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HomeMy WebLinkAbout386996 WESTERN STATES RECLAMATION INC - CONTRACT - BID - 8122 LANDSCAPING AT HORSETOOTH & TIMBERLINECity of Fort Collins Purchasing SPECIFICATIONS Financial Services Purchasing Division 215 N. Mason St. 2"' Floor PO Box 580 Fort Col tins, CO 80522 970.221.6775 970.221.6707 fcgor•. com,vurclmsing CONTRACT DOCUMENTS FOR LANDSCAPING AT HORSETOOTH & TIMBERLINE BID NO. 8122 PURCHASING DIVISION 215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS MAY 27, 2015 - 3:00 P.M. (OUR CLOCK) SECTION 00020 INVITATION TO BID Date: May 8, 2015 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 May 27, 2015, for the Landscaping at Horsetooth & Timberline, BID NO. 8122. 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 8122. The Work includes landscaping of East Horsetooth Road and South Timberline Road at the intersection and in the immediate vicinity of the intersection. The project includes: Topsoil placement, bark mulch and rock mulch placement, tree, shrub and grass plantings, sod placement, irrigation system installation, Low -Impact -Development system installation, median and parkway plantings, planter pots, Art in Public Places installation including foundations and pieces, decorative rock pieces, small rock retaining walls, landscape maintenance for two years. Construction surveying will be completed by the City of Fort Collins. 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 2:00 PM, on May 14, 2015, in Conference Room 1B 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: • Rocky Mountain E-Purchasing System: www.rockvmountainbidsVstem.com 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. 6.4. Unless odw-wise specified in the General Requirements, CONTRACTOR shall famish and assume full resporsibihty for all materials, equipment, labor. transportation, epnstruction equipment and machinery, tools, appliart m fuel, power, light, heal, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 641 Purchasinc Restrictiom: CONTRACTOR must comply with the Citv's purchnsine restrictions. A coon of the resolutions are available for review in the offices of the Purchasing and Risk Narwgemeant Division or the City Clerk's of 1 6.4.2. Cement Restrictions: City of Fort Collins Resolution 91-121 reiresthat su tiers and roducers of cement or Um rc¢or cnaimLig cement to certifythat m the oeent was not made in cement kilns that bum hazardous waste as a fuel 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents All warranties and guarantees specifically called for by the Specifications shall c\pressly run to the benefit of OWNER. if required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and e;gwpment shall be applied installed connected, erected, used cleaned and conditioned in accordance with instruetiems of the applicable Supplier, cxecpt as otherwise provided in the Contract Documents. Progress Scliedulc 6.6. 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: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the event indicated in pam"h29) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applieaable thereto. 6.62 Proposed adjustments in the progress 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. Subsivutesand "Or -Equal" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by "sing the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required- Unless the specification or description EICDCOI:NFRAL CONDIIIOM 1910-8(199a E(fition) 12 w1 CITY OF FORT COLUNS MODIFICATIONS ttt-V 411000) 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 mid sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for accept-= of proposed substitute items. 6.7.1.2. Subslibrte Items.- If in ENGINEERS sole discretion an item of material or equtpmeet proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone otter than CONTRACTOR If CONTRACTOR wishes to fiunish or use a substitute item of material or equipment. CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results calla] for by the general design, be similar in substance to that specified and be suited to the same use as that specified The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated The application will also contain an itemized estimate of all costs or credits that will result dirwdv or indirectly from acceptance of such substitute• including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER m evaluating the proposal substitute. ENGINEER may requre CONTRACTOR to furnish additional data almut the proposed substitute. 6.7.13. COMRACTOR' Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. Substitute Construction Mef)rodt or Procedures: If a specific means, method, technique, sequence or . ocodure of construction is shown or indicated in and expressly required by the Contract Dccumentts CONTRACTOR may furnish or utilize a substitute meats, method technique, sequence or Procedure of construction acceptable to ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGiNEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be sim ilar to that provided in subparagraph 6.7.12. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuam to paragraphs 6.7.12 and 6.7.2. INGINI:ER will be the sole judge of acceptability. No 'or�equai" or substitute will be ordered installed or utilized without ENGiNEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expose a special performance guarantee or other surety with respect to any "or -equal' or substitute. ENGINEER will record time required by ENGINEER and ENGINEEE 's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1 2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEII2's Corsultants for evaluating each such proposed substitute item. 68. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.82), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ arty Subcontractor, Supplier or other person or organization to famish or perform any of the Work against whom CONTRACTOR has reasonable objection. V0XMQRAt.COM1MO s 191"(1990 Edition) w/ CITY OF FORT C011dNS MODIFICATIONS OLEN 42000) 6.9. CONTRACTOR shall Perform not less than 20 percent of the Work with its own faces (that i& without subcontractinu). The 20 percent reauiremrnt shall be understood to refer to the Work the value of which totals not less than 20 percent of the Contract Price. 6.8.2. lf-� Supplementary-C.orulitions Dim Documents require the identity of certain Subcontractors, Suppliers or other person or organizations (including those who are to fur ish the principal items of materials or equipment) to be sulmtitted to OWNER inladvanor-of-the-speoifwd date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEM-4 nil- if has submwtud a list there OWNER's or ENUINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such -Subcontractor Supplier-offier-perscr.,or OFgAIR-iffitiORiaay--lee:-+ewOked-rxr--dre basis of *wdsttgation; in ..-h',M onsa GQ?,4oAi-1'0o _hn'l ... na1. an adjusted by the di e-Rae in the ASA rienaqinAed by such -substitution -and -an -appropriate Change Order will constitute a condition of the Contract re utrin• the use of the named subcontractors, suppliers or other parsons or orpanimtion on the Work unless prior written approval is obtained from OWNER and ENGINEER No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or famishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own aces and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor. Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcontractor. Supplier or other person or organization, nor shall it create any obligation on the pan of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. OWNER or ENGINEER may furnish to anY subcontractor, supplier or other pensvn or cmanizaticn evidence of amounts paid to CONTRACTOR in accordance with CONTRACTOR'S "Applicatio s for Payment". 13 6.9.2. CONTRACTOR shall be solely responsible for wlxduhng and coordinating the Work of Subcontractors. Suppliers and other persons and agarimtions performing or famishing any of the Work under a died or indirect contract with CONTRACTOR- CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR 6.10. The divisions and sections of the Specifications and the identifications of anDrawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11 All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. ' additional--ffmired-en- the -properly- insurance-Ixoeidedin CONTRACTOR -arid-the Subcontractor -or -Supplier -will WA 1M All F m�^u„-_;�,,.c•: tha-Work—lf-the-- insures-or"ny.-such-policies require Patent Fees and Rovalties: 6.12. CONTRACTOR shall pay all license fees and royalties and assume all tads incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extend permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs. losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention. design. process, product or device not specified in the Contract Documents. ETCDC GENERAL CONDITIONS 1910-8 (1990 EdWw) 14 wi CITY OF FORT CGLIJNS MODIFICAIlONS (REV 42000) Percents: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Birk, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall Pay all charges of utility owners for connections to the Work and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. i.awsandRegulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to burnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to kmow that it is contrary to laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's 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 shell pay all sakes, 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 an materials tube pymanently. inco(porated into the ' I. Said taxes shall not be included in the Contract Price. CONTRACTOR must apply for, and receive, a Certificate of Exemrxion from the Colorado Department of Revenue for costruction materials to be ically incorporated irao�t_he project This ggr,i_fimion of Excmnlion provides that the CONTRACTOR shall neither Dal nor v cltrde in his Bid. and Use Taxes an those building and c e ructit materials dhvsicallv incorporated into the proiect. Address - Colorado Department of Revenue State Capital Annex 1375 Sherman Street Denver Colorado, 80261 Sales amid Use Takes Tor the State of Colorado Regional Transportation District (RTD) and certain Colorado counties are collected by the State of olorado and are included in the Certification of Exemption. All aoohauble Sales and Use Tares (including State collected taxes) on anv items other than construction and building materials physically incorporated into the o eci are to be id by CONTRACTOR and are to mduded N aoprooriate bid items. Use of Pm=es• 6.16. CONTRACTOR shall confine construction equipment. the storage of materials and equipment and the apaabons of workers to the site aril 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 easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest extent permitted by Laws area Regulations, indemnify and hold harmless OWNER. ENGINEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from arty claim or action, legal or equitable, brought by arty such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent mused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work. CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completi= of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all properly not designated for alteration by the Contract Docum ants. