4, 14.12 completed operations ,,,,,,,,,,,,,,,,,,,,,,,,,,,„--,,,,..5.4.13 CON7RACTOR's Liability,,..,-,__ ........................ 5.4 CONTRACTOR's objection to coverage,,,,,,,,,,,,, 5.14 Contractual Liability.,_..................................5.4. 10 deductible amounts, CONTRACTOR's, responsibility ................................................5.9 Final Application fa Payment,,,,,,,,,,,,,,,,,,,,,,„ 14.12 Licensed Insurers ......... ....... ...:............ I ....... I ...... 5.3 Notice requirements, material change;,,,,,,, 5.8, 10.5 Option to Replace.............................................5.14 other special insurances ................................... 5.10 OWNER as fiduciary for insureds .............. 5.12-5.13 OWNER's Liability ...... ......._...... ..... _........ ... ... 5.5 OWNER's Responsibility. ............. ..._................. 8.5 Partial Utilization, Property Insurance., ............. 5.15 Property........ ............ .... .:......... .....:.... ........ 5.6-5.10. Receipt and Application of Insurance Proceeds.................................I ............. .12-5.13 Special Insurance.. ......... _....... ... ___ ...... ...... 5.10 Waiver of Rights .............................................. 5.11 Intent of Contract Documents ............ .................. 3.1-3.4 Interpretations and Clarifications ........ ........ 3.6.3, 9A Investigations of physical condi[knit......................... 4.2 Labor, Materials and Equipment... .......................63-6.5 Lands -- and Easements...................................................FA Availability of ........... :....... :..... ............... ..... 4.1, 8.4 Reports and Tests...............................................8.4 Laws and Regulations --Laws or Regulations -- Bonds....................... ......---- ____ ............... S.1-5.2 Changes in the Work ...... .......... ................ 16.4 Contract Documents .......................................... 3.1 CONTRACTOR's Responsibilities .................... 6.14 Correction Period, defective Work: ................... 13.12 Cost of the Work, taxes ............................... 11.4.5.4 definition of.....................................................1.22 gencra16.14 Indemnification _...._._..._ ..................... 6.31-6.33 insurancq,.........................._.._....,................... 5.3 Precedence _:, - ................3, 3.33 Reference to....................................................3.3.1 Safety and Protection......,,,-,_ .................. 6.20. 13.2 Subcontractors, Suppliers and Others,,,,,,,-„ 6.8-6.11 Article or Paragraph Number Tests and Inspections...................................13.5 Use of Premises ...... :....... :........ ........................... 0.16 Visits to Site ....................................................... 9.2 Liability Insurance-- CONTRACTOR's................................................ 5.4 OWNER's................. :........................................ 5.5 Licensed Sureties andInsurerg................................. 5.3 Liens - Application for Progress Payment, CONTRACTOR's Warranty. of Title ..... 14:3 Final Application for Payment ..........................14.12 definition of ....... ............................................. 1.23 Waiver of Claims...........................................14.15 Limitations on LZJCINEER's.authority and responsibilities.. ........................._.................... 9.13 Limited Reliance by CONTRACTOR Authorized.......................................................4.2.2 Maintenance and Operating Manuals -- Final Application for Payment ..........................14.12 Manuals (of others) -- Precedence .......................... _..... ................ 3.3.3.1 Reference to in Contract Dccumenbg.................3.3.1 Materials and equipment -- furnished by CONTRACTOR.... ................... ......0.3 not incorporated in Work...................................14.2 Materials or equipment --equivalent,,,... ................. 6.7 Mediation (Optional) ............. _...,........................ .. J 6.7 Milestones --definition of........................................).24 Miscellaneous -- Computation of Times ....... .......... ........... --- 17.2 Cumulative Remedies ........................................ 17.4 Giving Notice....................................................17.1 Notice of Claim .................. ...................... ......... 17.3, Professional Fees and Court Costs Included ......... 17.5 Multi -prime contracts.................................................7 Not Shown or Indicated ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„--4.3.2 Notice of -- Acceptability of Project ........ ........................ :. 14.13 Award definition of,,,,,,,,,,,,,,,,,,,,,,_................, 1.25 Claim............................................................).7.3 Defects,13.1 Differing Subsurface or Physical Conditions ...... ,4,2.3 Giving............................................................J.7.1 Tests and Inspections............ _..........................)3.3 Variation Shop Drawing and Semple.................0.27 -Notice to Proceed -- definition of ................. ......... ........................... 1.26 givingu............................................ ................2.3 EtCDC GGNt361L CohDI nom i910-3 (1990 EDITION) w/ CITY OF FORT COLUNS MODIFICATIONS (REV 9199) • Notification to Surety._.__..._....... .................... 10.5 Observations, by ENGINEER ...... ....... _........... 6.30, 9.2 Occupancy of the Work,,,,,,,,,,,,,,,,,,, 5.15. 6.30.2.4. 14.10 Omissions or acts by CONTRACTOR ............... 6.9, 9.13 Open Peril policy form, Insurance .......................... 5.6.2 Option to Replace....................................................5.14 Article or Paragraph Number 'Or Equal' Items......................................................6.7 Other work 7 Overtime Work --prohibition of_ ........................... 6.3 OWNER-- . Acceptance of defective Work...........................13.13 appoinvan ENGWEER...................................... 8.2 as fiduciary ..... ....................... ................. ..5.12-5.13 Availability of Lands, responsibility ................... 4.1 definition a(., ......... ......................................... 1.27 data,furnish......................................................8.3 May Correct Defective Work............................13.14 May refuse to make payment ............................ 14.7 May Stop the Work ........................................ ji.10 May Suspend Work, Terminate, 13.10, 15.1-15A Payment, make prompt,_....„.............F.3, 14A, 14.13 performance of other work .................................. 7.1 permits and licenses, requirements ....................OA3 purchased insurance requirements,,,,,,,,,,,,,, ............... OWNER - Acceptance of the Work..............................0.30.2.5 Change Orders, obligation to csecmF.......... B.G, 10.4 Communications ............................................... 8.1 Coordination of the Work... . ...................... ork.............................._.. 7.4 Disputes, request for decision........... ............. 9' 11 Inspections, tests and approvals,,,,,,,,,,,,,,,,, 8.7, 13.4 Liability Insurance ............................................: 5.5 Notice of Defects ..............................................)3.1 Representative --During Construction, ENGINEER's Status... ..... ........... ....... 9,1 Responsibilities -- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ................. 8.10 Change Orders, ............................................ 8.6 Changes in the Work ................................ _ 10.1 communications .......:..::......... ....:.....:........:,.,8.1 CONTRACTOIVs responsibilitie; 8.9 .evidence of financial srrengements..............$.11 inspections, Tests and approvals ..................... 83 insurn ncc...................................................... 8.5 lands and easements ................................ ..... 8.4 prompt payment by........................................8.3 replacement of ENGINEER ............................ ll.2 reports and tests ........................................... 8A stop or suspend Work,,,,,,,,,,,,,,,,, 8.8, 13.10, 15.1 terminate CONTRACTORS services., ..................... .............. 8.8, 15.2 separate representative at sity.............................9.3 0 testing, independent... ........... _.................. ..13.4 me or occupancy of the Work ..........................5. 15. 6.30.2.4, 14.10 written consent or approval required ......................................... 9.1, 6.3, 11.4 L'ICDC OGNEAAL CONDITIONS 1910 •S (1990 EDITION) W1 CITY OF FORT COLLINS MODIFICATIONS XV 9199) n U SECTION 00100 INSTRUCTIONS TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2.0 COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to Bid. No partial sets will be issued. The Bidding Documents may be examined at the locations identified in the Invitation to Bid. 2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither OWNER nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. The submitted Bid proposal shall include Sections 00300, 00410, 00420, and 00430 fully executed. • 2.4. OWNER and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3.0 QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the time of the Bid opening, a written statement of qualifications including financial data, a summary of previous experience, previous commitments and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. The Statement of Qualifications shall be prepared on the form provided in Section 00420. 3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in determining whether a bidder is responsible, the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract or provide the services required, (2) whether the bidder can perform the contract or provide the service promptly and within the time specified without delay or interference, (3) the character, integrity, reputation, judgment, experience and efficiency of the bidder, (4) the quality of the bidder's performance of previous contracts or services, (5) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or service, (6) the sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service, (7) the quality, availability and • adaptability of the materials and services to the particular use required, (8) the Article or Paragraph Article or Paragraph • Number Number written notice required., ..... ....... ___ .... 7.1. 9.4. 9.11. .................................... 11.2. 11.9. 14.7, 15.4 PCBs-- - definition of ..................................................... 129 general..............................................................4.5 OWNER's responsibility for...............................)I.10 Partial Utilization - definition of .......:................:...:...:....:.........:......: 1.28 general 6.30, 2.4. 14.10 Property insurance„. ; Patent Fees and Royalties ....................................... 6.12 Payment Bonds .............................. A .................... 5.1-5.2 Payments, Recommendation of ...... ,_..... 14.4-14.7. 14.13 Payments to CONTRACTOR and Completion - Application for ProgressPaymenu_................... 14.2 CONTRACT OR's Warranty of Title ,,,._„_ .... _,..... J 4.3 Final Application for Payment ........................14.12 Final Inspection ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,I......... ,,,, 14.11 Final Payment and Acceptance,,,,,,,,,,,,,,, 14.13-14.14 general.......... ............... ................................ 13-3, 14 Partial Utilization ......:.:.........:__ ..... I .... .......... 14,10 lietainage..........................................................14.2 Review of Applications for Progress Payments ..................4........... 14.4-14.7 prompt payment_...............................................5.3 Schedule of Values ........................................... 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 Bonds ................. ...... ........ ......... ...5.1-5.2 Permits ............................................................6. 13 Petroleum -- definition of.....................................................1.30 general............................................................. 4.5 OWNM's responsibility for ............................... 8.10 Physical Conditions -- Drawings of in or relating to ........................ 4.2.1.2 ENGiNEFR's review........................................4.2.4 existing structures ...................... ......._........... 1.2.2 Several4.2.1.2........... ........................ ....-................ Notice or Differing Subsurface or,,,,,,,,,,,,,,,,,,,,,, 4.2.3 Possible Contract Documents Change ............... 4.2.5 Possible price and Times Adjustments,,,,,,,,,,,,,, 4.2.6 Reports and Drawings .................................... 4.2.1 Subsurface and ................................................... 4.2 Subsurface Conditions...,.,_.._._....................4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ....................... 4.2.2 Underground Facilities-- general........................................................ 4.3 Net Shown or Indicded..............................4.3.2 Protection of ....................................... 4.3. 6.20 xii 'Shown or Indicated ............................................... 4.3.1 Technical Data ............................................... 4.2.2 Reconstruction ConferencF...................... ............... „2.8 Preliminary Matters ............ .......... ............................... 2 Preliminary Schedules............................................._2.6 Promises. Use of.............................................6.16.6. 18 Price, Change of Contract I I Price,.Contract--definition of„-,,,.: ...........................I.11 Progress Payment, Applications for ....... ........ ...........14.2 Progress Payment--rctaulage ,-„-,. .............._: 14.2 Progress schedule, CONTRACTOR's,........... 2.6, 18, 2.9, ................................. 6.6, 6.29. 10.4, 15.2.1 Project --definition of...............................................1.31 Project Representative-- ENGINEER's Status During Construction......_....9.3 Project Representative,.Resident-definition of,,,,-.,_1.33 prompt payment by OWNER ..................................... 8.3 Property Insurance - Additional ................................... ...................... 5:7 genera15.6-5:10 Partial Utilization ...... ;:...... _.,_...:5.15, 14.10.2 receipt and application of proceeds,,,,,,,,,,,, 5.12-5.13 Protection, Safety and..............................6.20-6.21. 13.2 Punch list..........................................................14.11 Radioactive Material-- defintion of ....................... ........ ....................... 1.32 general4.5 OWNER's responsibility for .............................. 5.10 Recommendation of Payment ................) 4.4, 14.5, 14.13 Record Documents.. . ............ --- ....... ...... ..... 6.19, 14.12 Records, procedures for maintaining ..........................7.8 Reference Points ...................................................... 4.4 Reference to Standards and Specifications .of Technical Societies ......................................... 3.3 Regulations, Laws and(or).,, ........ .......................... 6.14 Rejecting Defective Work ....... .................................... 9.6 Related Work -- atSite ........................... ............................. 