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in ary manner that will endanger the structure, nor shall CONTRACTOR subject any part of de Work or adjacent property to stresses or pressures that will endangerit. Record Documents: E)CDC Ct(;NERAL CONDITIONS 1910-8 (1990 Edtim) w! CITY OF FORT COLW NS MODIFICATIONS (REV 412000) 6.19. CONTRACTOR shall maintain ins safe place at the site one record copy of aU Drawings, Specifications, Addenda, Written Amendments. Change Orders Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction These record documents together with all approved Samples and a counterpart of all approved Slop Drawing will be available to ENGINEER for reference. Upon completion Of the Work, and prior to release of final payment, these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWN ER Sq(ety and Pretecdon: 6.20. CONTRACTOR shall be responsible for initiating, maintauting and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety o[ and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 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 Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or lass; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 6.20.2 or 6.20.3 caused, directly or indirectly in whole or in part, by CONTRACTOR. any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of than to perform or furnish am' of the Work or anyone; for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and net attributable, directly or indirectly, in whole or in part to the fault or negligence of CONTRACTOR or any Subcontractor. Supplier or other person or organization directly or indirectly employed by any of them). C ONI'RACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.21. SafeV Represenwtive: 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 Program: 62-1. CONTRACTOR shall be responsible for coordinating any exchange of material safety data shoots or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. Frrergeneies.• 6.23. In emergencies affecting the safety or protection of persms or the Work or property at the site or adjacent thereto, CONTRACTOR without special instruction or authorization from OWNER or ENGINEER is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR stall 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 Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action 6.24, Shop Drawings and Sampler. 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 2.9). All submittals will be identified as ENGINEEP may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 624.2. 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 dearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited EJCDC OEMMUX CONDITIONS 1910-9 (1990 E6nioM 16 wi CITY OF FORT COWM MODIFICATIONS (R V V1000) purposes required by paragraph6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Proeedum: 6.25.1. Before submitting each Shop Drawing, or Sample. CONTRACTOR shall have determined and verified: 625.1.1. all Geld measurements, quantities, dimensions specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipppping, handling, storage, assembly and insaallation pertaining to the performance of the Work, and 6.25.1.3. all information relative to CONTRACTOR'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 Slop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contact Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contact 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 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals accepted by ENGINEER as requited by paragraph 29. ENGINEER's review and approval will be orgy to determine if the items covered by the submittals wilL after installation or incorporation in the Work, conform to the information given in the Contact Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contact Documents. ENOINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions, CONTRACTOR shall make corrections required by FNGINEER, and shall return the required number of currected 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. 627. ENGfNEEWs 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 attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.2S. Where a Shop Drawing or Sample is required by - the Contact Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph 2.9, arry related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR Continuing the Work: 6.29. CONTRACTOR shall cary on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agrce in writing. 630. CO\7RrICTOR's General Warrant ' and Guarantee: 6.30.].CONTRACTOR warrants and guarantees to OWNER, INGINEER and ENGINEER's Consultants that all Work will be in aeeonk= with the Contract Documents and will not be dejechve. CONTRACTOR's warranty araf guarantee hereunder excludes defects or damage causal by: 630.1.1. abuse. modification or improper maintenance or operation by persons other than CONTRACTOR Subcontractors or Suppliers; or 630.12. 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 &CDC GENERAL CONDITIONS 1910-9 (199D Eclition) Al CIIY OF FORT COLLINS MODIFICATIONS (REV 4/2000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 630.21. 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 or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6,30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGTNEFR pursuant to paragraph 14.13; 6.30.2.7. any inspection, teat or approval by others; or 6.30.2.8. any correction of defective Work by OWNER Indennifica4on.• 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER ENGINEER ENGINEERS Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, lass or damage: (i) is attributable to bodily injury•, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (u) is caused in whole or in pan by any negligent act or omission of CONTRACTOR any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Wool: or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemniGed party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors or employers by any employee (or the survivor or personal representative of such employee) of CONTRACTOR any Subcontractor, any Supplier, any person or organization directly or indirectly employed by 17 any of them to perform or furnish arty of the Work or anyone for whose acts any of them may be liable, the utdemnilication obligation under Paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 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 them. Siasival ofObhgaaons 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents will survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7-0TLIER WORK Related Ww* at sae• 7.1. OWNER may perform other work related to the Project at the site by OWNERS own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then. (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work aril (4) CONTRACTOR may make a claim then for as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the am cunt or extent thereof. 7.2, CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER if OWNER is performing the additional work with OWNERSs employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect end coordinate the Wort: with theirs Unless otherwise provided in the Contract Documents CONTRACTOR shall do all cutting fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting. excavaung or otherwise altering their work and will only cut or slier their work with the written consent of ENGINEER and the others whose work will be affected. The ditties and respinsibilitics of CONTRACTOR tinder this paragraph are for the benefit of such utility owners and other oontmctors to the extent that there are comparable EXVCOENERAL CONDITIONS 191" (199a EAlien) is w! CITY OF FORT COLLINS MODIFICATIONS tREV 420aa) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 73. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonappnrent defects and deficiencies in such other work. Coor&nadon: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site. the following will be tit forth in Supplem entary Conditions: T4.1. the person, fine or corporation who wil I have authority and responsibility for coordination of the activities among the various prime contractors will be identified, 7.4.2. the specific matters to he covered by such authority and responsibility will be itemized; and 7.4.3. the extent of such authority and msponsibi lifics will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination ARTICLE 8--OWNER'S 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against whom �es no-reasonable-ebjeetiork whose status trader the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shall furnish the data required of OWNER raider the Contract Documents promptly and shall make payments to CONTRACTOR promptly when they are due as prov ided in paragraphs 14.4 and 14.13. 8.4. OWNER'S duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Pwagraph4.2 refers to OWNER'S identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface coridtttons at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Document& forth in Paragraphs S. 5 through -SA0: 8.6. OWNER is obligated to execute Change Orders as indicated inparagaph 10.4. 8.7. OWNERs responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or =spend Wok, sec ragrapas 13.10 and 15.1. Paragraph 15.2 deals with OWNER'S right to terminate services of CONTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, tin be responsible for. CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.11). /�t��_ITrCD�.. cty� ligmFilmis Ra i<aetive Mat uncovered led -a iF�is set feFth in parag�apT. 8.11. if anti to the extent ()kW;ER lip Cr�uPFR-A-GTQR _...,...,_..td.. .. :.1e...., ,6.., C.........'.I arrangements haves--been-made-to_satisl'y-OLb'NL•R's re�9pE1tISItNlity-tn-RSpeaFF�eFZC�tiy tll--tle-as-set--fonli-In-thle Supplementer}'-CAVA tl(HnS.- ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION OWA ER's Repremdative. 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWIN'ERs representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. lisits to Sim: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary on order to observe as an experienced and qualified design professional the progress FJCDC GENERAL CONDITIOM 1910-5 (1990 E(Itim) W1 aTY OF FORT COLLI NS MODIFICATIONS (REV 420W) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based an information obtained during suds visits and observatou. ENGINEER will endeavor for the benefit of OWNER to determine in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINLER's eQorts 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 - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. ENGI1ghER's visits and on site observations are subject to all the limitations on ENGINEER's authority and responsibility xct forth in paragraph 9.13, and particularly, but without limitation, during or as a result of E.NG114EER's on -site visits or observations of CONTRACTOR'S Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraphs9.3 and 9A3 „_., :_ .he S....._l__.._w Catriditions of these General Conditions. If OWNER desigrtates another representative or agent to represent OWNER at the site who is not ENGINEERS Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other persort will be as provided in the Stwlemetitary GendAis wag_tlph21 931 The Representative's cealu= in matters perMining to the oo-site work will, m L'eneraL be with the ENGINEER and CONTRACTOR But. the Representative I" keep the OWNER �r party advised about swuch matters. The Rexesentatives dealmg- with subcontractors will arilY be through or wi the full knowledae and a000val of the [JO7.JiftarOCOTA 9.3.2. Duties and Responsibilities. Reprrsrntative will: 9.3.2.1. Schedules - Review the oarress 19 schedule and other schedules prepared by the CONTRACTOR Eud consultwith the FNG)IMR concernutg acceptability. 9.3 2 2 Conferences and Meeting - Attend meeannz with the CONTRACTOR such as geeonvguction conferences. process mgctings and other rob cmnferonces and prepare and circulate copies of minutes of meetings 93.2.3. Liaison 9.3.2.3.1 Serve as ENGMF.R'S liaison with CONTRACTOR, wwkitm principally trough CONTRACTORS supwraendent to assist the CONTRACTOR m urderstanditte the Contract Documents. 9.3.2.3.2. Assist to obtaining from OWNER additional details or informatiotL when rya toed for proper exccution of the Work. 9323.3. Advise the ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or samnle submission if the submission has not been ap y clip ENGINEER. 212 4 Review of Work Raj on of Deft li¢i Work Inspections and Tests . 9.3.2.4.1. Conduct on -site observations of e W css t a in determining at the Work is nrocecding in accordance with the Contract Documents. 9.3 2.4.3. Accompen_y visiting ins�etdors representing public or other agencies having iurissdictiah over the ProiecL record the results of these inspectiom and report to the INGI�. 9.3.2.5. Imegaetaticm of Contract Doctm ou Report to�ENGNEER when clanfrcaticrts and imeroretatiom of t1e Contract Dptatmems are needed uul_tianvnit _to CONTRACTOR clarifxation and muawtation of the Contras Dotaunenis as issued by the ENGINEER. 9.3.2.6. Modifications. Consider and evaluate CONTRACTOR'S suggestions for ExDCOENERAL commOE61910-s aggoEmtim) 20 wi CITY OF FORT COLLINS MODIFICATIONS tREV 4R000) modification in Draw or S cations and r rt these recomm ttons WJEP GINEER. Accurately transmit to CONTRACTOR decisions issued by the ENGINEER. 9.3.2.7. Records. 9.3.ui sh ENGINEER pcdodic reports as recLuired of the r e of the Work and o the CONT CTORS c�t»phawc with the0=*m schedule and schedule of shoo Drawing and samole 9321 Costtlt with ENQZmE& in advance of scheduling maior test& inspections or start of important phases of the Work, 9.3 2.8.3. Draft proposed Change Orders and Work Directive Clapn= obtaining b ckup materiel tivm the CONTRACTOR and regain d to ENGINEER Chance Orders. Work Directive Chances and field orders 93.2.8.4. immediaw to FNGINEE72 OWNER the occurrence of any accident. 9 3 2 9 Payment Reouests Review applications far paymaa with CONTRACTOR for complianx with the established procedure for their submission and forward with recommendation to ENGLEER notirg particularly the relationship of the -payment _requested- to the schedule of va_l_ues work completed and materials and eq-Ujrrnent delivered at the site but not incorporated rn the Work. 2,3 2 j9�CotnPlction. 9.3.2.10.1. Before ENGINEER issues a Certificate of Substantial Completion. submit to CONTRACTOR a list of observed items requiring correction or completion 93 2.10.2. Conduct final inspection in the company of the ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed. 9.3.2.10.3. Observe that all items on the final list have been corrected or completed and make recommendatiors to ENGINEER concertina acceptance. 93.3. Limitation of Authority: The Representative shall not: 9.3.3.1. Authorize wny deviations from the caltrad Documents or accent any substitute Iltaig�3 gl_egutgltt unless autherl�eS1 �y ENGINEER. 93.3.2. Exceed limitations of ENGINEERS authority as set forth in the Contract Documents. 9.3.3.3. Undertake any of the rcgponsihilitics Of the CONTRACTOR. Subcontractors. or OMMAaOR•S superintendent. 23 3_4_f1,d_Y.15e 9.t1SLz£sue din tiong.teaesjv_e o r assume control war any_ aspect_of. the meat method techniques __sequences._ or MOCCdurQS for construction unjeM_§u_it specifically called for in the Contract Documents. 9.3.3.5. Advise on or issue directions reeardrtR 4L umfe conuoLpYer --vfM precautions and oroatams in cormections with the Work. 93.3.6. Accept Shop Drawv>g_s or sample submittals from anvone other than the CONTRACTOR 9.3.3.7. Authorize OWNER to occupy the Work in. whole or in part. 9.3.3.8. Participate in specialized field or laboratory tests or by others except as MCCIfiwlly authpriud by the a t.tael7 Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable prwnptrr-% such written clarifications or interpratations of the FJCDC OFNERAL CONDIII OM 1910.9 (1990 Edtim) W+CITY OF FORT COLEUS MODIFICATIONS (REV 42000) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary. which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof: if arrv. OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or Article 12. Authorized YariaBons in work: 9.5. ENGINEER may authorize minor variations in the Work firom the requirements of the Contract Documents which do not involve an adjusrment in the Contract Price or the Ccmtract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Ordcrjustifies an adjustment in the ContactPrice or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article i f or 12. R4jedwg Defective Work 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, ustalled or completed. Shop Drawings, Change Orders and Payments 9.7. In connection with ENGINEERS authority as to Shop Drawings and Samples, see paragraphs 6.24 dsough 6.28 inclusive. 9.8. In connection with ENGINEERS authority as to Change Orders, we Articles 10. 11, and 11 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Determinations for Unit Rices 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER' preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 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 for Payment or otherwise). ENGINEER's written decision thereon will be £>ffil and binding upon OWNER and CONTRACTOR unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a foram of competent jurisdiction to exercise such rights or remedies as the appealing party in ay 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 Di9wer 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 fumishing of the Work and claims miler Articles 1 I and I. in respect of changes in the Cataract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the star 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 data 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 th ty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or 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 Medures set forth in EXHIBIT GC -A. "Dispute Rlution Agreem ens", entered into between OWNER and CONTRACTOR pursuant to Article 16, or (it) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGIN1Z:Rs 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 jurisdiction to exercise such rights or remedics as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such EJCDC OI:NERAL CONDt11OM 1910.8 (1990 Ed tkn) 22 wi CITY OF FORT" WLLINS MODIFICA'n0NS ft-V 4/2000) decision, unless otherwise agreed m writing by OWNER and CONTRACTOR 9.12. When functioning as interpreter and judge under paragraphs9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be Gable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9. 10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in pamsmph 14.15) will be a condition precedent to nny cxercisc by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other mamer-p�. 9.13. Limitations on ENGINEER's Authorih' and Responsbitiriee: 9.13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any deosion made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work ENGINEER will not be responsible for CONTRACTOR's failure to perform or famish 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 Wok. 9.13.4, ENGINMR's review of the final Application for Payment and accompanying documentation and all maintenance and operating urstnrctions, schedules, guarantees, Bonds and cenificates of inspection, tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their convent complies with the requirements of and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with the Contract Documents. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Cansuhards, Resident Project Representative and assistan's ARTICLE 10--CHANGES IN THE WORK 10.1. Without In alida tutgg the Agreement and without notice to any surety, OY`,NER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment a Change Order, or a Work Change Directive. Upon receipt of any such document. CONTRACTOR shall promppttly proceed with the Work involved which will be peri'irmed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 1 I or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except m the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) ooverug: 10.4.1. changes in the Wok which are (i) ordered by OWNER pursuant to paragraph 10.1, (mi) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14. or (ii1) agreed to by the parties; 10,4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.43. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such :rappppecaa len, CONTRACTOR shall on the Work and are to the progress schedule as provided in paragraph 6.29 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents EJCDCGENERAL CONDITIONS I910-8 (1990 Edition) w/ CRY OF FORT COLLINS MODIFICATIONS (REV 4P_ OW ) (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the gviN of any such notice will be CONTRACTOR's responsibility. and the amount of each applicable Bout will be adjusted accordingly. ARTICLE 11—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 obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 112. The Contract Price may only be changed by a Change Order or by a Written Amendment Arry claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (tut in no event Inter than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or 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 written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 112. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 11.9.3. inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, 'including lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2). 11.33. where the Work involved is not covered by unit prices contained in the Contend Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determinedasprovidedin paragraph 11.6). Cost of the Work: 11.4. The tens Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agroed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the fallowing items and shall not include any of the costs itemized in paragraph 11.5: 11.41. Pa cll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without 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 on the basis of their time spent on the Work. payroll casts shall inolttde;43ut*a be limited for salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health ant} eetrrement benefits bonuses; applicable thereto. The expenses of performing Work after regular working hours, on Saturday. Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work including costs of transportation and storage thereof, and Suppliers' field services rcgrued in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts. rebates and refimds and returns from sale of surplus materials and equipment shall accrue to OWNER aid CONTRACTOR shall make provisions so that they may be obtained 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractorsif required by OWNER, FJMC GENERAL CONDITIONS 191M (199015dition) 24 coI CITY OF FORT C.OLLINS MOOIFICATIONS(REV 412000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manna as CONTRACTOR's Cost of the Work and fee as provided in paragraphs l l.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, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.45. Supplemental costs including the following: 17:4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.1 Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned b), the workers, which arc consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented tom CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installatim dismantling and removal thereof —all in accordance with tams of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. I I A.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any oil' them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11 A.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.91 provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of than or for whose acts any of then may be liable. Such lasses shall include settlements made with the written consent and approval of OWNER No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. It however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge therco� CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.537 The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cast of premiums for additional Bonds and insurance required because of changes in the Work. 11-5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprictorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, c)q)cditcrs, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work arid not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Ex pones of CONTRACTOR's principal and brandy offices other than CONTRACTOR's office at the site. 1133. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). EKDC OENER AL COIQD1TI ON'S 191" (1990 Editim) w! CI TY OF FORT COLD NS MODIFICATIONS (REV 42000) 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by an • of Item or for whose acts any of them may be liable, including but not limited to, the correction of dejeetn?e Work disposal of materials or equipment wrongly supplied and making good any damage to property. 11 5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a frost fee is not agreed upon then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11-4.2, the CONTRACTOR's fee shall be fifteen percent 11.6.2 for casts incurred under paragraph 11 All. the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.43 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee-4-fi-peroert to themd-lower tier Subcontractor, to be negotiated in good faith with the Q I ¢ut_W_;Q cc:ccgrd five percent of the amount paid tc the next lower tier Subcontractor 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4. 11A-5 and 11.5. 11.6.2.5, the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such act decrease; and 11.6.2.6. when both additions and credits are involved in any one charge, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11J. Whenever the cost of any Work is to be 25 determined pursuant to paragraphs 11A 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 itemized cost breakdown together with supporting data. Cash Atlonnnces. l I.S. It is understood that CONTRACTOR his included in the Contract Price all allowances so owned in the Contract Documents and shall cause the Work so covered to be furnished and 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 matcriaLq and equipment required by the allowances to be delivered at the silo. and all applicable taxes and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, imtallotion casts, overhead, profit and other expenses contemplated for the allowances have been included in the Contract price and not in the allmances and no demand for additional payment on account of any of the foregoing will be valid Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allawwtoci, and the Contract Price shall be correspondingly adjusted 11.9. Unit Price WartL• 11.9,1. Whore the Contract Documents provide that all or pan of the Work is to be Unit Price Work initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price 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 Contract Aria. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER m accordance with paragraph 9.10. 11.9.2. Each unit price will be domed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTORS overhead and profit for each separately identified item. 11.9.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 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; EJCDC OENERAL CONI)MOM 1910-9 0"O Edtion) 26 W/aTY OF FORT WLLINS MODIFICATIONS (REV 4a000) TJ 119.3.2. there is no cortosponding adjustment with respect to any ether item of Wcrk: and 11.9.33. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of laving incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or docrcase. 11.9.3.4. CONTRACTOR acknowlakes that the OWNF;R has the right to add or delete items in the Bid or change quantities at OWNER'S sole discretion without affecting the Contract Price of any remaining item so long as the deletion or addition duos not exceed twemv-five percent of the original total Contract Price. ARTICLE 12—CHANGE OF CONTRACT TIMM 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paragraph9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits sated 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 beyorid the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in Paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires. floods, epidemics. abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for suds delay. In no event shall OWNER be Gable to CONTRACTOR any Subcontractor, any Supplier, any other person or organization or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (t) delays caused by or within the control of the CONTRACTOR, or (11) delays beyond the control of both parties including, but not limited to, foes, flood-• epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13-TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1- Notice ofDefeets.• Prompt notice of all &feetive Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defective Wort: may be rejected, corrected or accepted as provided in this Article 13. Ace=to Work: 13 ?. OWNER ENGINEER ENGINEER's Consultants, Other representatives and personnel of OWNER - independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasamble-42mes for their observation inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tesrsand lnnpections 13.3 CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspectiers, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, less or approvals covered by paragraph 13.5 beluw; 13.4.2. that costs incurred in connection with test or inspections conducted pursuant to paragraph 13.9 EJCDC MIMUL CONDITIONS 1910-8 (1990 Edition) w/ CITY OF FORT L01,11 S MODIFTCATIONS(REV 02000) below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for estranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGMER's acceptance of materials or equipment to be incorporated in the Work or of materials, mix desigrL% or a pmcnt submitted fax approval prior to CONTrCTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of UIGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of C,ONIRACTOR's intention to cover the saute and ENGINEER has net acted with reasonable promptness in response to such notice. Uncovering Work. 13.& If anv Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by othas, CONTRACTOR at ENGINEER's request shall uncover, expose or otherwise make available for observation, inspection or teeing as ENGINEER may require, that portion of the Work in question furnishing all necessary labor, material and equipment If it is found that such Work is defective. CONTRACTOR shall pay all claims. ousts, ]mxs and damages caused by, arising out of or resulting from such uncovering. exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereofi may make a claim therefor as provided in Article 11. If, however, such Wok is not found to be defective, CONTRACTOR shall he allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering exposure, observation, inspection, testing, replacement and reconstruction; arid, if the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. OWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to fumish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise the right for the benefit of CONTRACTOR or any surety or other party. Corrediae ar Reamml of Defeedve Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by FNGMER, remove it from the site and repLtcc it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses 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. Correction Period• 13.12A.If within oneewr two years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terns of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defective Work or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not afrfective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. IT CONTRACTOR does not promptly comply with the terms of such irtsuuctions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR 13.122.1n special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment 13.123. Where defective Work (arid damage to other EX71)C GENERAL COMMONS 191" (1990 Mimi 28 wl CITY OF FORT cGuim moDIFICA'rioNS(REV 4r1000) Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correclion period hereunder with respect to such Work will be extended for an additional period of am yeaF two years alter such correction or removal and repincement has been satisfactorily completed. Acceptance of Defective Work., 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (arid, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept k OWNER may do so. CONTRACTOR shall pay all claims, costs, loses and damages attributable to OWNFWs evnluation 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 FN(*TINFER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work. and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defecdve Work: 13.14. if CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace reJJected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONfRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and mochinery 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 stall allow OWNER OWNERS representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies urider this paragraph All claims, costs, Cusses 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 revision in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, coats, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNERS rights and remedies hereunder. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments an account of Unit Price Work will be based on the number of wits completed. Application for Progress Payment: 14.2, At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR 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 an the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warrantirg 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 OWNaCs interest therein. all of which will be satisfactory to OWNFR. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Any funds that are withheld by the OWNER shall not be subject to substitution by the CONTRACTOR with securities r anv arrnn ements_involvir an ewsrnv or custodianship. By_executim the application forgalrg_er(t form the CONTRACTOR exnressly waives his neht to the benefits of Colorado Revised Statutes,, Section 24-91-101. et sec. C'OM'RACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment whether incorporated in the Project, or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of.4pplieatiom for Progress Payment 14.4. ENGINEER wilL within ten days after receipt of each Application for Payment, either indicate in writing a EJCDC GENERAL CONDITIONS 1910.8 (1990 E(lition) Wf CITY OF FORT COLLINS MODIFICATIONS MTV 4r1000) recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case. CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEERs recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's tin -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER'S review of the .Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief 14.5.1. the Wort: has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Wok, as a functioning whole prior to or upon Substantial Completion, to the results of arty 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 CONIRACTOR's being entitled to such payment appear to have been fulfilled insofar as it is ENGINEER's responsibility to observe the Wok. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (n) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER cr entitle OWNER to withhold payment to CONTRACTOR 14.6. ENGINEER's recommendation of any payment, including final payment shall not mean that ENGINEER is responsible for CONTRACTOR's means methods, techniques, sequences or procedures of construction or the safely precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if. in ENGINEER's opinion it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is *fecrive, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Rice has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of arty of the events enumerated in paragraphs 15.2.1 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 CONTRACTOWs performance or fun fishing of the Work, 14.7.6. liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to see= the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set. off against the amount recommended or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14,T1 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 ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR when CONTRACTOR ahrrects to OWNE12's satisfiuAion the reasons for such action Substantial Completion: 141. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as inmcanplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER. CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER EJCDCODOM CONDMOM 191e-8 (1990 Edtim) 30 w/ QTY OF FORT OOW NS MODIFICATIONS (REV 4,7000) considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, alter considertrig such objectiora, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, slating the reasons therefor. Ic after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGiNPER's issuing the definitive certificate of Substantial Completion, ENGINEER'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 correct items on the tentative list Partial Utilizadoa: 14.10. Use by OWNER at OWNEWs option of any substantially completed part of the Work which: (i) has specifically been identified in the Contract Documents, or (ui) OWNER. ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.I0.I.OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially com ete. If CONTRACTOR agrees that such part of the Lek is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such nat�rt� of the Work is substantially complete and request ENGINEER to issue it certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENG= in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion If ENGINEER does not consider that pan of the Wok to be substantially complete. ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete. the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Wok and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property- insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed 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 defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or moody such deficiencies. Fatal Application for Payment. 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insuance required by paragraph 5.4. certificates of inspection, marked -up record documents (as provided in pnmgraph6.19) and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except w% previmsly delivered) by: (i) all documentation called for in the Contract Documents. including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the suety, if any, to final payment. and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services material and equipment for which a Lien could be filed and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWN'ER's property in ight in any way be responsible have been paid or otherwise satisfied If any Subcontractor or Supplier fails EiCOCOENERAL CObUTIOM 191" 0990 stunt a•/ CITY OF FORT COLD NS MODIFICATIONS ntEV 4(2000) 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 surety to fulalize Payment are to be submitted on forms conforming to the format of the O WNP,R'S standard forms bound in the Project manual. Fugal Payment andAceeptance.• 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection. and ENGiNEER's review of the final Application for Payment and accompanying documentation as required In• the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations wider the Contract Documents have been fulfilled, ENGINEER will, within ten days alter receipt of the final Application for Payment. indicate in writing ENGINEEWs recommendation of payment and present the Application to OWNER for paymient. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise. ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final paymem, in which cast CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to rarapraph 17.6.2 of these 9elllCmdUT Q ~ 14.14 IC through no fault of CONTRACTOR final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted if the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage 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 tingly completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terns and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute' 14.15-1.a waiver of all claims by OWNER against CONTRACTOR., except claims arising from unsettled Liens, from defective Work appearing after 31 SECTION 00100 INSTRUCTIONS TO BIDDERS final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Conrad Documents; and 14.15.2.A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled ARTICLE 15-SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. At any time and without cuuse, OWNER may suspend the Work or anportion thereof for a period of not an more deninety rays 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 CONiRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12, OWNER May 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 paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.22. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 1523. if CONTRACTOR disregards the authority of ENGINEER. or 152.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents: OWNER may, after giving CONTRACTOR (and the surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for treT&m or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid VCDC OENFRAL COND1TIO S 1910$ 0990 &fitim) 32 w/ CITY OF FORT COLLINS MODIFICATIONS ft'V4Q000) CONTRACTOR but which are shed elsewhere, and finish the Work as OWNER may deem expedient In such case CONTRACTOR shall not be entitled to receive any further payarent until the Work is finished If the unpaid balance of the Contract Price exceeds all claims, costs, lasses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER Such claims, casts, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGIN 69P incorporated in a Change Order, gunde ided that when exercising any rights or remedies r this pamgaph OWNER shall not be required to obtain the lowest price for the Work perforated. 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any tights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER. OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall he paid (without duplication of any 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 Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and banishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such. termination CONTRACTOR Irli v Stop Work or Terminate: 15.5. If thnaugh no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, laminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement end without prejudice to any other right or remedy, if ENUMEER has failed to act on an Application for Payment within thirty days alter it is submittal, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due. CONTRACTOR may upon seven days written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, mcludiuig interest thereon. The provisions of this paragraph 15.5 are not 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 CONTRACTOR's shipping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION if and to the extant that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if anv, shall he as set forth in ExhibitGC-A, "Dispute Resolution Agreement', to be attached hereto and made a pan hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of Paragraphs 9.10, 9.11 and 9.12. OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—NILSCELIANEOUS Ghirg Notice.• 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the 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. ]7.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period If the last day of any such period falls on a Saturday, or Sunday or on a day made a legal holiday by the law of the applicable juisdfiction, such day will be omitted from the computation. EJCDC O£NERAL CONDITIONS 1910-8 (1990 6dtim) V CITY OF FORT COLUNS MODIFICATIONS (RSV 4R000) 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midniglII will constitute a day. Nodee ojaaimt 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other partys employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of arty applicable statute of limitations or repose.Curnuladve 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 pamgmphs 6.12. 6.16, 6.30, 6.31, 632, 13.1, 13.12, 13.14, 14.3 and 152 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular ditty, obligation, right and remedy to which they apply. Professional Fees and Court Casts Incdurded., 17.5. Whenever reference is made to "claims, costs, losses and damages", it shall include in each cause, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 376The I y g e S _te f Colorado auujy to this Aereemmt Reference to two pertinent Colorado statutes aze as follows 17.62. If a claim is filed OWNER is required by law (CRS 38-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the Payment of all claims for labor, materiak team hire, sustenance, provisions, provender. or other swplies used or consumed by CONTRACTOR or his 33 E.ICOC ULNERAL CONDITIONS 1910-s (1990 Emlim) 34 W/O TY OF FORT COLLINS NIOUIFICA'CIONS(REV 42000) (This page left blank intrntionally.) EJCDC GENE&AL CONDITIONS 1910.8 (1990 EAtion) 35 WI CITY OF FORT COLLINS MODIFICATIONS (Rl:V-i2000) E=COENMAL CONDITIOM I9I0a (1990 E&kn) 36 WlCITY OF FORT COLUM MODIFICATIOIS(REV4R000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREENfEVT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: I&I. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Dcannents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction 16.2. No demand for 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 ENGiNFER 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 mace later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11: and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNTIR and CONTRACTOR If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence bud will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. I6.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Assoctauon and a copy will be sent to ENGINEER for information The demand for arbitration will be made within the thirty -day or ten -lay period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. ERMC GENERAL CONDITIONS 191 M (1990 Editical w/ CITY OF FORT COLGNS MODIFICATIONS (REV 9199) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, aril 16.4.2. such other person or entity 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 sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration baween 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 the provision of such subcontract consenting to joirda shall agate any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGU-4 E 's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereot: and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaimm disputes and other matter in question between them arising out of cr relating to the Contract Documents or the breach thereof ("disputes"). to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitrauon Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file 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 these 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 shall not serve as arbitrator of such dispute unless otherwise agreed UNRI E1CDC OENERAL CONDITIONS 1910-B (1990 Emtim) OC-AI w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-12.3 Add the following language to the end of paragraph 12.3. Contractor will include in the project schedule zero 0 days lost due to abnormal weather conditions. SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment SECTION 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 SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: 8122 Landscaping at Horsetooth & Timberline CONTRACTOR: Western States Reclamation Inc. PROJECT NUMBER: 8122 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: DATE: Title: APPROVED BY: DATE: Title: APPROVED BY: DATE: Purchasing Agent over $30,000 cc: City Clerk Contractor Engineer Project File Architect Purchasing 5ectlon uuubu APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application - Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Date: By: $0.00 APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 STORED MATERIALS SUMMARY On Hand Item Invoice Previous Number Number Description Application Received This Period PAGE 