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review.,,,,,,,,,,,,,,,,,,,, 0.28 Remedies, cumulative,,,,,,,,_..........._ .............. 17.4. 17.5 Removal or Correction ofDefecrive Work ................ 13.11 rental agreements, OWNER approval requirt4,,,4,11 A.5.3 replacement of ENGINEER by, OWNER ................... 3.2 .Reporting and Resolving Discrepancies ................................ 2.5, 3.3.2, 6.14.2 Repots -- and Drawings.................................................4.2.1 and Tests. OWNER's responsibility ..................... 8.4 Resident and Project Representative - definition of.....................................................1.33 provisionfor.............................................................9.3 EICDC GENIMADCONDITIONS 1910-9 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 91M • 0 • 0 Article or Paragraph Number Resident Superintendent, CONTRAC'_OWs............... 6.2 Responsibilities-- CONTRACTOR's-in general„ :,..6 ENGINEER's-in general ....................................... 9 Limitations on .............::......._.................. _.9.13 OWNERS -in general .................... ... .... ..... ............. Retainage..... ....................................................... 1.4.2- Reuse of Docma enter.......:...:...:.........:._..__.....:....:.:_3.7 Review by CONTRACTOR: Shop Drawings .and Samples Prior to Submittal ........................:6.25 ;Review of Applications, for Progress Pdyment5........ ............:.....:.......... 14.4-14.7 Right to an adjustment, .......... ............. .... 10.2 Rightsof Way ........................ ._...____.__............. 4.1 Royalties, Patent Fees and ........ :.............................. 6.12 Safe Structural Loading .......................................... 6.18 'Safety -- and Protection,,,„-„,,,,,,,,,,,,,,___.... 4.3.2. 6.16, 6.18, .._.:. _.........................._ 6.20.6.21, 7.2. 13.2 .general .......... ............................................ 6.20-6.23 Representative, CONTRACTOR's............... :....... .021 Samples — definition of.... .................................................. 1.34 general.....................................................0.24-6.28 'Review by CONTRACTOR,._ ........ .... ..... ..------- 6.25 Review by ENGINEER .............................. 6.26. 6,27 relatedWork.....................................................0.28 submittal of....................................................0.24.2 submittal procedure4 ........................... c............0.25 Schedule of progress ............................. 2.6, 2.8-2.9, 6.6, ......._....... I..... 1......_--..-.:.6.29. 10.4, 15.2.1 Schedule of Shop Dmwing and Sample Submittals .............................. 2.6, 2.8-2.9, 6.24-6.28 .Schedule of Values ...................____ — 2.6, 2.8-2.9, 14.1 Schedules -- Adherence to ...........::........ - ................15.2.1 Adjusting_ .......................... _.......... _............... 6.6 Change of Contract Timcy.................................10A Initially Acceptable ....................... _.... _...... 2.8; 2.9 Preliminary_ .......... ................... ........................ .6 Scope of Changes, .................................... _10.3-10.4 Subsurface Conditions ...................:. ................... Shop Drawings — and Samples, geneml:............................... ................................ Change Orders &,Applicationsfor Payments, and ......_.........____ ...... ........ 9.7-9.9 definition of..................... .... ............................. .35 ENGINEER'S approval of ....... ...................... .ENGINEER'S responsibility for review ..................................... 9.7, 6.24-6.28 related Work .................... ................................ 08 reviewprocedares ...............................2.8, 6.24-6.28 Article or Paragraph Number submittal required ............................................... 6.24.1 'Submittal Procedures ................. .:...................... .25 use to approve sulstitutions....................... .......6.7.3 Shown or Indicated, .... ......................................... A.3 I .Site Access ............. :.:.................................. ,-....7.2,13.2 Site CleanlinesS......._..:.............................. .:.......... 0,17 Site, Visits to — by ENGINEER...__ ......................._.._...... 9.2, 13.2 by others ..........._.: ... ...................: .....:........._ -...13.2 .... . .special causes of loss" policy form, insurance.........:......:.:............................:.......:.5.6.2 definition of, ............ ................................ 1 36 .Specifications.- ' definition of ........ ....................................... .....J.36 of `Technical Societies, reference to ........ .__ 3:3.1 precedence........................................................3.3.3 Standards and Specifications of Technical Societies ........................................ 3.3 Starting Construction, Before..............................2.5-2.8 Starting the Workk..................:...................._::......,...2.4 Stop or Suspend Work. - by CONTRACTOR :................. ...:..:................. 15.5 by OWNER .................... ................ e8:.8, 13.10, 15.1 Storage of materials and equipment,,,,,,,,,,,,,,,,,,,,, 4.1.7.2 Structural Loading, Safety ................................ ....... .18 Subcontractor — Concern i ng................................................ 6.8-6.11 definition of ..................................................... J.37 delays . ......... ....:.:..................................... . ..12.3 waiver of rights. _.........,..,6.11 Subcontractors --in general ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,6:8-6. 11 Subcontracts --required provision$.., ....... 3.11. 6.11. 11.4.3 'Submittals — Applications for Payment ................................. 14.2 Maintenance and Operation Manuals .............. 14.12 Procedures.......................................................0.25 Progress Schedules..................... .................:2.6, 2.9 Samples ...............:...................... .......... .6.24-6.28 Schedule of Values,;,,,,,,,,,,_ ,,,,, 2.6, 14.1 Schedule of Shop Drawings and Samples Submissions ............................. ........ 2.6, 2.8-2.9 Shop Drawing4........................................ 6.24-6.28 .Substantial Completion -- certification of............................6.30.2.3. 14.8-14.9 definition of.....................................................J.38 Substitute Construction Methods a Procedures.,..,.. 6.7.2 Substitutes and "Or Equal" ltams...................._.......,.6.7 CONTRACTOR's Eapensq .......................... 6.7.1.3 ENGINEER's Evaluation .. ..... 6.7.3 "Or -Equal ....................................................- 6.7.1.1 Substitute Construction Methods - L'JCDC GENM,kL CONDITIONS 1910-8 (1990 E01'IION) w/ CITY OF.FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number or Procedures ............................................. 6.7.2 Substitute Items 6.7.1.2 Subsurface and PhysicalConditions- Drawings of in or relatng to,,,,,,,,,,,,,,,,,, 1.2.1.2 ENGINEER's Review ................._............_ ..... 4.2.4 general...................................................A........4.2 Limited Reliance by CONTRACTOR Authorized .. Notice of Differing Subsurface m Physical Conditions .......................... :.............. 4.2.3 Physical Conditions.......................................4.2.L2 Possible Contract Documents Changes ....... ...... 4.2.5 Possible Price andTimes Adjustments. Reports and Drawings ..................................... 4.2.1 Subsurface and ....................... ............................ 4.2 Subsurface Conditions at the Site ..................... 4.2-1.1 Technical Data ................................................. 4.2.2 Supervision- CONTRACTOR's responsibility ...:.. ......... ....... ......0.1 OWNER shall not supervisq.................. .................... 8.9 ENGINEER shall not supervisq.............. _ 9.2, 9.13.2. Superintendence...................................................... 6.2 Superintendent, COA'TR4CTOR's resident-._,,,,,,,,,,_.6.2 Supplemental costs_ ............................................ 11.4.5 Supplementary Conditions-- definition of ..................................................... 1.39 principal references tq.................110, 1.18, 2.2, 2.7, ...... ... .....__,-_ 12, 4.3, 5.1, 5.3, 5.4, 5.6-5.9, ,,,,,,,_-...... , 11, 6.8, 6.13, 7.4, 8,11, 9.3. 9.10 Supplementing Contract Document4......................... 3.6 Supplier -- definition of.. ........................... ....................... 1.40 principal references tq_... ..... jJ, 6.5, 6,8-6.11, 6.20, ............._..........................6.24.9.13. 14.12 Waiver of Rights...............................................15.11 Surety -- consent to Final payment ................. ....�.14.12. 14A4 ENGINEER has no duty tq................................ 9.13 Notification of,_ ............................... 10-1. 10.5. 15.2 qualification of.............................................5.1-5.3 Survival of Obligations ........................................... 6.34 Suspend Work, OWNER May,,,,,,,,,,,,,,,,,,,,,,, 13.10, 15.1 Suspension, of Work and Termination- ......................15 CONTRACTOR May Stop Work or Terminate. ..................................... ...._... 15.5 OWNER May Suspend Work .......... ___ ............15.1 OWNER May Terminate ............................15.2-15.4 Taxes --Payment by CONTRACTOR ........................ 6.15 Technical Data -- Limited Reliance by CONTRACTOR ................ 4.2.2 Possible Riceand Times Adjustment4.............. 4.2.6 Reports of Differing Subsurface and Physical Conditions ....................... __..... ,_4.2.3 xiv Temporary construction facilities .............. ................ .1 Article or Paragraph Number Termination- by CONTRACTOR ........................................... 15.5 by OWNER .......................................: 8.8, 15.1.15.4 of ENGINEER's employment ...... ......................... $ 2 Suspension of Work-in general .............................15 Terms and Adjectives..............................................3-4 Tests and Inspections -- Access to the Work, by others .............. :............. 13.2 CONTRACTOR's responsibll ities ...................... 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 Stop Work... ....... ................ ..... 1330 OWNER's independent testing .......................... 13.4 special, required by ENGINEER ........................ 96 timely notice required ....................................... 13.4 Uncovering theWork,'at ENGINEER's request... .......... ..._.._.................13.8-13.9 Times - Adjusting, ........................ ; .................................6.6 Change of Contract .............................................. 12 Computation of ................. I ......................... .... . 17 2 Contract Tim cs--defmition of ......................... J.12 day..........................................................17.2.2 Milestones..........................................................12 Requirements - appeals........ .................................. ....... 9.10, 16 clarifications, claims and disputes;.................9,11, 11.2, 12 Commencement of Contraci Tiinep............... 2.3 Reconstruction Con(erenoe ... ........................2:8 schedules ......................................... 2.6, 2.9, 6.6 Starting the Work_ ................................__--- 2R Title. Warranty of ................................................... 14.3 Uncovering Work ............................................ 13.8-13.9 Underground Facilities, Physical Conditions - definition of .................................................... 1.4] Not Shown aIndicated................................... 4.3.2 protection of ............................. ........ ........ .3.6.2o Shown or Indicated ........................................ 4.3.1 Unit Rice Work - claims ...............................1.1.9.3 definition of ..................................................... 1.42 general] 1.9, 14.1. 14.5 Unit Prices-- gencrall1.3.1 Determination(or............................................ 9A0 Use of Rem ises..................... ........... 6,16, 6,18. 6.30 2.4 Utility owners,,,„,„.....................0:13, 6.20, 7.1-7.3, 13.2 Utilization, Partial...................1.28, 5.15, 6.30.2.4. 14.10 Value of the Work..................................................11.3 Values, Schedule of .............. __...........2.6. 2.8-2.9, 14.1 rua)c dmmAL cONDinONs t910-s o990 ELATION) w/ CITY OF FORT COLLIM MODWICATIONS XV 9/99) n u 0 • Variations in Work --Minor Authorized .................. :........ .......... 6.25, 6,27, 9.5 Article or Paragraph Number Visits to Site --by ENGINEERR....... ........... ............. .... 9.2 Waiver of Claims --on Final Payment,,,,,,,,,,,,,,,,,,,,, 14.15 Waiver of Rights by insured particg.................5.11, 6.11 Warranty and Guarantee, General --by CONTRACTOR................................................0.30 Warranty of Title, CONTRACTORS.......................14.3 Work -- Access to 13.2 byothers, . .... ........ ** ... .. . ...................... 7 Changes in the ............ ...................... I ... I .............. 10 Continuing the..................................................0.29 CONTRACTOR May Stop Work orTerminate ...... ..:......................................15.5 Coordination of 7.4 Cost ofthe .................................................)1.4-11.5 definition of ................................. ............ ........ 1.43 neglected by CONTRACTOR ...:........... ........ .... 13.14 otherWork...........................................................:7 OWNER May Stop Work ................................. 13.10 OWNER May Suspend Work ................... J3.10, 15.1 Related, Work at SitG.................................... 7.1-7.3 Starting the ........................................................ 2A Stopping by CONTRACTOR ............................. 15.5 Stopping by OWNER ................................. 15.145.4 Variation and deviation authorized minor ....... ....3.6 Work Change Direetivo-- claims pursuant to ..............__ 10.2 �.......................... • definition of ... ............. .................... 1.44 principal references tq.....................3.5.3. 10.1-10.2 Written Amendment -- definition of ......................................:............... 1.45 principal .........................6.6.2, 6.8.2, 6.19, 10.1, 10.4, ..._ .......................I LZ 111, 13.12.2, 14.7.2 Written Clarifications and nle rotations, _ rp :... ......................... 3.6.3, 9.4, 9.11 Written Notice Required — by CONTRACTOR.............................7.1. 9.10-9.11, ........................................... 10.4, 11.2. 12.1 by OWNER ....................9. 10-9.11, 10.4, 11.4 13.14 sv 0 UCDC OENOUL CONDITIONS 1910-8 0"0 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS MV 9/99) (This page left blank intentionally) fyj EICDC OENERAL CONDITIONS 1910-5 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) • 0 • GENERAL CONDITIONS ARTICLE 1—DEFINITIONS Wherever used in these General Conditions or in the other 'Contract Documents the following ..terms have the meanings indicted which are applicable to both the 'Singular and plural thereof: l.I. Addenda —Written or graphic irtst�ents issued ..prior to the opening of Bids which clarify, correct. or change ,the Bidding Requirements or the Contract Docomcnts 1.2. Agreement -The written contract between OWNER .and CONTRACTOR ooverirg�thc Work to be pafomred. other Contract Documents are attached to the Agreement .and made a part thereof as provided therein. 