4 OF 4 Installed On Hand This This Period Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 Fort of ATTACHMENT A WESTERN STATES RECLAMATION, INC. 3756 Imperial Street • Frederick, Colorado 80516 (303) 833-1986 • (303) 833-4447 - Fax To: City Of Fort Collins, CO Address: 215 North Mason Street Fort Collins, CO 80524 USA Contact: Phone: Fax: Dan Woodward (970)416-2483 (970) 221-6329 Project Name: PRPA - Irrigation Project Location: Fort Collins, CO Bid Number: Bid Date: 8/20/2015 Item # Item Description Estimated Quantity Unit Unit Price Total Price Base Bid 01 Controller - Baseline Basestation 1000 + Baseline 1.00 EACH $4,935.00 $4,935.00 Bisensor Moisture Sensor 02 Baseline PFS Flow Sensor 1.00 EACH $1,115.00 $1,115.00 03 PVC Mainline (4")(Gasketed Pipe W/ Thrusts) 1,344.00 LF $6.85 $9,206.40 04 Irrigation Control Wire 1,344.00 LF $0.78 $1,048.32 05 4" Gate Valve - Matco GV 6.00 EACH $950.00 $5,700.00 06 Quick Coupler 6.00 EACH $355.00 $2,130.00 07 Control Valves + Baseline Decoders 32.00 EACH $665.00 $21,280.00 08 PVC Laterals 3,880.00 LF $2.75 $10,670.00 09 Pop Up Sprays 213.00 EACH $18.50 $3,940.50 10 Pop Up Gear Driven Rotors SS 65.00 EACH $68.50 $4,452.50 11 Drip Tubing 1,800.00 LF $1.15 $2,070.00 12 Drip Emitters + Stake +Tubing 1,000.00 EACH $2.40 $2,400.00 13 Drip Line Flush Out 12.00 EACH $55.50 $666.00 14 Bluegrass Sod (2' X Total Length Of Irrigation Lines) 10,448.00 SF $0.60 $6,268.80 Alternate Pricing Items A Inline Fertigation System Total Base Bid Price: $75,882.52 1.00 EACH $7_,005.00 $2,005.00 Notes: • This bid is good for thirty- (30) days from the bid date set forth above. • This bid does not include Davis Bacon wages or certified payroll requirements. • This bid does not include a performance or payment bond. Add 1.15% for bond. Minimum of $250.00 charge. • This bid does not include traffic control • A minimum of two (2) weeks advance notice is required for mobilization. • This bid does not include any applicable fees or permits for taps, etc. • This bid includes mobilization • WSRI was not provided with any warranty or guarantee information on this project. Therefore, other than generally accepted workmanship standards, none is expressed or implied. • This is a complete bid and shall not be broken apart without contacting WSRI. • This bid is based on plans provided by City of Fort Collins. PRPA Irrigation Sheets IR-1, IR-3, IR-4, IR-5, IR-6, IR-7 • This bid does not include pump station or point of connection items not listed in the bid form. • This bid assumes adequate access to the site by agricultural equipment and tandem axle trucks. (Tractors, mulchers etc.) • This bid is based on the attached scope of work; quantities of work beyond estimated contract amounts will be billed at the bid unit price. • This bid does not include sleeving of any kind. Any sleeving that will be installed will be at an agreed upon unit price. • A fertigation unit is shown in the legend but is not shown on the drawings. WSRI has provided a unit price for the fertigation unit as a cost alternate. • These stipulations, conditions, and darifications will be considered a part of the contract that is entered into by WSRI. Payment Terms: Payment net: 30 days. Interest will be charged on delinquent payments at the rate of 1.5% per month. 8127/2015 3:40:12 PM Page 1 of 2 IRRIGATION LEGEND a•9'S su'Lxs'. Las %o M: sum MRI ME. M,vo.Lm. Nlxl[P Mm-Pxa%-w Wln sans wrnL • Pws�t[ uvusu oxuml0[ Ixpc+Ra rY Main: a rtn ROw (CFUI. o-o x+ -O.Y] -o.f] - u¢ui Ito slmxMu I .1 xao rH ... lar-w ow.r ae.wLw' wxrtx rxos-rrao-cv Nno ttms xoMl • n was ..palm Pwvu.'. % PN xwus x I]n ow(Ma) E-PA, bro -fN lJll M (3/4 W . at rYY(ilMd[ (]/\ W[I NS[ xMMO 5 OlN0.W W[IL) EMTP A A + VW W )NIAIXIL4 WN11P VNJf-VN610.LV W/ti YX6 WZ[I[ w11.1T m INM LNn9SXn r.uST % ImJ RMTI' x FEET ,. 1] �MIMIIM VYYP LIngM. 5([ ruNP Sf111M PWS ... rnr-Jr iOMY "A1LM IWNI[rl INTO_ M"p am SMS NOIIIL aOMl-01-[MNrI:11M M4rNPIv .11P.'. J11 PaMXMWW9: IL !41 ILnw fPPMII 0.11P] -I.nn I-.\.]M1 m Nsln vuv( +suAMn'. xuT[X xv-1s n 11LM 9L119CN A9sCNpLY', M%cL PIS " P YIyNY YVIIINX[EMI XWILX PNM•PXSIYM[f[nM ] Y IS rtrr P W/1]SS S[A1ca Mlrx. [SSIIn11 .N P. A Xnwt .[aP.MM W'II ES-iLv ..P. �m L0/pPY: Cmit-pli ti5f.10-I..1p N ISIMA1Mw MR V.K MSJMly1 . I'm WP-VP pW GXMM Po(CM6: MMI@ 1-10-M-R Y OW[X CW[LNG VYH V9d01Y:YMFRp SIIIC 0 VRLSSIMCI M PG 4YNWp IMSJIR 1.a fl' IIWIIS dM1 ti M- LMIPE V.H A65[Y%Y 10P 6MMMLP iA1(IVLa ® SO IXIf1LL 9.1[Va. N' W:10 NY IT. r.xRN eV (LMp rtn ry.I) O Y r,] InIIY MpXS: 1]' rtIM )1 NY .901X]II1( MMR' %' rW: TO pPN W MWP[ LLMMY tlT Y.H +NYeLY: R111�. YQ-FM-1m-CMI U 1a M)S➢l NXOIL W' l0 MII �a'l" rWSx Vf M](YRY O 1e SO I.Z)11 XLOARI 1A' NM SP MY n. 60 N%LS NMR M' IILY16p pPY IY alMl YLR11M YX%M. WSLYN( tltiLN90M V O IY[tLL YWR IW` 60 DVI f Wf 1[5 cYIxrRWfX uU SrAMW M..l PtP-u AMM 9XMwtA'. N1.@ 1J0-OS-M --11aLYrLS urtPIL o¢owT[ (cw) V IALSWI[ m w X IL[II[ MPVS 4' 110'Y. 9S W eM RS wLK 9Y[ MCQ1 ci a n' LLY'II{: W la. "I 041 WIXR: ROIn'].5 fn � IrpCA25 U'OSGK .nuN4 U O 111 �IILC IIIG 0.VY6 39' MY: S] WII v w.9u PIMe XQ:I ] MY On LwwAllw cwi.wuP Yw MM VTAM, STAIM �' cpNINNL4 M Wu1.L 1. CONSTRUCTION NOTES O L1M NYxOXW f L VCAI.NGIrolpiprLLW11N[ MrOIMNMIIMOL MxM6 M ITN u 4MM. XCV MLKS .1 [.511MC Y. I LaxlPtti MxM P /HO oruulYJML 1 T , .1 �v°n MMILIf'm"nIlr�ivrM nil lll..i°TTMMMlm.wml nLP wlluurt O CgPMRM 5]ML 14H ]S-INLNFS M II. AM M aan '- M P.IuIINR YOMIIXL AV4M]rt61 dY [NVWIll SXM. CMI 1XY gPTOM� NP mMXMHLLI.fN..1,TY 1r X. M[A5..[MT.Vn LMINVI .xl L I. MUM1 10 MY LWIIKIIIR Lc411M. ATIR MV T1n-MRI fMll.% MRr VAM MMn MF1Y InlY1l0 n MN[nl lu TW .Y1rx cMMelxw r'xou � [M11pL[x L[GIY. O � o-Kx WS IW PA f1[M YIO M[ x-w[x LV55 M SILM AI Na ICUPM Its YYNI[ M. Cd11RV. MM. DESIGN NOTES U I C.'MPJCmN M UMCI[p MLU 6 Taa I PP LVIIRC NulMCMM M MrPM, MM nx[ a wM' W ALLIxW NLIrP +w C TIP". l L WIRT DaftT III.' 10 LKWM INM 11,1. R(VXNS OK.. V R COMQIMMI M INSTALLATION GENERAL NOTES ITXl lSHV ., .siUYLs I MwX . PMLLIM rW I+ 1 SAMN E 4 .1 W U I•re :1 . IWL bnM ( G' IID rM n mL ..wCx ixNrJ,11CN F K [ONX[cmx IrM? N+41p rurc wo nM SLMIw Nlw. W pC ttwv 1111 Gti' VNCM `LOY91n.11 11 �ry"A`L.IM YM Y IALas1 Y M MC CMMpxa. µl Apnm n[ . M.P.[ nMSwH xXn 11w M mL NMx m mxslxmlw. IT an M M RAc M coHW r. M [mY IMIAn. XPIMWIA m IT Monts ML e.t o.PM.AxL[. r MM MINT YNv AYn PET., mP .1 MIS, +Vp vI KUIII MM xP[G.M1TIWa Yp WaIYUTCX WJRF PMAI 1p 0. I W: IW f. M b M[ PU XIU L 1 Y M ObMIRSttNI T,11. TI 1(M G Lf1Y4 xm N fW NM %NTEMN RLI.P M.1 (N lM ] flMn@ANIf 111111ry Its i@ ('IU I. MIM[ YryJ qp') M 1 MI .WIr.1N1M.IHMIC INSIMI. Or .. XIn UIx[M MM IINpIMWXNN JIILIIICS VWM CUPoIMYLIIM. WMCx PMSLC MNGM Mf.11NG NMU[W'L XX[M eLLNXp XY4 Nqf XRI MnuNr I�MpPNIN xIMM M Mr MIIIMIax I. qn M1 PMrrm IMSIN.I. M IWXN1aXa"' ,Pta'El.rq .1ME LM Ii C MN61 w ME T TNI Opp1 1A. rA M V M PAN{Lp® Its MC L11 W14LCiM. V, NL (HCIMIcu PDXIx 10 ML 110. mvMOL Tfl[Y w LlMMIINCLS IVWIMiIa uN UTT .11 M:T I .. Ixunlox MrMN, ¢aLm. i pP119 9ULM pEIT MILS, M sr(II .1.L MCOPNy.E •XRN Mr. NIIIOWL CIECIT[ cqM M0 .1 APPIIWLL mW nm1.L ulvw Lnors, WO M NE JV IT WPRP dp qR p6CMMNLlE9 IT IMC ARMgN IT ME OT6A'S Ip.. I'0 K XIM[ M[WIpNr pI Mq: M A MT MinMf T,l 1. T YG1 llr NM R tP TTi IMMIr S. PSI MNYM4s M[ pMxAXWPL 111cPCIdIL TI[ NLLPNNG 1TFU..T1 1 M .0 JMJIm PIM 19 IXC n 1 XMINY 9T A4 Its,,. N II M MPrU ..I ws , ME SLLMNs. P2 ll.1. IMR LEI.p Wrl p[ LOIIIYC[p Mpl ME q[rWLI po[ SpI N]Im N IN[ II4RD I..." Wv p[ g1YNM I. IxM MWMM SSiry COIBIM,CpYI 4O P.SM] M WILOLMVWIMCIxIx M46 Its CWPY, MS14L WgXiHn MHM4RI. Vrlk Its VMSGPm M[AS L y.y IKL .1.. 10 xYl' W LOT. [b11M1 .MS ""a IUpMC PWR[I MIGi MI C..N q. MET Ma yIRIR L[GM111a M yGX py W04W,L ME' fA..M1M M1IS1N. LMAp MM[S Mr .,I .1.1. SMLL MSw.N19U IWI M, LITPE In51M41. AM PM[. (MY M[MIXMII MA XIkGiM PM MM IIXwIKM. MRAMIG Wy LUifLK.tt of .P ME !M 1bl SYSRY RNIINL WILYW:, ANp M¢NILCIUML IU1UQ'. c L4tli. IMil1. Mp. lI. V YA 611M iTEMII. M M R. NnM. Its rwLaW.c coMvlars m Im own M.Ir to ML mM1]Xw M 1M MMnt f A PAD 1]I MxAIMv xlvf rM LY. mC R vMwV PRnA1m vYKS D 1Po I�mlu]n[ YM�. Aw%1Mr%IYM w@ww�rc w M. sanNnLlr. HVE/AC F- QL Oz 20 cn Z Q a X w Ww Z OW 0] LrLLI /� S E SO wOz O g co o o� 7 W LU ui Z JI S I I � . I J I MATCHLINE SHEET IR-5„r A HINFS INC H Oz =o �Z L X W W "' z Ow co Leo LU WpLu z Cl) U 30 z a z O N O of o: 3 J onipnw ev [cv LM1wW Y+E M3 mi.� +/mlmm IR-3 MATCHLINE SHEET IR-2 W w w_ I Iw z U Q I 1 I I_,is 1 P 0 10 :0 40 HINES INC Of Oz =o F Z Q¢a x w w W z Ow a m LLU am$ �a � F— r wpz �r:j w N � goy � o O 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. MATCHLINE SHEET IR-2 J «,°. — ui J I; , LU a ' co, ZI Ld J „ I Ll �f y o- I oy HINES INC Of Oz =o H Z �z Q a w Ww z Om Lr g uj L Z r O U goy �=0 z a z Q H Q No. PwYlwu Oe1n I I 4Mu er. mtl a-w 4 ry 44 f/y/pplp IR-5 mY IxUI N}P'. r i.re-1. NYY W K oaWlP a uNd mrePnxnox rmM ovYCJmr 0 WEIP YYH: IFR LLRIW }p.11pr wWP aTr IX J/1-MX w9fe PMl M MWIL le SRI[Y m 11 axl M IDr .e WIE bMiP IseaeE P-t aorl YMYa[x YIMYM I.Mx: i LtlY ]-P[ MM M WH iWl i-IPI Wmn / . 1 MSTER VALVE ASSAEMBLY -I:XM6M1 q 1/G: PPxN YN� SwIXMr MlY9d MYJ![ CNIR[L Y4K -'1rLH lN' NM CPRP. MMd I.rH Pun P Ma wIH w. Iazm H SNPYI P WPr4i1 `IxMx •,Rbr/rM a Mw� uuH EmmP etP mMmum WXP<IW MaP W41MP RH w, WIN: ,PD Mw w 1ltH xMbn 6 Y9 PK[ 9A4.LEd ISR P lf/LILIOr b rlxl( ILIPIP wMY eMM IX U.-xxa C�REMOTE CO TROL TU F VALVE ASSEMBLY —VY-eMM aen mm Pw en (rs-me —r/.wol ennwlwv 1L►tl cwx IAIEML 1NE nlPq P N LSCYIGInxxl h, SI EM OUTLET EMITTER ASSEMBLY WK ma MM I.Imtl '9.M E YxM i.rer. P.YO hex' iD Y/ J-eM 4lxxl[I6 nnX P1M/Im M Neu &FLOW SOR ASSEMBSELYN 11x9X tlbC FW xuM 90xe1PA' � �ww�i iu ara� V[dn � IIYWP wY6) ex[-nsrirlE ww Jarr. / aow >m-Em-rE rllC IDrb RalLL ��pE 41Pn FC x^oru�� 4U}llt RRPJ rP eoroxs ix wmt urt..s. / c 1CaINC GEAR -DRIVEN ROTOR ASSEMBLY I.YnN.WE o�m i ra�o¢ M�P-,x us m mPmwx Ji[ ewPW Ymrm lEn b RwuMEI JfY-uGr YLLYIixM1P[ iPue. xw Pm � Evtx mlrc rlr[ M11[' wtur N New Mtup m wm[ .Mu. x-Y wd PIf[. x^MYPJI4FOR M Yp•ux[ T pw5 w[ of WNMMr d i4[I aHn LCL / .,. \'D IP P PNATIVE OR TE SSE R TYU FOR TREES IN URF 0M mr MM tmvPi cNRP ao-. P wa vw} we' I TChmE flrC II b Nmwnl M YwK M Wx. b rY1L Je`PIP (a[M5 P-i. wll) /-awl¢ r. wIUYL ffi M Prt wYII ro wJP xorMlb wxxen �. / 1 GATE VALVE ASSSOEMBLYEMBLY �' ntIIL VEM YWI' 02 mmm mP V%fL Mldl ep0[/IM M Yi/lx 16-INCH POP-UP SPRAY SPRINKL / ER ASSEMBLY N: urtw wti p1.b16 do l VPL r1-Krl r[WM'. ew ew noon I rw-aa mmm mW cN Vx' P}111 slwt RWcvl �/.-WrES1AxIIXIX I�IDf 4dEMm umn. 1 w-ro-e -anln rcM-oe dmP Ew alma IPW: w,Y dunx mx J/.' cxuexm smxx / „ 1 MULTIPLE OUTLET EM TTER ASSEMBLY FOR TREES IN BEDS rYneou arP+ Y i �n wM vxrN vE- r rMlggt, vuH use eu[L wx cuN^ (I M xl 1N• MUwecU 51a[ EX mMl UI }/.yrX:X MISr[p 4RW6 41ad m Ix' vYYu. la Imwrx upxs) 1wAryryU 6 . JJYIr: x.E uwde Px y q[ iE{ P [l RIm CIT WM1[l n 1 ICK COUPLING VALVE ASSOUEMBLY wum Ymor EEwImrP Ir IX L Je-WP Prw rnwm a MRL cam R p Im mrc Eox nnr mrcM uesd Ixle-. MM WM/IM M Y41i1 ROIIIix IMR WN_ (Rm a5 aww d Pw sl MLe4 r¢ Jut uPw eu} wH M mxnnfrat) a.wrm Emlmx nm rwm � ln+nn rE• w w P+r1 Pnr Ir M.) is »I m rrt IInrEM a ®®) AC YwxRE rHOnr¢d¢ �Inle 1' M 1 YIH YIISS M NLH YN mwol ,o.e.r EPm a yY-+a Pva awn mwxm elmsMx amcme un wawa IPE: IB[ aI.® CISP r'RINE d eRM 4RW RI 111M wx G.Yai fl/[F tl/Jaxd pP Nmn MmRY 0.1V MAMD MG a TIMl MM NMMC P[ NT MFf➢1.1iC i a^xv Ywuw a r rwu raY a auxEo rE wH mx Im. e 1 REMOTE CON ROL DRIP VALVE ASSEMBLY me rnrl Eave alrmrr emx w xmr +c• aaanP IX NRaI �/ MP tmxE mM J/Y-uxw wr usrx mm J/.-MCx EEwrtY9d IL NTf I. 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AQC M455-010 (19307) PROJECT SPECIAL PROVISIONS The General Conditions of the Construction Contract and the Colorado Department of Transportation's (CDOT) Standard Specifications for Road and Bridge Construction, 2011 Edition, control construction of this project. Where there are conflicts between the two, the more stringent shall control. The following Special Provisions supplement or modify the CDOT Standard Specifications and take precedence over the Standard Specifications and plans. Item Date Page Index Pages (January 29, 2015) 3 Notice to Bidders (January 29, 2015) 5 Commencement and Completion of Work (January 29, 2015) 6 Contract Goal (Combined) (January 29, 2015) 8 OJT Contract Goal (January 29, 2015) 9 Revision of Section 101 - Definitions of Terms (January 29, 2015) 10 Revision of Section 102 - Project Plans and Other Data (January 29, 2015) 11 Revision of Section 105 - Control of Work (January 29, 2015) 12 Revision of Section 105 — Claims for Contract Adjustment (January 29, 2015) 15 Revision of Section 106 - Control of Material (January 29, 2015) 16 Revision of Section 107 — Insurance (January 29, 2015) 20 Revision of Section 107 - Environmental Controls (January 29, 2015) 21 Revision of Section 107 — Legal Relations and Responsibility To Public (January 29, 2015) 23 Revision of Section 108 - Prosecution and Progress (January 29, 2015) 24 Revision of Section 108 — Limitation of Operations (January 29, 2015) 27 Revision of Section 201 — Clearing and Grubbing (January 29, 2015) 28 Revision of Section 202 — Removal of Inlet (January 29, 2015) 29 Revision of Section 202 - Removal of Pipe (January 29, 2015) 30 Revision of Section 202 - Removal of Sidewalk (January 29, 2015) 31 Revision of Section 202 - Removal of Curb and Gutter and Median Cover (January 29, 2015) 32 Revision of Section 202 - Removal of Concrete Pavement (January 29, 2015) 33 Revision of Section 202 - Removal of Asphalt Mat (January 29, 2015) 34 Revision of Section 207 — Topsoil (Special) (January 29, 2015) 35 Revision of Section 208 — Erosion Control (January 29, 2015) 37 Revision of Section 210 — Reset Water Meter (January 29, 2015) 38 Revision of Section 210 — Reset Fire Hydrant (January 29, 2015) 39 Revision of Section 210 — Modify Manhole (January 29, 2015) 40 Revision of Section 210 — Modify Structure (January 29, 2015) 41 Revision of Section 212 — Tree Retention and Protection (January 29, 2015) 42 Revision of Section 304 - Aggregate Base Course (January 29, 2015) 47 COLORADO DEPARTMENT OF TRANSPORTATION CITY OF FORT COLLINS, COLORADO HORSETOOTH RD/TIMBERLINE ROAD OPERATIONAL IMPROVEMENT PROJECT FEDERAL AID PROJECT NO. AQC M455-010 (19307) PROJECT SPECIAL PROVISIONS Item Date Page Revision of Section 403 - Hot Mix Asphalt (January 29, 2015) 48 Revision of Section 403 — Hot Mix Asphalt (Warranty) (January 29, 2015) 51 Revision of Section 412 Portland Cement Concrete Pavement (January 29, 2015) 59 Revision of Section 412 - Fast Track Portland Cement Concrete Pavement (January 29, 2015) 60 Revision of Section 412 — Portland Cement Concrete Pavement (Warranty) (January 29, 2015) 62 Revision of Section 604 — Inlet (Special) (January 29, 2015) 63 Revision of Section 605 — Subsurface Drains (Special) (January 29, 2015) 64 Revision of Section 608 — Sidewalks (January 29, 2015) 65 Revision of Section 608 - Concrete Curb Ramp (January 29, 2015) 67 Revision of Section 609 — Curb and Gutter (January 29, 2015) 69 Revision of Section 610 — Median Cover Material (January 29, 2015) 70 Revision of Section 619 — Water Service (January 29, 2015) 71 Revision of Section 619 — Water Lines (January 29, 2015) 72 Section 621— Detour Pavement (January 29, 2015) 73 Revision of Section 623 — Plastic Pipe (Irrigation Sleeve) (January 29, 2015) 75 Revision of Section 625 - Construction Surveying (January 29, 2015) 76 Revision of Section 627 - Pavement Marking (January 29, 2015) 78 Revision of Section 630 — Construction Zone Traffic Control (January 29, 2015) 79 Revision of Section 630 — Impact Attenuator (Temporary) (January 29, 2015) 81 Revision of Section 630 — Temporary Traffic Signal (January 29, 2015) 83 Force Account Items (January 29, 2015) 84 Traffic Control Plan -General (January 29, 2015) 85 Utilities (January 29, 2015) 87 NOTICE TO BIDDERS Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the work site and plan details with an authorized City representative. Prospective bidders shall contact one of the following listed authorized City representatives at least 12 hours in advance of the time they wish to go over the project. Project Manager - Dan Woodward, Civil Engineer Phone: (970) 416-4203 Cell Phone: (603) 370-7967 Project Manager - Tim Kemp, Civil Engineer Phone: (970) 416-2719 Cell Phone: (970)219-9762 Project Inspector - Craig Farver, Senior Construction Inspector Cell Phone: (970) 222-0854 The above referenced individuals are the only representatives of the City with authority to provide any information, clarification, or interpretation regarding the plans, specifications, and any other contract documents or requirements. Questions received from bidders along with City responses will be posted as an addendum online at the City of Fort Collins Buy Speed Webpage, www.fcQov.com/eDrocurement as they become available. All questions shall be directed to the City contacts listed above no later than 7. 00 A.M. one week prior to the bid opening. Questions and answers shall be used for reference only and shall not be considered part of the Contract REVISION OF SECTION 101 DEFINITIONS OF TERMS Technical Specifications related to construction materials and methods for the work embraced under this Contract shall consist of the "Colorado Department of Transportation, State of Colorado, Standard Specifications for Road and Bridge Construction" dated 2011. Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different meanings within the scope of this Contract. A summary of redefinitions follows: Where reference is made in the plans and specifications to Owner, Department, Chief Engineer, Resident Engineer, Project Engineer, Engineer, and Inspection and Testing Agency it is understood to mean the City of Fort Collins, Colorado or the City's representative. Where reference is made in the plans and specifications to Surveyor it is understood to mean provided by the City of Fort Collins with City of Fort Collins crews, but acting as a subcontractor to the project. The sections shown on the following pages are revisions to the Technical Specifications for this project. REVISION OF SECTION 102 PROJECT PLANS AND OTHER DATA Section 102 of the Standard Specifications is hereby revised for this project as follows: Subsection 102.05 shall include the following: A copy of the bid may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement 2. Come by Purchasing at 215 North Mason St. 2"d floor, Fort Collins, and request a copy of the Bid The low responsive, responsible bidder may obtain from the City of Fort Collins at no cost; 3 sets of 11 x17 plans, 1 full size set, and 3 sets of special provisions 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 REVISION OF SECTION 105 ,CONTROL OF WORK Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsection 105.10 shall include: Traffic Closures and Operations The Contractor will submit a Traffic Control Plan as outlined in Section 630 of the project specifications. All construction phasing plans, traffic control plans, and requests for closures must be coordinated with the City of Fort Collins Traffic Department and approved by the City. Single lane closures and "lane drops" on both Horsetooth and Timberline Road will be allowed at the approval of the City, after September 14, 2015. Prior to September 14, 2015 the Contractor will need to coordinate any lane closures in conjunction with the roadway contract work through the City. Multiple lane closures, due to either contract or non -contract work within the project area, will not be allowed. Work within the medians on both Horsetooth and Timberline Road may not begin without concurrence from the City and an approved traffic control plan. Traffic Coordination The Contractor shall coordinate with the City Traffic Engineer for all traffic control activities. This shall include, but not be limited to, closure of any City Streets, closure of any partial intersection movements, lane reductions, and detours. City Traffic Control Contact: Syl Mireles Phone:(970)221-6815 Email: smireles(@,fcgov.com Each Contractor involved shall assume all liability, financial or otherwise, in connection with the Contract and shall protect and save harmless the Owner from any and all damages or claims that may arise because of inconvenience, delay , or loss because of the presence and operations of Contractors working within the limits of the same or adjacent project. Contractor is responsible to coordinate with private utilities. Any work to be performed by private utilities shall be identified in Contractor's schedule. Delays due to coordination issues will be the responsibility of the contractor. Coordination with Property Owners and Tenants The City of Fort Collins is committed to maintaining a positive working relationship with the businesses and residents in the project area. Every effort will be made to maintain pedestrian and bicycle flow and to accommodate special events and holidays for businesses, pedestrians, parking, and vehicle traffic. The Contractor shall be responsible to coordinate all work activities with private property owners and tenants along the project corridor. Access shall be maintained at all times. The Contractor shall be responsible for communicating accurate scheduling information to the project team to assure proper notification of businesses and residents. In particular, any proposed disruption or closure to an existing access must be communicated to the property Owners and tenants with as much notice as possible. The minimum notice that will be allowed for any proposed access change is 48 hours. The Contractor shall ensure that adequate alternate access is in place for vehicles and pedestrians and any property -specific access needs are addressed prior to any change in existing access. The Contractor shall coordinate his method of maintaining these accesses with the City of Fort Collins Traffic Operations Department. REVISION OF SECTION 105 CONTROL OF WORK Coordination with Traffic Engineer and Traffic Control Supervisor The Contractor shall coordinate with the Owner's Traffic Engineer for all traffic control activities. Requests for initial Setup of the major project phases (road closures) must be made 3 weeks prior to projected set up. Allow up to 5 days for advanced warning signs. Requests for minor traffic control set ups (lane drops, etc.) must be made 72 hours in advance of set up. Increased Traffic Control costs caused by delays assessed to the Contractor will be the responsibility of the Contractor. Delete subsection 105.12 and replace with the followine: Coordination with other contractors Extensive coordination with the contractor performing the roadway work is expected. The Contractor will cooperate and coordinate with existing contract work in the area so that conflicts are minimized, duplication of work is minimized, unnecessary traffic impacts are minimized, and progress is expedited. The City, County, CDOT, and local utilities including but not limited to Xcel Energy and CenturyLink may contract for and perform other or additional work on or near the Work of the project. When separate contracts are let within the limits of the project, each Contractor shall conduct the Work without interfering or hindering the progress or completion of the work performed by other contractors. Contractors working on the same project shall cooperate with each other as directed. REVISION OF SECTION 105 CONTROL OF WORK Subsection 105.13 shall include: Surveying Coordination A. The Owner will provide any required construction surveying for the project. City Survey Crews will perform the surveying required. B. The Contractor must submit a survey request form to the City Surveyors a minimum of 72 hours prior to needing surveying. C. If the requested surveying cannot be accomplished in the time frame requested by the Contractor, the survey personnel shall notify the Contractor with the date on which the requested work will be completed. D. Should a sudden change in the Contractor's operations or schedule require the survey personnel to work overtime, the Contractor shall pay the additional overtime expense. E. The Contractor shall protect all survey monuments and construction stakes. If it is unavoidable to remove a survey monument or construction stakes, the Contractor is responsible for notifying the Surveyor and allowing enough time for the monuments or stakes to be relocated. The Contractor will be responsible for the cost of restaking construction stakes and for the cost of re-establishing a destroyed monument. F. The Contractor shall be responsible for transferring the information from the construction staked to any necessary forms and for constructing all pipelines, drainage ways, pavements, inlets, walls, and other structures in accordance with the information on the stakes and grade sheets supplied by the Owner. REVISION OF SECTION 105 CLAIMS FOR CONTRACT ADJUSTMENT Section 105 of the Standard Specifications is hereby revised for this project as follows: Subsections 105.22, 105.23 and 105.24 shall be revised as follows: The Colorado Department of Transportation will not participate in the resolution process for any claims filed by the Contractor. REVISION OF SECTION 106 CONTROL OF MATERIAL Section 106 of the Standard Specifications is hereby revised for this proiect as follows: Subsection 106.01 shall include: Substitutions and Product Options A. Description: 1. This section describes the procedure required by the Contractor for product substitutions. 