1:3. Application for Paymenr—Thc form acccliled by ENGINEER which is to be used by CONTRACTOR m requesting progress or. final payments and which is to he accompanied by .such supporting documentation as is required by the Contract Documents. 1.4., Asbestor--A ry material that contabu more than one .percent asbestos and is friablc'or is releasing asbestos fibers mto the air above rsurrem action levels established by the United States O=gational Safety and Health Administration. 1.5. Bid —The offer or proposal of the bidder submitted .ort the prescribed form settirgforth the prices for the Work to be performed. 1.6. Biddin$ Docwnants—The advertisement or invitation to Bud instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements —The advertisement a invitation to Bid viswctions to bidders, and the Bid form. 1.8. Bands —Performance and Payment bonds and other instruments of secanty 1.9. Change Order --A idocument recommended by ENGINEER, which is signed by CONTRACTOR and -OWNER and authorizes an addition deletion or revision in .the Work, or an adjustment in the Contract Price a. the Ti Contract me, issued on or after the Effective Date of the Agreement. 1.10. Conaact Docuvnants—The Agreement, Addenda (which pertain to the Contract Documents), CONT'RACI'OR's Bid (including documentation. accompanying the Bid and any post Bid documentation subnnitled,prior to,the Notice of Award) when attached as an ediiha b the Agreement, the Notice to Proceod the Bords,_ these General Conditions, the SupplementaryConditions, the Specifications and the Drawings as the E)CDCOENERAL COMMONS 1910-8 (1990 Ed1im) V CITY OF FORT COLiJNS MODIFICATIONS (REV 4r1000) some are more specifically identified in the Agreement together with all Written Amendmems, Chaoge,Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraplu3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the. Agreement Shop Drawing submittals approved pursuantto paragraphs. 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1 and 4.2.2 are not Contract Documents, 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in aecordsm6 with thie:Contract Documents as sorted in the Agreement (subject to the .provisions of paragraph. 11.91 in the case of Unit Price Work). 1.12. Comma Times —The numbers of days or the dates stated in the Agreement (i) to achieve Substantial Completion and (ii)to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of (nml payment in accordance with paragraph 14.13: 1.13. CON7RAC70R—The person, firm or corporation with whom OWNER has entered into the Agreement 1.14. defective —An adjective which when modifying the word Work refers to Work that is uns itisfaotory, faulty a deficient in that it does not conform to the Contract DocumumL% or does not meet the requirements of any inspection reference standard, rest or approval referred to in the Contract Documents, or has been damaged prim to ENGINEERS' recommendation of final paywent (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14,10). 1.15. Drawings —The drawings which show the scope, extent and character of the Work to be famished and perfmmcd by. CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the .Contract Documents Shop drawings a e not Drawings as so defined 1.16. Efjeclive Dare of the Agnemem—The date indicated in the Agreement on which t becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person firm or corporation named as such in the Agreement. 1.18. ENGMEER's Causvltant-A person firm or corporation having a c�intract with ENGINEER to furnish seryics as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes . in the Work in accordance with paragrapphh 9.5but which does not involve a change in the ContmctPrnce or the Contract Times. 120. General Requirements —Sections of Division 1 of 1954 (42,USC Section 2011 et seq.).as amended from • the Specifications. time to time. 1.21. Hazardous Wmle—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended, from time to time. 122s. Laws and Regulations; Ions or Regulations --Any .and all applicable laws, rules, regulations, ordinances, caries and orders of any and all governmental bodies, agencies, authorities and courts baving jurisdiction I221Leral llolidays-shall be those holidays obsew by the City of Fort Collins: 1.23. Liens —Liens, charges, security interests ur encumbranoes upon real property or personal property. 1.24. Milestone —A principal event specified in the Contract Documents refining to an intermediate completion date or time, prior to Substantial Completiin of all the Work. 1.25. NoticeofAwani—A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions ,precedent enumerated thcreir4 within the time specified. OWNER will sign and deliver the Agreement. 126- Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to h-NGMEER) fixing the date on which the Comma Times will commence to run and on which CONTRACTORshallstart to perform CONTRACTOR'S obligations under the Contract Documenm 1.27, OWNER —The public body or authority. corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 1i28. Partial Utili:atlon—Use by. OWNER of a substantially completed port of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all die Work- 1.29. PCBs—Polychlorinatedbiphenyls. 130. Petrolenan--Petroleum, including crude oil or any fiaction thereof which is liquid at standard conditions of tempcmture and pressure:(60 degrees Fahrenheit stud 14.7 pounds per square inchabsolute), such as oil, petroleum, Cuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mix with otherr rod -Hazardous Wastes and mode oils, 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a pan as indicated elsewhere in the Contract Documents 1.32.a• Radioactive Motenal—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of EICDC0DrE W.COMMT16M 19104 OM Edition) at C1TY OF FORT WLUM MODIFICATIOM (REV 420M 1 326 Reenter Warkinz Hours —Regular working hours arc defined as T00am to &00pm unless Otherwise specified in the General Requirements. 133. Resident Project Representative —The authorized representative of ENGINEER who may be assigned to the site or my part thereof 1.34. Sranples—Physical examples of materisk equipment, or workmanship that am representative of some portion of the Work and which establish the standards by which such potion of the Work will be judged 1.35. Shop Drawings -All drawings, diagrams, illustrations, schedules and other data or information which arc specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Spectficatiau—Those portions of.the Conhact Documents consisting of written technical demnptiom of materials, equipment, consructia systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor An individual, firm or corporation having a died contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site 1.38. Substantial Completion —The Work (or a specified part them has progressed to the point where, inthe opinion o? ENGINEER as evidenced by ENGINEER'S definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Docume m, so that the Work (or specified part) can be utilized foi 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 FNGINEER's written recommendation of final payment in accordance with paragraph 14.13. - The terms "substantially complete" and "substmiially completed" as applied to all or Can of the Work refer to Substantial Completiuu thereof. 1.39. Supplementafy Condidoiu—The part of the Contract Documents which amends or supplements these General Conditions. 1.40. Supplier --A manufacturer, fabricator, supplier, distributor, ramerialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Underground Fgciliries—All pipelines, conduits, ducts, cables, wires, manholes, vaults, tarot, tunnels or other such facilities or attachnents, and any eneasentenm comainmg such facilities which have been installed underground to furnish any of the following services or CJ LI • materials: electricity, gases, steam, liquid petroleum if a Notice to Proceed is given. on the day indicated in the products telephone or other communications, cable Notice to Proceed. A Notice to Proeced may be given at television, sewage and drainage removal, traffic or other any time within thirty days titter the Effective Date of the control systems or.water. Agreement—;- - •i" "W GeRtm., T'-" 1.42, I]Mt Price Work -Work to be paid for on the basis nFBid-opmiogictr-tho-ihirtietl %ey4kft the 6fl'mHve43ete of unit. prices. ofltterlgreemenkwhichever-deteisEertier: 1.43. WoA--The 'entire completed construction or the Starting the Work: variousseparately identifiable perlsthereof required to be fainished'under the Contract. Documents. Work includes 2.4. CONTRACTOR shall start to perferm the Work and"is `the result of performing or furnishing labor and on the date whin the Conirect Tana commence to run, -Cumishiug and nun tlng materials and equipment into but no Work shall be done. at the site prior to the date o the oorstnrctron, and performing or furnishing services and which the Conuact Times commence to run furushvhg documents, all as required by the Contract Documents. Before Starting Constmetion: 1.44. IYork Claunge Dimctf re -A written directive to 2.5. Before undertaking each pan' of the Work, CONTRACTOR, issued on or alter the Effective Date of CONTRACTOR shall carefully study and compare the the Agreement and signed by OWNER and recommended Contract Documents and cheek and verify pertinent by ENGINEER, ordering an addition, claction or revision figures shown thereon and all applicable field in the Work, or responding to differing or unforeseen" measurements, CONTRACTOR shall promptly report in physical conditions. under which the Work is to be' writing to ENGINEER any conflict, error, ambiguity or performed as provided in pamgmph4.2 a 4.3 or to discrepancy which CONTRACTOR may discover and anergencics under paragraph 6.23. A Work Change shall obtain a'writtm interpretation or clarification from Directive will notchange the Contract Price or tho Contract ENGINEER before proceeding with any Work affected Times, but is evidence that the parties expect, that the thereby; however; CONTRACTOR shallnot be liableto change directed or documented by a Work Change OWNER or ENGINEER for failure to rep ort'any conflict, Directive will be irrcorporated in a subsequently issued error, ambiguity or discrepancy in the Contract Change Order following negotiations by the panics m to its Dwuments unless. CONTRACTOR knew or reasonably effect, if any, on the Contmm Price or Contract Tines as should have known thereof. provided in paragraph 10.2. 2.6. Within ten days after the Effective Date of the 1.45. Written, Amendlnent-A written amendment of the Agreement (unless otherwise specified in the General Contract .Documents signed by OWNER and Requirements), 'CONTRACTOR shall submit to CONTRACTOR on.or after the Effective Date of the ENGINEER for review: Agreement and normally dealing with the nonengiraxring or nontechnical rather than strictly construction -related 2.6.1. a preliminary progress schedule indicating aspects of the Contract Documents, the times (numbers of days or dates) for starting and completing the various stages of the Work, including .any Milestones specified in the Contract Doc tmeiay. ARTICLE 2-PRELINMARY MATTERS 2.62 a preliminary schedule of Shop Drawing and Sample submittals which will ' list each required submittal and the times for submitting, reviewing and Delivery ofBonz processing such submival; 2.1. When CONTRACTOR delivers the executed 2.621 In no case will a schedule be Agreements to OWNER CONTRACTOR .shall also acceptable which allmvs less than 21 calendar delver to OWNER such Bonds as CONTRACTOR may days for each review by Eneineer. be required to furnish in accordance with paragraph 5.1. 2.6.3. A preliminary schncdule of values for all of CopiesofDo aments.• the Work which will include quantities and prices of items aggregating the Contract Price and will 2.2. OWNER shall furnish to CONTRACTOR up to ten subdivide the Work into component parts in sufficient copies .(unless otherwise specified in the Supplementary detail to serve as the basis for progress payments Conditions) of the Contract Documents as me reasonably during construction Such prices will include an necessary for the execution of the Work. Additional copies appropriate amount of overhead and profit applicable will be famished, upon request, at the cost of reproduction to each item, of Work. Commencement ofContrad Timm; Notice to Procee& 2.7. Before army Work at the site is started, CONTRACTOR and-9WNER shall eneh deliver to,hha 2.3. The Contract Times will commence to run on the othev OWNER with copies to ceah addilieml—i,v e thirtieth day after the Effective Date of the Agreement, or., ENGINEER, FJCDCOENE&AI. CONDITIONS 1910E (1990 Edtim) w/CITy OF FORT 601.11tS MODIFICATIONS IRhY 4(2000) E certificates of imrance (and other evidence of insitrance which of . mouested by 'OWNER) which CONTRACTOR is requved to purchase andmaintain in ;accordance with paragraphs 5.4; 5:6:ertd W. Preconstruction Conference., 2.8. Within twentyy days after the Contract Times start to nin, but before any Woak at the site is started, a conference attended by'CONTRACTOR. ENGINEER and others as eppropriste will be held to establish a working urderstardmg among the parties as to the Work and to discuss the schedules referred to in pomgmph 2.6, procedures for handling Shop Drawings and other submittals processing Apphcatrors fa Payment and maintaining required records. Inftlally Acceptable Schedules: 2.9, Unless otherwise pit with CONTRACTOR shall have an addmonal ten days to make corrections and adjustments and to complete and resubmit the schedules No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such aceclui ce will neither impose on ENGINMR responsibilityy for the seqIuencing, scheduling or progress of the Wod: nor inacrfcre with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACfOR's schedule oC Shop Drawing and Sample submissions willbe acceptable to ENCriNEF.R 0s providing a workable armngemenl fa reviewing and processing the requ'ved submittals CONTRACTOR'S schedule nil'values will be acceptable to ENGINEER as to form and substance. .ARTICLE 3--CONTRACT DOCUMENTS; MENf, AAiEYDING, REUSE Intent 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR contenting the Work. The Contract Documents me complementary; what is called for by one is as binding as if called for by all. The Contract Daoumeti will 'be cottsbuedin accordance with the law of the plainof the. Project. 3.2. It is the intent of the Contract Documents to E1CtKOE4ERAL CONDITIONS 19108 (1990 E6tim) wi QTY OF FOAT COLLI m MODIFICATIONS (REV armaa) describe a functionally complete Project (or part thaeol) to be constructed in accordance with the Contract Documents. Any Work, materials a equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produm the intended result will be famished and performed whether or not specifically called for. When words or phases which have a well-known technical or construction industry or trade meaning are used to describe Work; materials 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 ENGINEER as provided in paragraph 9.4. 3.3. Reference to Smndardr and Spechcadons of Technical Soderier Reporting and Reaching Discrepancies 3.3.1. Reference to smndarcls,. specifications, manuals or codes of any technical society, organization or associaiian, or to 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 Effective Date of the Agreement of there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 33.2. If during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity a discrepancy within the .Contract Documents or between the ContractDocuments and any provision of any such Law or Regulation applicable to the performme of the Work or of any such standard, specification, manual a code or of any instruction of anv Supplier referred to in paragraph 6.5. CONTRACTOR shall report it to ENGINEER inwriting at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragaph6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6: provided. However, that CONTRACTOR shall not be hable to OWNER or ENGINEER for failure to report any such conflict. error, ambiguity a discrepancy unless CONTRACTOR knew �or reasonably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by erne of the methods indicated in pamgtaph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving my conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or n U 0 3.3.3.2. the. provisions of arty such Laws or 3.5,3. 'a' Work Change Directive :(pursuant. to. Regulations apphmble to the performance of the paragraph 10,1). Work (unless such an interpretation of the . provisions of the Contract Documents would result. 3.6 In addition, the, requirements of: the Contract in violation of such Law or Regulatioa). Documents may be supplemented, and mina variations and deviations in the Work may, he atNiorired, m me Or more of the followngg ways: approvea- or terms Of Me enea or unpon are uscq or me adjectives "reasonable", "suitable', "acceptable", "proper' • or "satisfactory" or adjectives of like effect or impon are used to. describe a requiranent, direction, 'review a judgment of ENGINEER as to the Work, it is intended that such requiremem, direction, review or judgment will be solely. to evrluate, in .general. the completed Work for compliance m'ith the requirements of and information m the or authority to supervise or direct the ance of the Work or=any duty Or ke responsibility contrary to the Ih 9.13 or any other provision of the .4menrHng andSuipple ming Contract Documenlr 35. The. Contract Documents may be amended to provide fm additions, deletions and revistons in the Work or to modify the terns and conditions thereof in one or more or the following ways: 3.5.1. a formal WrittarAmendment. 3.5.2. a: Change Order.(puisuant to paragraph 10.4), or EJC1)C OENEM CONDITIONS 19108 (1990 Ulm) w/CITY OF FORT COL.UNS MODIFICATIONS (REV 42000) is 3.6.1... AField Orda (punmant to paragraph9S), 3 6 2 ENGMEER's approval of a Shop Draw ng or Sample (piusuarrt to; paragraphs 6.26 arK16.277), Or 3.6:3. ENGINEER's written .interpretation or clurificetion (purit a pamgaph 9.4). Reuse ofDocitarenrs 3.7; CONTRACTOR and any Subcontractor or Supplier or other, person or organization performing or furrashina ariv of .the Work under,a direct or indrect or Omer accumems; tm copies-- or any d by or bearing the =1 of ENGINEER or :orvultant, and 0) shall not reuse my of or wimen venncaumt or aoap®uon ny rstvvuvnnrc: ARTICLE 4-AVAILABILITY OF LANDS; SUBSURFACE ,ANO PHYSICAL CONDITIONS; REFERENCE POINTS AraifabiGry ofLanrhf: 5 ability of the bidder to provide future maintenance and service for the use of the • subject of the contract, and (9) any other circumstances which will affect the bidder's performance of the contract. 3.3. Each Bidder may be required to show that he has handled former Work so that no just claims are pending against such Work. No Bid will be accepted from a Bidder who is engaged on any other Work which would impair his ability to perform or finance this Work. 3.4 No Bidder shall be in default on the performance of any other contract with the City or in the payment of any taxes, licenses or other monies due to the City. 4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to the Supplementary Conditions for identification of: Subsurface and Physical Conditions SC-4.2. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without • exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5.0 INTERPRETATIONS AND ADDENDA. 5.1. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the Engineer and the OWNER. Interpretation or clarifications considered necessary in response to such questions will be issued only by Addenda. Questions received less than seven days prior to the date for opening of the Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2. All questions concerning the scope of this project should be directed to the Engineer. Questions regarding submittal of bids should be directed to the City of Fort Collins' Purchasing Division. 5.3. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or Engineer. 5.4. Addenda will be mailed or delivered to all parties recorded by the OWNER as having received the Bidding documents. • CONTRACTOR -shall provide for all additional lands and .access thereto that may be required for temporary construction facilities or storage of materials and -.equipmem. 4.7 Subsurface and Physical Condirroas 4.2.1. Reports andDrawings.- Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Submnrfacu Conditions: Those reports of explomtioas `aril tests of subsurface conditions at or coatiwls-to the Mte.that have been utilized :by ENGINEER in preparing the Contact Dmumenls; and 4.2.1.2. Physical Carr&doas Those drawings of physical conditions in or relating to existing surface or Subsurfam structuresat or contiguousto the site: (except Underground Facilities) that have been util by ENGINEER in Preparing the Contract Documents. 4.22. Limited Reliance by, CONTRACTOR I Authorized' Technical Data: CONTRACTOR may rely upon the general actuary of the '4cdurical data" conis,' din such reports and dmwmgs, but such rejions and drawings arc not Contract Daoimdnts. Such `technical data" is identified in the. Supplementary Conditions..Ekeept for such reliance on 4CTOR may not rely upon. SER, ENGINEER a any of respect to: 4.2.2.1. the completeness of such rcports,and drawings for 'CONTRACTOR's purposes, including, but not limited to any aspects of the means, methods, techniques, 'sequences and procedures of`censtruction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.23. any CONTRACTOR interpretation of a conclusion drawn frown any "technical.daa" or any such data, interpretatiom opinions or infonnativa 4:2.3. Notice..of _ Doering Subsurface or Physical Contrition: If—CONPRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered a revealed either: 4.2.3.1. is of such a nature as.to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in pamgaphs 4.2.1 and 4.2.2 is materially inaccurate. or 42.3.2.. is of such a nature as to require a change in the Contract Documents. or 4.2.3:1 differs materially from that shown or EJCD(7OENERAI,CONDITIONS 19108 (1990 Edtim) cod CITY OF FORT OOLUM MODIFICATIONS (REV412000) indicated in the Contract Documents; or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered 's sl generally recogizcd as inherent 'in 'work of the character provided for in the Contact Docuaerus; then RACTOR shall moramiv immediately after �T tted by pamgmph623),. notify OWNER and ENGINEER in wntrtg about such condition. CONTRACTOR shall not further disturb such. conditions or perform any Work inconnection therewith (except as aforesaid) until receipt of written order to do'so. 4.2.4., ENGINEER'S Review: ENGINEER will Promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional uq�lorstion or tests with respect thereto and advise OWNER in writing (with a mpy to CONTRACTOR) of ENGINEER'S findings and conclusions. 4.2.5. Possible Contract Documents Change: IT ENGTNEFR concludes that -a change in the' Contact Daum girds is required as a result of a 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 charge. 4.2.6. Possible Price and Times A,#uslments: An equitable adjustment in the Contract Price or in the Comma Times, or both, will be allowed to the extent that the existence of such uncovered of revealed condition causes'an increase or decrease in CONTRACTOR'S cost of or time required for performance oC the Work; subject, however, to the following; 4.2.6.1. such condition must meet any one or more of the, categories described in paragraphs 4.2.3,1 through 42.3A,.inctusive; 4.2 6 2., a change in the Contact Docume its pursuant to paragraph 4.2.5 will not be an automatic authorization of ter a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Rice will be subject to theprovisions of paagraphs 9.10 anti 11.9; and 4.2.6.4. CONTRACTOR shall not be emitted to any adjustment in the Contract Price or Times if; 4.2.6:4.1. CONTRACTOR knew of the existence of such conditions at Una lime CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the 11 • 0 0 • submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2 the existence .of such condition could reasonably have been discovered or revealed as a rcadt of any examination, investigation, exploration, test or studyof the site and contiguous areas required by theBidding to 4.2.6.4.3. CONTRACTOR failed to. give the written notice within the time and as acquired by paragraph 4.2.3. It OWNER and CONTRACTOR, arc unable to agree on cntidcment to or as to the amountorlength of my such equitable adjustment in the Contract Price or Contract Times, a claim may be, made therefor as provided in Articles l l and 12. However, OWNER ENGINEER and ENGINEER's Cormrltmas shall not be liable to CONTRACTOR for any claims, cost; losses or damages sustained by CONTRACTOR on or in cormection with any other project or anticipated project. 4.3. Physical Conduions—(Inderground Facilities: 4.3.1. Shorn or hrddcared: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or tiguou cons 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 expressly provided intheSupplementary :Conditions, 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy a completeness of any such information or date; and 4.3.12. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have.full responsibility for: (i) reviewing and checking all such information and dali. (ii) locating all Underground Facilities shown or inidmted in the Contract Documents,(iii) coordination of the Work with the' owners: of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in pamgraph6.20 and repairing arry damage thereto resulting from the Work. 4.3.2. Nor Shorn or Indicated: If.an Underground Facility is uncovered or revealed at or contiguous to the site which was not,shown or indicated in the Contract Documents, CONTRACTOR Shall, promptly iminediatly after becoming swain thceof.and bt ore further disturbing coirditiorus affected thereby or Performing any Work in connection therewith (except in an emergency as required by pamgmph6.23). identify the owner of such Underground Facility and EJCDCOENERAi. CONDITIONS 19104 (1990 Editim) w ayy OF FORT bowl s mo6thCAnoNS(REV 4r1000) give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility. and determine the eAent, if any, to wlach a change is required in the Ccnoact Documents to reflect and document the consequences of the existence of the Underground Facility.. If 24GINTEER concludes that a change in the Contract Documents is required; a Work Change Directive or a Change Order will be'issued as movided in Article 10 and Price not .shown or•mdicated in the Contras Documents and that CONTRACTORlid not know of and could not reasonably have been expected to be aware of or to have anticipated DOWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGTNE6R's Consultants shall not be liable to CONTRACTOR 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 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protectand preserve the established reference points and shall make no`ahauges-or relocations without the prior written approval of OWNER CONTRACTOR shall report to. ENGINEER whenever any reference point is lastor destroyed or requires relocation because of .necessary. changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified Personnel. 4.5. Asbestos; PCBs, Pebokum, Hazardous Waste or Radioadive Material: 4.5.1. OWNER shall be responsible for any Asbestos,. PCBs, petroleum. Hizanlous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawing or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a. substantial danger to persons or property erased thereto err connection with the. Work at the site. OWNER shall not be responsible for any such materials brought ;to the site by CONTRACTOR, Subcontractors, Su?xlicrs or anyone else far whom CONTRACTOR is responsible 7 ARTICLE 5--BONDS AND INSURANCE • Performance, Payment and OtherBondl:' 5.1, CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security far the faithful performance and payment of all CONPRACTOR's obligations; under the Contract Doaments. These Bonds shall remain in effect at least umil one year, after the date when fmal payment becomes due,except asprovided oth;wwise by Laws or Regulations or " by the Contract Documents. CONTRACTOR shall also famish such other Bonds as arc required by the Supplementary Conditions. All Bonds shalt be m the form prescribed by the Conduct Documents cxcert as provided otherwise by Laws or Regulations and shaLL be executed by such cadres as: are named in the current lid of "Companies. Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit SpQ Bureau of Government Financial Opemtiors, U.S. Treasury Department All Bond, signed bY- an agent mud be accompanied by a ccrut ed copy of such egem's authority to act. 5.2. If the surety on any Bond fumished by CONTRACTOR 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 requvements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER 53. licensed Sureties and Insures; Certifrcutas of . Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER orCONTRACTORshall be obtained from surety or insurance companies that are, duty licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Condition 53.2. CONTRACTOR shall deliver to OWNER with copies to each additional insured identified at the Supplementary Conditions; certificates of insurance (and other evidence of insurance requested by OWNER er my other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with oamoraoh 5.4. OWNER -stag cam neghgennee: CC TL...'... .:f....... ......1... A]n...I A] it EXI)COENS AL CONDITIOM 1910-8 0990 Edtim) wtuTy OF PORT CDLLINS MODIFICATIONS (REV 4R000) 0 • 0 CONTPM MR's Liability lam ante. 5.4. CONTRACTOR strati purchase and maintain such liability and other insurance as: is appropriate for the Word: being performed and furnished and as will provide protection from claims set forth below which may arise out of or- result front CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be preformed err funmished by CONTRACTOR any Subconhacto a Supplies, or by anyone directly a indirectly employed by any of then to perform or furnish any of the Nat:, a by anyone for whose acts my of then may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodil injury, occupational siidcness a disease, or death of CONTRACTOR's employees; 5.4.3. claims fa damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's cmployces, 54-0-ola ims-for-dameges-inmred-by-customwy rn. . 5.4.5. claims for damages, other than to the Work itself because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom: and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the cvnership, maintenance or use of any motor vehicle. The policies of Insumnce.so required by this paragraph 5.4 to be purchased and maintained shall: with retlucl to inamince require< iphs 5.4.3 through 5.4.6 inclusive and as additional insuieds (subject to eery exclusion in respect of proles ,), .OWNER. ENGINEER, ENGIN: coverage for of till such 5.4.8. include the specific caverages and be written Car not less than the limits of liability provided in die Supplementary Conditions',or rewired by Laws or Regulation; whichever isgreater, 5.4.9. icoludecompletedoperatiosinsmmmnce; EJCDC017.1EtAL CONDITIONS 1910.8 (1990 Edtim) w/QTy OF FORT COUR S MODIRCAPONS (REV 412a0a) 5.4.10. include contractual liability insurance covering CONTRACTOR's, indemnity :obligation under paragraphs 6.12: 6.16 and 6.31.through 6.33; 51.4.11. contain a provision or endosemem that the coverage afforded will not be cancelled, materially changed or renewal refused until at least: thirty days'. prior written notice has been. given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to wham e certificate of ins a has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 53.2 will so provide); 5.4.12. remain in effect at Ieast until foal payment and at all times thereafter when CONTRACTOWM;iy be correcting. removing a replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations Insuranice, and any insurance coverage written on a claims -made basis, remain to effect, for at, least two years after final payrncm (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions towhom a certificiite of insurance has been issued evidence satisfactory to OWNER .and any such additional insured of continuation of such insurance at fmmel payment and one year thereafter). OWAER's Liability lnsuranec 5.5. in addition to insurance required to be provided by CONTRACTOR under peragmph5,4,. OWNER, at OWNER's option,. may purchase and maintain at OWNl7t's expense OWNER's own liability irmurance as will protect OWNER against claims which may arise from operations under the.Commct Documents Property Insurance: :5:6.—Unless-dhmvise-prmided-in-Efmrgupplamentmry C-urnditdons�,,6�14�ER-slmall-puriliase-arid-taeirttein of-tFte-null-replaeaament-eost�kmeof-(smbjax-to-sdslt Suppkmemary-Gonrlitions-or-requiredmay-Laws:-end Regulatiogs).�'hvsrrusummtae sMIF: 56.4—include—the—irderesls7of—G;VNF,P, rn+,m�f T2RG Suksotra�ars; �tQBRQEB'PS editiea-identified-ins-ihe-SupplestieMefy-6urRliliina�. ceehof-whanisdermel-terhavaartursnveble-in[uest anddw114ma4istednson-irsuredoi additional-insir«cl; 56.3-bo-vnitten-an-e-Buildda-Risk=eu-risk'=a and weriz the folio PJ coverage-theft-vardulialt-erxl-tttelicious-mischlBF 56- Lrwlude-erzpeuses-incurred-vt-Ihe-repe.w- limited on fft, and ehaFges of wplecemattof-mly-insured'property{vteng- g-buHwt arehitec*, a-at-another-tomtion-that-wes'ageedio-in-writi -0y �rovidad-that-sx'h-maEerials anddequifinem-have been 5445.-.,e :a'-Un1iF{me:-pay�Jment is tm P. Ihu •••.- Acon-'mm2P-AB4iG2-fa-4M11l-ntiYY-amililBllBl ;""d: 5.7. O7.;.".R A H-purehnse-end-maimain-sueh-boiler r(noe .aa-may-be-requbed-by-rite-Supplemenlery-Ecwlditiore-a LIr_II. SEWS (`...0 Alw...._ _na eatesurCder-eclditimm�aslxed- 5.9. OWNER shill not'tte responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in 540-1gG�-requestvvr-writin6-1}ret-oUrer ..:,..i.In the c7suarve Change -order --W tien "�ndment—Frier-to EICDCOE1WAL CONDI110NS 1910 a (1990 Eelxn) 10 wl CITY OF FORT COLUM MODIRCATIONS(REV<Q000) C01nm2aCilnmlt-Of-f11B-l�Ori�9t-fhB'61FB,- 6haitin ae CQNTRAGTQR—Suboemmdom ol6cers.-dirictoe� ilnpky'cea-end-agents-of�ry-©f them: Fort ot-use-or--other-aor�equemiel-lase-ari+crdirlg beyond-direct-physiml-less-a-tklnf eg6--to JAWk .ed L erising'out<tFor-rssulting-fria»-Greax-V�r-peril; wliathar-tir.aat-ilLsurec�by-OL111�R-aad iv;ty loss; dam aemequentia .ill have -ne-rigW a 11 0 CJ rxrway�-against-arty-off NTRAGPOR� SubcwmaaoM Receipt andAppGoraim ofinsurance Prucredr, 5.12. Any insured loss under the policies of insurance required: by paragraphs 5.G and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds; as then interests may appear,. subject to the requirements of any applicable mortgage clause and of panigmph5.13. OWNER .shall deposit in a separate .accoum any moneyso received and shall distribute it in accordance'with such agreement as the parties in interest may reach if no other speeial agreement is reached the damaged Work shall be repaired or replaced the moneys so received applied on a&comt thereof and the Work and the cost thereofcovered by an appropriate Change Order m Written Amendment. 5.13. OWNER as fiduciary shall have, power to adjust and settle airy .loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occumence.of lass to OWNER's exercise of this power. If such objection be made OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no suchngreement among the parties in intcrest is-rcached OWNER as fiduciary shall adjust and settle the Ices with the insurers,•.,. - __ Acceptance of Bonds and Insurance' Option to Replace 5,14. If OWNER has any objection Lothe coverage aftclod by or otter provisions of the Bortds-or insurmce required to be purchased .and maintained by the CONTRACTOR in accordance with Article 5 on the - cis of non-conformance with the Contract Documents, the Partial UAligction-Property Insurance: 5.15. If OWNER frds.il necessary, to occupy or use a portion or portions of the Work prior to Substantial S CM(304EkAL CONDITIONS 191" (1990 Edaim) %YCI7Y OF FORT WLLIrS MODIFICATIONS (REV 4/2000) Completion of all the Work, such use or occupancy may, be scoomplished in accordance with paragraph 14.IQ beovided that no such use or occupancy shall commerce fore the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. 'rhe insurem providing the proprty insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled a permitted to lapse on account of any such partial use or occupancy. ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES SSipenwon aridSupennrendence: 6.1. COIrFRACI'OR shall :supervise .inspect and direct the Work competently and efficiently, devoting such attention thereto acid applying "such skills and expertise as may benecessary to.perform the Work in accordance with the. 'Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not reipbrisiblc for the negligence of others in the design or specification of a specific, means, method technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to sec that the completed Work complies ac`arately with the.Cmtmct Dommcnta 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintemlat4 who shall not be.. replaced within written notice to, OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authorityto act on behalf of CONTRACTOR All communications to the superintendent "I be as binding as if given to CONTRACTOR: Labor, Alaterialsand Equipment 63. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay our and construct the Work .as required by the Contract Documents CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons. or the Work or property at the site or adjacent gcereto, and except as otherwise indicated in the Contiact Documents, all Work at the site shall be perfornhed during regular working hours and CONTRACTOR will cot permit overtime work or the performance of Work on Saturday, Sunday or airy legal holiday without OWNER's written consent oven alter Prior written notice to ENGINEER. 6.4. Unless otherwise specified in the General Rerluiremener. CONTRACTOR shall furnish and assume full responsibility for all materials; equipment, labor, -transportation, construction equipment and machinery, tools! appliancpower. light, es, fuel, powht, heat, telephone, water, sanitary faaibtie; tamponary (acidities and all other facilities and incidentals necessary for the Tumishinp;, performance, testing start-up and completion of the Work. 641 Purchasing Restrictions' CONTRACTOR must candy with the City's ourchasinn restrictions. A copy of the resolutions are available for review in the offices of the purchasing and Risk MomRement Division or the Cilv.Cloks office. 6.4.2. .Cement Restricrons: City of Fort Collins Resolution 91-121 reuuires that suppliers and producers of cement or products containing cement to certify that the cement was mil madein cement kilns that by hazardous waste as a fuel. 6.5. All materials and equipment shall be of good rlityand new, except as otherwise provided in the Ctact Doanments. All warranties and guarantees specifically called for by the Snecificatiom shall expressly reports of required tests) as to the kind and materials and equipment. All materials and shall be applied, installed, connected, crected, ned and conditioned in accordance with of the applicable Supplier, except as otherwise ProgrecrSchedulc G.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 66.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in pamgmph1l?) proposed adjustments in the progress. schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requnren ents applicable thereto. 6,6.2. Proposed adjustments in the pogress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal" hems: 6.7.1. Whenever an item of material or equipment is specified or described in the Contact Documents ;b'y using the name of a proprietaeryry item a the name of a particular. Supplier, the specification or description is intended to establish the type, function and.quality required. Unless the specifiention or description EICDCODULAL CONDITIONS 19105 (1990 E(fitim) 12 wf CITY OF FORT COLUM MODIFICATIONS tREV4/100a) contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. 'Vr-Equal". If in ENGINEER's-sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar an, that no change in related Work will be required, it may be cosidered by ENGINEER as an "or al" Arm, in which case review andapproval of the proposed item may; in ENGINFFR's sole discretion, be ,accomplished without compliance with some or all of the requirements for acceptance of proposed substitute item& 6.7.1.2. Substitute lterar: If in FNGWEER's sale discretion an item of material a equippmment proposed by CONTRACTOR does not qua ify as Im "or<grra? item under. subparagraph 6.7.1.1, it will be considered a proposed substitute itern. CONTRACTOR shall submit sufTciem information as provided below to - allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute themfor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will no be accepted by ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall fast make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the resells called for by the general design, be similar in substance to that specified and be wiled to the same use as that specified. The application will state the extent, if any. to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or notacceptance of the substitute for use in the Work will require a change in any of the Contract Documents (on in the provisionii of any other direct contract with OWNER for work on .the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license -fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available mainumance, repair and replacement service will be indicated The application will also contain an itemized estimate of all cats or credits that will result directly or indirectly from acceptance of such substitute, including cats of redesign and cleans of other contractors affected • 0 Iry,lhe resulting change, all of which will be CONTRACTOR shall perform not less than 20 considered by E GINEER in evaluating the percent of the Weak with is own forces (that is pr sed substitute. ENGINEER may royuae without subcuntractim The 20 oaff- reouhement CO RACTOR to furnish additional dale about shall be. understood to refer to ihe�Work the value of the'proposed'srbestituie: - which totals not less than 20 vercent of the Contract Rice. 6.7.13. CONTRACTOR's Expense: All data to be provided by CONTRACTOR in support of any 6.8.2. I tlra-Svpplemergng�-6oaiiitioru Hiddine proposed "or -equal" or substitute item will be at Documents require the 'ideality of certain CONTRACTOR's expense . Subcommctors,' Suppliers or other persons or ragariimtiMs (including those who are to furnish the 6.7.2. Subaitule Construction Methods or ,principal items of materials or equipment) to be Procedures. If a ssppeeccific means, method, technique, submitted to OWNER in-adverroe-e�the-spmified sequence or pracahae of construction is shown or date prior to the ElfectiveDate of the Agrcemenffor indicated in and expressly required by the Contract acceptance by OWNER and ENGINE!" Documemr, CONTRACTOR may furnish or utilize a CG?;:F .6kG:F0'. has _ a' .c_r :_ substitute means, method, technique, sequence .or procedure of construction acceptable to ENGINEER. OWNER., or ENGINEER's acceptance (either in CONTRACTOR shall submit sufficient information to writing or by failing to make written objection thereto allow ENGINEER, in ENGINEER's sole discretion, to by the date indicated for acceptance or objection in determine that the substitute proposed is equivalent to the bidding documents or the Contract Documents) of that,.expressly called for by the Contract Documents. pray -,Hl , bcariaester,-Sri Iiai Or ether person-or The procedure .for review by ENGINEER will be - similar to thnt provided in subparagraph 6 7. 1:2 iffestigetion: 6.7.3, Engineer's Evaluation:. ENGINEER will be acceptable-sub-AirateTAhe-Gommc�vI Price .ill -be allowed a reasonable time within which to evaluate adjasted�y-.F each proposal or submittal made pursuant to mch-s bsitution-and-an-appropriete-Qmge-Order paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the wig be 'amed or Written Am-m-4ml... I .sole judge of acceptability. No 'or -equal" or be installed constitute a condition of the Contract reouuthe substitute.will ordered, or utilimd without use of the named subcontractors.. suppliers cr other 13NGINEER's price written acceptance which will be pen or organization pp the Wort;. umett prior evidenced by either.a Change Order or an approved written aowoval is obtaiihed from OWNER and Shop Drawing. OWNER may require ENGINEER. No acceptance by OWNER or CONTRACTOR to furnish at CONTRACTORS ENGINEER of any such Subcontractor, Supplier or expense a special performance guarantee or other other person or organization shall constitute a waiver surety. with respect to my'or-equal" or substitute. of any right,of OWNER or ENGINEER to reject • ENGINEER will record time required by rejective Work. ENGINEER and ENGINEE2's Consultants m evaluating substitutes proposed or submitted by 69. CONTRACTOR pursuant to paragraphs 6.7.12 and 6.7.2 and in making changes in the Contract 6.9.1. CONTRACTOR shall be fully responsible to Documents (or in the provisions of my other direct. OWNER', and ENGINEER for all ads and omissions contract .with OWNER for work on the Project) of the Subcontractors, Suppliers and other persons occasioned thereby. Whether or to ENGINEER and organizations performutg or furnishing any of the accepts a substitute item so proposed orsubmitted by - Work under a direct or indirect contract with .CONTRACTOR CONTRACTOR shall reimburse CONTRACTOR just as CONTRACTOR is OWNER for the charges. of ENGINEER and respahsible ,for CONTRACTOR's own acts and ENGINEEWs Corvmhants for evaluating each such ommsions. Nothing in the Contract Docmments shall Proposed substitute itera. create for the benefit of any .such Subcontractor. Supplier or other person or orgamyation any 6_8. Concerning Subcontmelam, Suppliers and contractual relationship between OWNER or Others: - - - ENGINEER and any. such Subcontractor. Supplier or other person or organization, nor shall it create any 6.8.7. CONTRACTOR shall net eon ploy any obligation on the pan of OWNER or ENGINEER to Subcontractor, Supplier or other person or organization pay or to we to the payment of any moneys due airy (including those acceptable to OWNER and such Subcontractor, Supplier or other person or ENGINEER as indicated in paragraph 6.8.2), whether organization except as may otherwise be required by initially. or as a substitute, against whom OWNER or Laws and Regulations. OWNER or ENGINEER may ENGINEER may have reasonable objection. furnish to any subcontractor, supplier or other person CONTRACTOR shall not be required to employ any or or i UM evidence of amounts Raid to Suhcomractor,S Her or other person or organization CONTRACTOR in accordance with to furnish orperorm airy of the Work-egaust whom CONTRACTOR'S "Awliwthors far Payment" CONTRACTOR has reasonable objection. FJCDC GV4EkA1. C0rUn0NS 19103 (IM E(Stim) 13 .ici ry OF FORT C9Lt.ItS MODIRCATIONS OLEV 4t2Daa) 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 contract with CONTRACTOR: CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and ogam2ritions performing. or furnishing. any of the Wort: to communicate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividitg the Work among Subcontractors or Suppliers or delineating the Work to be performed 6y any specific trade. 6.11. All Work performed for 'CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appproroppriate agreement between CONTRACTOR and the Subcomractor :or Supplier which specifically binds the Suborirmal r or Supplier to the applicable temai and conditions of the :Contract Documents for the benefit of Pafent Feesand RgwUier 6.12. CONTRACTOR shall pay all license fees and royalties and assrnne all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. IC a particular invention, desig4 process, product or device is spnz in -the Contract Documents for use in the performance orthe Work and if to the actual knowledge of 'OWNER or ENGINEER its use is subject to patent rights or copyrights calling Cor the payment or any license fee o royalty to otters; the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest e#em_ permitted by Laws and Regulwiorts, CONTRACTOR shallindemnify 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 arising out of or resulting from any iiGingement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the - incorporation in the Work or any invention, design, process, product or device not specified in the Contract. Documents SKI)COENFRAL CONDITIONS 19104 (1990Edtkn) 14 WaTY OF FORT COUJM MODIFICATIONS OLEy 4200a) Permits: 6.13. Unless otherwise pprrovided in the Supplementary Conditions, CONTRACTORshall obtain and pay fur s., construction permils arid licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which we applicable at the time of opening of Bids, or, if there are no Bids, an the Effective Date of the -Agreement. CONTRACTOR shall pay all charges of utility owners Co connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. LansandRegufatiam., 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to Mating and performance of the Work: Except where otherwise expressly required by applicable Laws and Regulations; neither OWNER riot ENGINEER shall be responsible for monitoring CONfRAcTows compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefran; however, it shall not be CONTRACTORs primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taxes 6.15. CONTRACTOR shall pay all sales, consumer. use and other similar taxes required to be paid by CONTRACTOR in accordance with :.the - Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.15.1. OWNER is exempt from Colorado State and local sales and use taxes on materials to be petmanmdv incMxmited into the project. Said ls.xcs shall trot be included in the Contract Price. CONTRACTOR must ugly for. .and receive, a Certificate of Eee m n Crap the Colorado Demament of Revenue for construction materials to be ohmmlly incorporated imp the project. This Certification 'of Lxemotan the that the CONTRACTOR shall neither nay nor include in his Bid Sales and Use. Taxes on drone building and construction materialsyi=mlly irwomorated into the oroiect. Address Colorado Department of Revenue Suite Capital Anna 11 • 0 • E 1375 Sherman Street Denver, Colorado, 80261 Sales and Use Taxes for the State of Colorado Reeional Transportation District (RTD) and certain Colorado . counties are collected by the State of Colorado and are included in the Certification of Exemption. All applicable Sales and •Use Taxes (urcludina Slme mllecled mxesL on any items other than constniction and building materials Physically incorporated into the tp_ro�M are to be:priridby'CANfRACI'OR and are to llxz mcluded in &aoraoriete bid items, 'Use of premises 6.16. CONTRACTOR .shall confine construction equipmem: the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by laws and Regulations, rights -of -way, permits and easments, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage m any such land or area, or to the owner or occupant thereof or of any adjacent land or cocas, resulting from the performance of the Work-. Should any claim be made by any such owmei or occupant because of the perfomumee of the Work; CONTRACTOR shall promptly 'settle with such .other party by negotiation or otherwise resolve the claim,by arbitration or other da'sputc resolution pxocccdirigorst law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER. ENGINEER ENGINEER's -Consultant andonyone directly or indirectly employed by ,any of them from and against all claims, costs, lows and damages arising —out of or resulting Gum any claim ot action, legal or equitable, brought by arty such owner or occupant against OWNER ENGINEER or any other party 'indemnified hereunder to the extent caused by or based upon CONIRACTOR's performance of the Work 6.17. During the progress of the Wors, CONTRACTOR shall,keep the premises Gee from accumulations of waste materials, rubbish and other debris resulting from the Work At the completion of the Work CONTRACTOR shall remove all waste materials; rubbish and debris from land about the premises as well as all tools, appliances. construction equipment and machinery and surplus materials. CONTRACTOR shall Itave.lhe site clean and ready for occupancy by OWNER. at Substantial Completion of the Work. CONTRACTOR stall restore to original condition all property not designated for alteration 6.18. CONTRACTOR shall not lead nor permit any parr of any.stmcture to be loaded in any manner that will enrsager Ile'strocttre, nor shall CONTRACTOR subject .any part oC the iVork cx adjacent property to'stres'ses'or pressaim, that will endanger it: Record Documents: FJCDC0e**4 L COFIDITl0M 19108 (1990 Edtim) %10TY OF FORT WLUtS MODIFTCATIONS(REV4r1(00) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Dmwrngs, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in grand order and annotated to show all changes made during: construction - These record documents together with all approved Samples end a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Word:, and prior torelease of final payment, these record documents, Samples aml Shop Dmwirgs will be delivered to ENGINEER for OWNER. Mfery and protection: 6.20. CONTRACTOR shad be responsible for initiating maintaining .and supervising .all safety precautions and programs in connection with the Wars. CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to Prevent damage, injury or loss to. 6.20.1..sll persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal,. relocation or replacement in the course of construction, CONTRACTOR shall comply .with all applicable Laws and Regulatio4 of any Public body having jurisdiction for safety of persons or property or to protect them Gan damage, injury or loss; and shall erect and maintain all riicessmy safeguard's ior such safety and protection. CONTRACTOR shall notify owners of adjaam property and of Underground Facilities and uti i owners: when prosecution of the Wort: may affect them, and shall me repnacemeni at men property. tut ®ma m wry or loss to any property referred to in paragrap 6. 0.2 or 6.20.3 caused, directly or indirectly. in whole or in put by CONTRACTOR any Subcontractor, Supplier or any other person or organization directly or indirectly employed by arryof them to perform or furnish any of the Work or anyone fa whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER'sConsultant or anyone employed by any of them 6r anyone for whose tuU any of them may be liable, and not attributable, directly or indirectly, in whole or in part. to the fault or negligence of CONTRACTOR or arty Subcontractor. Supplier or other person or organization directly or -indirectly employed by any of them). CONTRACTOR's duties and responsibilitics for the safety and protection of the Work shall continue until such time as all the World is completed and ENGINEER has issued a 15 • 6.0 BID SECURITY 6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in the amount stated in the Invitation to Bid. The required security must be in the form of a certified or bank cashier's check payable to OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be executed by a surety meeting the requirements of the General Conditions for surety bonds. 6.2. The Bid Security of the successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon Bid Security will be returned. If the successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days of the Notice of Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom OWNER believes to have reasonable chance receiving the award may be retained by OWNER until the earlier of the seventh day after the effective date of the Agreement or the thirty-first day after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 7.0 CONTRACT TIME. The number of days within which, or the date by which the Work is to be substantially complete and also completed and ready for Final Payment (the Contract Times) are set forth in the Agreement. • 8.0 LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement. 9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described on the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement". The procedure for submittal of any such application by CONTRACTOR and consideration by Engineer is set forth in the General Conditions which may be supplemented in the General Requirements. 10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal subcontractors he proposes to use in the Work. Refer to Section 00430 contained within these Documents. 10.2. If OWNER or Engineer after due investigation has reasonable objection to any proposed Subcontractor, either may, before the Notice of Award is given, request the apparent successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent successful Bidder declines to make any substitution, OWNER may award the contract to the next lowest responsive and notice to OWNER and CONTRACTOR in accordance with paragraph 1413 that the Wort: is scogxable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. SafdyRepresenbadve: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions, and programs Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of materialsafety data shwts or other hazard communication information required 'to he made available to or exchanged between or among employers at the site in accordance with laws or Regulations linergencier 623. In cmcrgencies affecting thcmfely m protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction a authoriz tionfrom OWRNER or ENCrINEF.R, 's obligated m act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contmet Documents is required because rofthe action taken by CONTRACTOR in response to such an emergency. a"Work Change Directive or Change Order will be issued to document the consequencesofsuchaaion 6.24. Shop DrawingsanilSamples: 6.24.1.-CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 29). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The dma shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to .enable ENGINEER to review the information for the limited purposes .required by paragmph626. 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 manbersand the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited EIC(1COENFRAL CONDIMM 1910-9(1990Edtim) 16 wf CITY OFFORT COLLINSMODIFICAMOM(REV42000) purposes required by pamgmph6.26: The numbers of each Sample to be submitted will be as specified in the Specifications. 625. Submittal Procedures: 6.25J. Before submitting each Shop Drawing or Sample. CONTRACTOR shall have determined and verified: 6.25.1.1. 'all field measurements, quantities, dimensions, specified performance criteria, installation requirements; materials, camlos numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended usc, fabrication, shippppning, handling, storage, assembly aunt installation pertaining to the performance of the Work, and 6.25.1.1 all information relative to C,ONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25,2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has smisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review' and approval of that submittal, 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variation, if any, that the Shop Dmwug or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation 626. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted ,by ENGINEER as required by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation of incorporation in the Work, conform to the information given in the Cormreet Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER'S review and approval will not oxtend to means, methods, techniques, sequences or procedures of castruetion (except where a particular means, method, technique, sequence or procedure of u 0 • construction is specifically and expressly called for by the Contract Documents). of to safety precautions or programs incident thereto. The review and approval of a seppaararate item as such will not "indicate approval of the assent Vat which the item functions. 'CONTRACTOR shall make carremons required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. "CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals 6.27. ENGINEER'S review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements 'of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's eamtion to tack 'such variation at the time ofsubmissionas required by paragraph 6.25.3 .and ENGINEER has given written approval of each such variation by a specific written. notation thereof imorpomted-in or accompanying the Shop Drawuig 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 Shop [hawing or Sample is required by the Contract Doaumentsbr the schedule of Shop Drawing" and Sample submissions accgrted by ENGINEER as required .by pomgmph2.9, any related Work performed prior to ENGINEER'S review and approval of the pertinent sal:atnl will be at the sole expense and responsibility of CONTRACTOR Continuing fhe 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 disputesor disagreements, except as Omitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing. 630. CONTRACTOR's, General lfcm=ty and Gaaranrec 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and LNGINEER's Consultants .that all Work will be in accordance with the Contract Documents 'and will not be defective. CONTRACTOR'S warranty and guarantee hereunder excludes defects ordamage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR Subcoraractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2: CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in EJCDC QM4EkAI. C0tM1nON51910-8 (1990 Ed IiM) w/ CITY OF FORT C01ddhS MODIFICATIONS (REV 42000) accordance with the Contract Documents cr;a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents; 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of "Substantial Completion dr any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6,30.2.5. anyacceptance by OWNER or any failure to do so: 6.30.2.6. any review and approval of a Shop Drawing or Sample subinittal or the issuance of a mice of acceptability by ENGINEER pursuant to paragraph 14.13: 6.30.2.7, arty insp etion, test or approval by .others; or 6.30.2.8. arry correction of defective Work by OWNER Indemnifrorrim: 631. To the fullest extent permitted by Laws.and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER. ENGINEER ENGINNEER's Consultants and the officers. directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but .not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court orarbitration or other dispute resolution costs) mused by. arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss a damage: (i)is attributable to'bodily injury, sickness, disease a death, or to injury to or destruction of tangible property (other than the Work itself). including the loss oC use resulting therefrom, and (ii) is caused in whole or in part by.any negligent actor omcssion of CONTRACTOR; any Subcontractor.. my Supplier,. any person or orgmnizatiort directly or indirectly employed by any of them to perform or furnish any �of the Work aanyone for whose acts any of them may he liable, regardless of whether or not mused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Lam and Regulations regardless of the negligence of any such person or entity. 6.32. In arty and all claims against OWNER or ENGINEER or any of their respective consultants, agents. officers, directors or employees by any employee (or the survivor or personal reprevntativc of such crnpleyce) of CONTRACTOR: my Subcontractor, any .Supplier, any person a organimtion directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable. the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limnauon on the amount or .type of damages, canpnaation'or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier,or other person ororganialion under workers' compensation acts, disability benefit ads 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 ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of then. Sunivvl ofObligademrz 634, All representations, indemnifications, warranties and guarainiees made in required by or given in accordance with the Comma DowmrnL% as well as all continuing obligations indicated in the Contrail Documents, will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement, ARTICLE 7—OTHER WORK ReWed Work at Sire: 7.1. OWNER may pat= other work related to the Project at the site by OWNER's own faces, or let other direct contracts therefor which shall contain General Conditions situ ilar to ihese, or have other work performed by utifity owners. If the fad that such other work is to be performed was no noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (d) CONTRACTOR may make a claim therefor as provided in Articles 1 I and l2 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 dues contract and each utility owner (:aid OWNER if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coinoct and coordinate the Work with theirs Unless otherwise provided in the Contact Documents. CONTRACTOR shall do all cutting fitting and patching of the Work that may he required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by attirg, excavating or otherwise altering their work and will oily cut or alter then work with the written consent of I NGTNEER and the others whose work will be affected. The duties and res bilitida of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable VCDCOENEIiAL CANDMON31910-8 (1990 Edition) Is WI CITY OFFORT OOLLIM MODIFICATIONS MV 411000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONfRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such .other wad: and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable a unsuitable for the proper execution and results of CONTRACTOR's Wok: CONTRACTOR's failure 'so to report will corvaimte an scoepuince of such other work as fit and proper, for integration with CONTRACTOR's Work except for Intent or normpparent defects and deficiencies in such other work. Coorfination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemised; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such ccordimtion ARTICLE 8—OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER. OWNER skill appoint an engineer against wham-CGPFTRACTGR—makes- ro-reasomble-ebjmttm whose status under the Contend Documents shall be that of the former ENGINEER. 8.3. OWNER shall furnish the dam required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveeyyss to establish reference points are set forth in pamgruX4.1 and 4.4. Paisgraph 4.2 iefas.lo OWNER's identifying and makbg available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing i • 0 i 0 is SW Nal or eomlgUOUs [o die site that have been utilized by NesEContract Documents_ fonhai>-jtaiegaphs3sthiough-5.14 8.6. OWNER is obligated to execute Change Orders as 'indicated in paragraph 10.4. 8.7.. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in pamgreph 13.4. R.R. In connection with OIVNER's right to stop Work o suspend Work, son pamgnp hs 13,10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate servicesof CONTRACTORunderc mineucumstan=. 8.9. The OWNER shall no supervise, direct o have .control or authority over, no be responsible for, -CONTRACTOR's means, methods, techniques, sequences or preccdures of construction or the .safety preaautions and progmms. incident thereto. or for any, failure of CON'fRACfOR to comply with Laws and Regulations ,applicable to the fiunishing or performance of the Work. OWNER will not be responsible for CONT'RACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 8.10. OWMRN responsibility in Fe . Mt Of •rove''- ;iA-�,-�_i i�__. a:.>a -__ d-er-ieven{ed-et npmgmph-0 5, errmgameras—have-kxen—niece-to-satisfy-OWNi�s. responshbnhe5-m-raspeol-theFeof-wllF-6e-es-set-farth-urthe supplemeitmy-F-ondaionr. .ARTICLE 9-ENGINEFR'S STATUS DURING -CONMUCTiON ORIAER's Reprerentative: 9.1. ENGINEER will be OWNER's represemative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's ,representative during. construction me set forth in the Corumct Documents and shall not be edended without written coretraof OWNER and ENGINEER . Nxiis to site., 9.2. ENGINEER will make visits to the site at intervals sppropnete to the various stages of construction as ENGINEER deans necessary in order to observe as an experienced and qualified design, professional the progress EICOCOENERAL COMITIONS 19108 (1990 Edlim) n•/aTv OF FORT COLLIR4 MODIFICATIONS OLEV 412000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based or information obtained durirg sudr visits and cbs miums ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the' Work is proceeding in `accordance with the Contract Documents ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Wok. ENGNEL•R's efforts will be directed toward providing for OWNER a'greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on- ste observations, ENGINEER will keg"p OWNER inCarmed of the progress of the Work and will OWNER to guard OWNER against defective Work. ENGINF.ER's visitsand on -site observations an subject to all the limitations onENGINEER's authorityand responsibility set forth in paragraph 9.13, and parueularly, but without limitation during a as a result of ENGINEER's-on-site visits or observations of CONTRAC70R4 Work ENGINEER will not supervise; direct, control or have authority over or be responsible far,CONTRACTOR's means, mahod% techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or fix any failure of CONTRACTOR to comply, with Laws and Regulations .applicable to the or performance of the Work. Project Representative: 9.3, If OWNER. and ENGINEER agree, ENGINEER will furnish a Resident Project ,Representative to assist thereon of non% such Resident Conditions, 9.3.1. TheRepresentative's deafirres m matters I ut imm to tF� on -sate work wdL in eeneraL be with the ENGINEER and CONTRACTOR But: the Representative will keep the OWNER pmperly advised about such matters The Representative's dealrnes'.with subcontractors will only be through o with the full kimwledee end a000val aC the CONTRACTOR 93.2. Duties and Responsibilities. Representative will: 9.3.2.1. Schedules - Review the nro¢ress 19. 20 schedule and other schedules Prepared by the CONTRACTOR and consult with the ENGINEER conccrnine acceptability. 9 3 2 2 Conferences and Meeting - Attend mating with the CONTRACTOR such as orewnstruoion conferences. proems meetings and other iob conferences and prepare and circulate copies of minutes of meetings. 9.3.2.3.Liakn 9.3.2.3.L Serve as FNGINF.ERS liaison with CONTRACTOR working ou¢ivally through CONTRACTORS superintendent to wpis-the CONTRACTOR m understundine the Contract Documents. 9.3.2.3.2. Assistin obtaining from OWNER additional details or information when required. for proper execution of the Work. 93233. Advise the hNOINEER and CONTRACTOR of the commencement of any Work requiring a Shop [hawing or vmmVlc submission if the submission has not heap approved 6y the ENGINEER 9 3 24 Review of Wok. Reiectg[ )<)gjgfyjyg Work Inspections and Tests - 9 3.2.4 1 Conduct cm -site observations of the W " e to the ENGINEFR in dctennininq at the Work is proceeding in accordance with the Contract Documents 9.3.2,43. Accompany visiting inspectors reprexntine public or other neencies hnvine jurisdiction over the Roiect record the results oC Unese inspections end report to the ENGINEER 9.3.2.5. Interpretation oC EEContrad Dacumems Report to ENGINR when clarifications and interpretations of the Contract Documents are needed and tmrmnit to CONTRACTOR clarification and interpretation of the Contract Doctunents as issued by the fp�(e7l�lda'>f 9.3.2.6. Modifications. Consider and evaluate CONTRACTOR'S stwestions for EICDC GUWR LCOADITIOM 1910-8(1990 ENdt�i�m) w/ CITY OF FORT COLLI t3 MOMFICATIONS (RhN 4Ra00) modification in Dmwines or Specifications and reran .these recommendations to ENGINEER Aawately transmit to CONTRACTOR demions issued by the ENGINEER 9.3.2.7. Records. 9—IL U. Furnish ENGINEER per zhc reoDr_,ts as.reyuired. of the progress of the WorFI and of the CONTRACTOR'S 2 mpfimxe with the Froorar xhedule end --schedule of shoo Drawing and sample wbmitml% 9,12.8.2. Consult with ENGINEER ip advance bf sclnedulipg major tests, inspectionns ors[art oft f impon:mt DlLnses of the 932-83- Dmft proposed Chance Orders and Work, Directive Chanties ohUtining bad:up material from the CONTRACTOR -and recommend to ENGINKER Change Orders. Work Directive Chances and field oilers 93.2.8.4. Repot immediately to ENGINEER and OWNER the occurrence of any accident 9.3.2.9. Fa"vmcm Rwuests. Review applications for pavmrnt with CONTRACTOR for compliance with the. established procedure for their submissinn and forward with recommendation to 0 E 10 • ENGINEER noting particularly the relationship of requirements of the Contract Documents (in die form of the Payment requested to the schedule of values, Drawing or otherwise) as ENGINEER may determine worn: completed and materials and equ. era necessary, which shall be consistent with the. intent of and [delivered et the site but not mccrWatal m the reasonably inferable from the Contract Documents. Such Work written clarifiratiora and interpretations will be binding on OWNER and CONTRACTOR If OWNER or 9.32!10. Completion. CONTRACTOR believes that a written clarification,or interpretation justifies an adjustment in the Contract Price 9.3.2.10.1. Before ENGINEER issues a or the Contract Times and the parties are unable to agree Certificate of Substantial "Cora oletion-submit to the tanotat or extern lhereo( if anyy.OWNER of to. CONTRACTOR a list of observed items CONTRACTOR may make a written plain therefor ss remaining correction or completion provided in Article 11 or Article 12. 9.3.2.10.2, Conduct final inspection in the Authorized Yariadons in (York., company of the ENGINEER. OWNER and CONTRACTOR and prepare a final list of 9.5. ENGINEERmay authorim minor variations in items to be corrected or completed. the Work from the requvemerits of the 'Curnuact Documents,whioh do not involve an sJustment in the 9.3:2.10.3. .Observe that all .items on the Contract price or the Contract Times and are compatible final list have been corrected or completed and with the design, concept of thecompleted project as a make recommendations to ENGINEER Functioning whole as indicated by the Contract corlceminiz acceptance. Docure im These may be accomplished by a Field Order and will be binding on OWNER and also on 9.13. Limitation of Authority' The Rernmentative shall CONTRACTOR who shall perform the Work involved not: promptly. If OWNER or CONTRACTOR believes that a 9.3.3.1. Authorize deviations from the Field Ord:rjusufim an adjustment in the Contractprice or Contract Times the an Contract. Documents or accept any substitute the and parties arc unable to agree as to the amount or extent thereof, OWNER or materials or equipment unless nuthoriud by-9 e CONTRACTOR may make a written claim therefor as ENGINEER provided in Article II or12. 9.3.32.. Exceed limitation of ENGINEERS Rejecting Defective Work: authority as set forth in the Contract Documcros 9.3.3.3. Undertake any of"the responsibilities 9.6. ENGINEER will have authority to disai rove Or of the CONTRACTOR "Subcontmetors or reject Work which ENGINEER believes to be �fectiw, �QNEliCn�1'9,B:�sucerintendent. or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that 9,3.3.4, Advise on or issue &cctiora relative • will prejudicet e integrity of the design concept of the to. or assume control over any aspect of the completed Project as a functioning whole as indicated by menu, methods techngueS sequences or the Contract Documents. ENGINEER will also have procedures for cotsWction unless such is authority to require special kspection or testing of the s_pecilieally called for in the Contract Documents. Weak as provided in paragraph 13.9. whether or not. the Work is fabricated installed or eonpleted 9.3.3.5. Advise on or issue. directions regarding or assume control ovu safety Shop Drawings, Change Orders andPaymmm precautions an d promams in corrections with the Work. 9.7. In connection with ENGIISEER's authority as to Shop Drawing and Samples, see paragraphs 6.24 through 93.3.6. Accept Shop Drawino or sample 6.28 inclusive. submittals from anyone "other than the CONTRACTOR 9.8. In connection with ENGINEl72's authority as to Change Orders, see Articles 10, 11. and 12. 9.3.3.7. Authorize OWNER to occupy the Work-in whole or in part. 9.9. In connection with ENGINEER' authority as to Applications for Payment, see Article 14, 9.33.8. -Participate in stiecialiaed. field or laboratory tests or inspections conducted by others Determinations for Unit Prices: except es specifically euthorizod by the ENGINEER 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by Ckrrificatims and Interpretations: CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEERs preliminary 9.4. ENGINEER will issue.with reasonable promptness determinations on such matters before rendmirg a written such written clarifications or interpretations of the decision thereon (bur recommendation of an Application EICDCOENERAI. CONDITIONS 1910 8 (1990 Edtim) 21 w/CITY OFFORT C0111 S MODtFICAMNS(REV42000) 0 for Payment or otherwise). ENGINEGR's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten rays alter the date of any such dedsio4 either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of mtentdonto app� I it= hNGINhhK's nua eotsl and: (1) an nppeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Extdbit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16. or(u) if no such Dispute Resolution Agreement has been entered irao, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedim as the appealing party may have with respect to ENGINEER's decision, unless 'otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputer, 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of clnmmges in the Contract Price a Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) alter the start of the occurrence or event: giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence, or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate dam in support. of such claim, dispute or other matter.. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days stiff receipt of the opposing party's submittal, if any, in accordance wnh this paragraph. ENGTNEER's written decision on such claim, dispute rr other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the pro sues set forth in EXHIBIT 'GC -A, 'Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article. 16, or (i) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER'S written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jwarlictron to exercise such rights or remedies as the appealing party may have with respect to wch claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the dam of such EKDC OENEItAL CONDITIONS 19108 (1990Ecfium) 22cotctTYOFFoRTCOLLimmoDIr1CAT1oNS(IIEV4200D) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR 9.12. When functioning as interpreter and jute under parsgnphs9.10 .and 9.11, ENGINEER will not show arciaiity to OWNER or CONTRACTOR and will not be ble in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant lo'paragraphs 9.10 or 9.11 with respect to my such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be.n condition precedent to any. exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulationa.in respect of any such claim, dispute or other matter-jw 4te,4rHele46. 9.13. Limitations on ENGINFER's Authority and Responsibilities. 9.13.1. Neither FNGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor stay decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, escre se or performanceof any authority or responsibility by ENGINEER shall cram,- impose or .give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, am Supplier, any other person or organization, or to airy surety for or employee or agent of any of then. 9.13.2. ENGINEER .will not supervise, direct, control or have authority over or be responsible for CONTRACTOWs means. methods, techniques, sequences or procedures of construction, orthe safety precautions and programs incident therew. or far any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Wort:. 9.13.4. ENGINEER's review or the final Application for Payment. and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of mspectiorm tests and approvals that the results certified indicate compliance with, the Conbct Documcrim 9.13.5. The limitations; upon authority and P • 0 • responsibility set fodti in this paragraph 9.13 shall also (including, but not limited to.,CoittraG_ Price or Contract apply to ENGINEERS Coasultanta Resident Project Times) is required by the provisions of any Banal to be Representative and assistants ggrvrn toe suretryy the givit of arty -such notice will be CONTRACTOR'S respmtstbdtty, and the amount of each applicable Baal Will be adjusted accordingly. • 0 ARTICLE 10 -CHANGES IN THE WORK Without invalidat the Agreement and without e to retry surety, OW may, at any time or firm to time, ordera kliliom, deletions or revisions in the c. Such additions, deletions or revisions will be hoed by a Written Amendment,a Change Order, or a : Change Directive. Upon receipt of any such, item,' CONTRACTOR shall prunr tly proceed with Nod: involved which will be per formed underthe cable conditions of the Contract Documents (exccot as 10.2. IC OWNER and CONTRACTOR are unable to agree as to the,exrent, if any; of -an adjustment in the Contract Price or an adjustment of the ContractTimes that should be .flowed as a result of a Work Change Directive, a claim may be made thaefa as provided in Article I or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contact Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended,. modified and 'supplemented as provided in paragraphs 3.5 and 3.6, escept in the case of an'cmergency as provided in paragToph 6.23 or in the raw of uncovering Work as provided in paragraph 13.9. 10.4. OWNER .and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: ,10A.1. changes in the Work which are (i) ordered by =31Z pursuant to paragraph 10.1, (u) required because of -acceptance of defective Work udder pangrmh'13.13 or correcting defective Work under paragraph 13.14. or (iii) agreed to by the potties: 10.4.2. changes in the Contract Price or Contract Timers which are agreed to by the parties; and 10,4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.1 l:. provided that; in lieu of executing any such Change Order. an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws. and Regulations, but during any such W. 1. CONTRACTOR shall carry on the Wad: andadhere to the progress schedule es - provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EJCDC GENERAL C'OMITIONS 19104 (1990 Edlian) w/CITY OF FORT COLLINS MODIFICATIONS (REV 40000) ARTICLE II —CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and oblivions assigned to or undertaken by CONTRACTOR shall he at CUNTRACTOR's expense without change'in the Contract Price. 11.2. The Contract Price may only be clanged by a Change Order a by Written Amendment. 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 andto ENGINEER promptly (Fait in no event later than ttdrty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start, of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's writen statement th i the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrehce or event .All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragrapS9.11 if 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 paragraph 11.2- 113. The value of arty Work covered by a Change ge Order or of arty claim for an adjustmea in the Contract Prim will be determued as follows: 11.3.1. where the Work involved is covered by unit paces contained in ' the Contract Documents, by application' of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 11.9.3. inclusive): 11:3.2. where the Work imohed is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, imiuding lump sum (which may include anallowance.for overhead and profit not necessarily in accordance with paragraph 11.6.2): 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to 'a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Weak (determined as provided in paragraphs 11 A and 11.5) plus a CONTRACTOR's fee for overhead and profit (dctcrmincd as providcd in paragraph 11.6). Com ofrhe Work 11.4. The tern Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in 'the proper performance of the Woik. Excgrt as otherwise may be agreed to in writing by OWNER such casts shall be in amounts no higher than those prevailing in the locality of the Project, -shall include only the following items and shall not include any of the costs itemivcd in paragraliK 11.5: 11.4.1, Pa oll costs for employees in the direct employ'of CONTRACTOR in the performance of the Work trader schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen .and other personnel employed full-time at the site. payroll costs for employees not employed full-time on the Work shall be apportioned m'the basis of their time spent m the Work Payroll toss shall include.-butaot be limited to* salaries and wages plus the cost of fringe benefits which shall 'include social security contributions, applicablethereto. The expenses of performing Work after regular working hours, on Saturday. Sundev or legal holidays, shall be iroluded in the above to the extent authorized by OWNERY 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work:, including costs of transportation and storage thereof,. and Suppliers' Geld services required in connection Iherewith, All cash discounts shell accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, at which case the cash discounts shall accrue to OWNER All trade di 6oums, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER and CONTRACTOR shall make provisions so that they may be obtained 11.4.3. Payments made. by CONTRACTOR to the Subcontractors for Work performed a furnished by Subcontractors. If required by OWNER, EXI)COISDE I. CONDITIONS 1910; 090 Edition) 24 w/CITY OF FORT CCII.WM MODIFICATIONS MEV412000) CONTRACTOR shall obtain competitive bids 6om Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine• with the advice of ENGINEER which bids, if any, will be accepted. If any subcorttract provides that the subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Wok and fee shall be determined in the same mamba as CONTRACTOR's Cost of the Work and fee as -provided in paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to .engineers, architects, testm laboratorics, surveyors, attorneys and accountansg employed for services specifically related to the Work, 11.4.5. Supplemental costs including the following: 11.4.5.1. The Proportion of necessary transportation, trave and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties cormectcd with the Work. 11.4.5.2. Cos, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not awned by the workers, which an consumed in the performance of 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 pars thereof whether rented from CONTRACTOR or others an accordance with rental agreements approved 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 of any such equipment, machinery or parts shall cease when the use thereof is no longernecessary forthe Work. 11.4.5.4. Sales, consumer. use or similar tares relented to the Wale and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for cause other than negligence of CONTRACTOR any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) catfsed 6y damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the 0 Ixrforman" and famishing of the Work (except. 11.5.5. Costs due to the negligence of loses. and damages within the deductible amounts CONTRACTOR any Suboomactar, or anyone of property insurance established by OWNER in - directly or indirectly employed by an of them or for ace. nce with paragraph 5.9Z Provided they whose ads any of them may be liable, including but have resulted from causes other than the not limited to, the corridion of r*fective Work negglIigence of CONTRACTOR. any disposal of materialsor equipment wrongly supplied Subcontractor, a anyone directly or indirectly teal making good any damage to property. employed by any of them a for whose acts any of them may be liable. Such losses shall include 1 AA Other overhead or general expense costs of settlements made with the written consent and any kind and the costs of my item not specifically and ..approval of OWNER. No such lose; damages expressly included in paragraph 11.4. and expenses shall be included in the Cost of the 'Work for the of determining 11.6. The CONTRACTOR'S fee allowed to CONTRACTOR's fcc.p 1[ however, any such loss CONTRACTOR far overhead and profit shall be . or damage requfies reconstruction and determined as follows: CONTRACTOR is placed in charge thamf CONTRACTOR shall be paid for services a fee 11.6.1. a mutually acceptable fused fee;'or prcliortioiate to that stated inparagraph 11.6.2. 11.6.2. if a fixed fee is not agreed upon, then a fee 11.4.5.7. The cost of utilities, fuel and sanitary based an the following percentages of the various facilities at the site. portions o[ the Cost of the Work: 11.4.5.8. Minor expenses such as telegrams, 11.6.2.1. for costs incurred under long distance telephone calls, telephone service at paragraphs 11.4.1. and 11.4.2, the the site, expressage and similar petty cash items in CONTRACTORSs fee shall be fifteen permit; connection with the Work. 11.6.2.2. for costs incurred under 11.4.5.9. Cam of premiums for additional Bonds pamgmph'11.4.3, theCONTRACTOR's fee shall and insurance required because of changes in the be five, percent; Work. 11.6.2.3. where one or more tiers of U.S. The tern Cart of the Work shall not incdudc any of subcontracts are on the basis of Cost of the Work .the following: plus a fee and no fixed fee is agreed upon, the mtent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.5.1. Payroll torts and other compensation of 11.6.2 is that the Subcontractor who actually CONTRACTOR's otlkers; executives, principals (of performs or furnishes the Work: at whatever net, partnership and sole proprictorships), general managers, will be paid a fee of fifteen percent of the costs • engineers, architects, estimators, attorneys, auditors. incurred by, such Subcontractor under pomgmphs acammtams, purchasing and contracting , agents, 11.4.1 and 11.4.2 and that any higher tier expediters, timekeepers, clarks and other personnel Subcontractor and CONTRACTOR will each be employed by CONTRACTOR whether at the site or in paid a fee<oE€we-pereertE-of-that-amours-paid-to CONTRACTOR's principal or a branch office for theriad4owertierSabrronaaetar; to be n oe¢ bated general administration of the Work and nut specifically in good faith with the OWNER but not to exceed included in the agreed upon schedule of job five percent of the amount maid to the next lower classifications referred to in paragraph 11.4.1 or lltr-Ziqkcontractw. specifically covered byy paragraph 11.4.4roil of which are to be considered administrative costs by the 11:6.2.4. fee shall be basis covered CONTRACTOR's fee. no payable an the. of costs.itennwd under paragraphs 11.4.4, 11 4,5 and 11.5; 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at 11.6.2.5. the amount.of credit to be allowed the site. by,CONTRACTOR to OWNER for any. change which results in a net decrease in cost will be the 11.5.3. Any part of CONTRACTOR' capital amountof the actual net decrease in cost plus a expenses, mclud'i? interest on CONTRACTOR'S deduction in CONTRACTOR's fee by an amount capnal employed Cor the Work and charges against equal to five percent of such net decrease; and CONTRACTOR for delinquent payments. 11.6.2.6. when both additions and credits are 11.5.4. Coat of premiums for all Bmds�md for. all insnence'whether snot CONTRACTOR isreyuaed involved in any one charge, the adjustment in CONTRACTOR'S fee on.the by the Contract Documents to hair and inaimain premiums sfmll be computed basis -'of the net charge in accordance- with the same (except far the tort of covered by panagr6pbs11.6.2.1 through 11.6.2.5, inclusive. subparagraph 11.4.5.9 above). 11.7. Whenever the cast of any Work is to be UCDCOENUM CONDITIONS 1910E (199a Edtim) 25 aaCTTV OF FORT COLLINS MODIFICATIONS (REV 411000) 11