2. Requests for Substitution: a. Base all bids on materials, equipment and procedures specified. b. Certain types of equipment and kinds of material are described in specifications by means of trade names and catalog numbers, and/or manufacturer's names. Where this occurs, it is not intended to exclude from consideration such types of equipment and kinds of material bearing other trade names, catalog numbers and/or manufacturer's names, capable of accomplishing purpose of types of equipment or kinds of material specifically indicated. c. Other types of equipment and kinds of material may be acceptable to the Owner and Engineer. d. Types of equipment, kinds of material and methods of construction, if not specifically indicated must be approved in writing by Engineer and the Owner. 3. Submission of Requests for Substitution: a. After Notice to Proceed, the Owner / Engineer will consider written requests for substitutions of products, materials, systems or other items. b. The Engineer reserves the right to require substitute items to comply color and pattern - wise with base specified items, if necessary to secure "design intent". c. Submit six (6) copies of request for substitution. Include in request: 1) Complete data substantiating compliance of proposed substitute with Contract Documents. 2) For products: Product identification, including manufacturer's name. ii. Manufacturer's literature, marked to indicate specific model, type, size, and options to be considered: Product description; performance and test data; reference standards; difference in power demand; dimensional differences for specified unit. iii. Name and address of similar projects on which product were used date of installation and field performance data. REVISION OF SECTION 106 CONTROL OF MATERIAL 3) For construction methods: i. Detailed description of proposed method. ii. Drawings illustrating methods. 4) Itemized comparison of proposed substitution with product or method specified. 5) Data relating to changes in construction schedule. 6) Relation to separate contracts. 7) Accurate cost data on proposed substitution in comparison with product or method specified. d. In making request for substitution, or in using an approved substitute item, Supplier / Manufacturer represents: 1) He has personally investigated proposed product or method, and has determined that it is equal or superior in all respects to that specified and that it will perform function for which it is intended. 2) He will provide same guarantee for substitute item as for product or method specified. 3) He will coordinate installation of accepted substitution into work, to include building modifications if necessary, making such changes as may be required for work to be complete in all aspects. 4) He waives all claims for additional costs related to substitution which subsequently become apparent. 4. Substitutions: Request sufficiently in advance to avoid delay in construction. 5. Contractor's Option: a. For products specified only by reference standards, select any product meeting standards by any manufacturer indicate selected type in submission. b. For products specified by naming several products or manufacturers, select any product and manufacturer named, indicate selected type in submission. c. For products specified by naming one or more products, but indicating option of selecting equivalent products by stating "or equivalent" after specified product, Contractor must submit request, as required for substitution, for any product not specifically named. 6. Rejection of Substitution or Optional Item: Substitutions and/or options will not be considered if they are indicated or implied on shop drawings, or project data submittals, without formal request submitted in accordance with this section. REVISION OF SECTION 107 INSURANCE Section 107.18 is hereby revised to read: For this project all insurance certificates shall name the City of Fort Collins as an additionally insured party. REVISION OF SECTION 107 ENVIRONMENTAL CONTROLS Section 107 of the Standard Specifications is hereby modified to include the following_ Environmental Controls The work of this section consists of obtaining permits and providing environmental controls consistent with regulatory permits through the duration of the work required under this project. A. Dust Control Application: I . The Contractor shall execute work by methods to minimize raising dust from construction operations. 2. The Contractor shall provide and apply dust control at all times, including evenings, holidays and weekends, as required to abate dust nuisance on and about the site that is a direct result of construction activities. The use of non -approved chemicals, oil, or similar palliatives will not be allowed. Dust control agents may be used only after prior approval of the Owner. The Contractor shall be required to provide sufficient quantities of equipment and personnel for dust control sufficient to prevent dust nuisance on and about the site. 3. The Owner will have authority to order dust control work whenever in its opinion it is required, and there shall be no additional cost to the Owner. The Contractor shall be expected to maintain dust control measures effectively whether the Owner or Engineer specifically orders such Work. B. Preservation of Natural Features: Confine operations as much as possible. Exercise special care to maintain natural surroundings in an undamaged condition. Within the work limits, barricade trees and natural features to be preserved. C. Housekeeping: Keep project neat, orderly, and in a safe condition at all times. Store and use equipment, tools, and materials in a manner that does not present a hazard. Immediately remove all rubbish. Do not allow rubbish to accumulate. Provide on -site containers for collection of rubbish and dispose of it at frequent intervals during progress of work. D. Disposal Disposal of Waste (Unsuitable) Materials: All material determined by the Engineer to be waste will be disposed of in approved landfill in a manner meeting all regulations. Dispose of waste materials, legally, at public or private dumping areas. Do not bury wastes inside of the limits of construction. All costs for dump fees, permits, etc., shall be borne by the Contractor. 2. Disposal of Garbage and Other Construction Materials: Provide sanitary containers/dumpsters and haul away contents such that no overflow exists. Excess excavation shall become the property of the Contractor and shall be legally disposed of by him outside the limits of construction to an approved disposal site. Excess excavated material suitable for backfill shall not be disposed of until all backfill operations are complete. 4. The Contractor is to immediately inform Engineer of any hazardous materials encountered during construction. Dispose of waste materials legally at private or public facilities. E. Burning: No burning of debris will be permitted. 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 may be 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. REVISION OF SECTION 107 ENVIRONMENTAL CONTROLS F. Noise Control: All mechanical equipment shall be equipped with the best available mufflers to reduce noise. The Contractor shall be responsible for obtaining any necessary permits and shall limit noise to the permitted levels. Noise level monitoring shall be performed by the Contractor as necessary to show that the permitted levels are not being exceeded. Permission from Owner must be obtained prior to the operation of any machinery and/or vehicles between the hours of 6 p.m. and 7 a.m. G. Erosion and Sediment Control: It shall be the responsibility of the Contractor to prepare and obtain an approved Erosion and Sediment Control Plan from the Owner. H. Permits: All work must be performed in accordance with all applicable regulatory permits. 2. The Contractor shall be responsible for obtaining all other necessary permits associated with the Work. REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC Section 107 of the Standard Specifications is hereby revised for this project as follows: Subsection 107.01 shall include the following: All hauls traveling to or from Martin Marietta Materials, Inc. (MMM) located at 1800 North Taft Hill Road, Fort Collins, Colorado shall enter and exit the site from the North to CR 54G. No vehicle shall be driven or moved on any private or public highway, street, road or right of way if the vehicle is transporting aggregate material or asphalt paving material unless the load is covered by a tarp or other cover in a manner that prevents the load from escaping the vehicle and which minimizes fumes and emissions. Aggregate material means any rock, clay, silts, gravel, limestone, dimension stone, marble and shale; except that aggregate material does not include wet concrete or other materials not susceptible to blowing. Asphalt paving material means any material formed by mixing aggregate and asphalt cement and includes hot mix asphalt, warm mix asphalt, and bituminous concrete. Subsection 107.25 shall include the following: This work consists of the proper treatment and disposal of ground water collected from dewatering operations during excavation activities. The Contractor shall obtain a construction dewatering permit from the Colorado Department of Public Health and Environment (CDPHE). A completed application must be submitted to CDPHE at least 30 days prior to dewatering operations. Dewatering operations shall be conducted in a manner that avoids pollution and erosion. Water from dewatering operations shall not be directly discharged into any state waters including wetlands, irrigation ditches, canals, or storm sewers, unless allowed by a permit. Discharge into sanitary sewers will not be allowed unless written permission is obtained from the owner or controlling authority and a copy of this approval is submitted to the Engineer. Unless prohibited by law or otherwise specified in the Contract, the water from dewatering operations shall be contained in basins for dissipation by infiltration or evaporation, shall be hauled away from the project for disposal in accordance with applicable laws and regulations, or shall be land applied to approved non -wetland vegetated areas. Depending upon the quality of the water, land application of water to vegetated areas may require a written concurrence or permit from CDPHE and from the owner of the facility. Based on guidelines and criteria from CDPHE, the Contractor shall determine the quality of the water, obtain applicable concurrences or permits, and furnish copies of the concurrences or permits obtained to the Engineer. REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised as follows: Commencement and Completion of Work The Contractor shall commence work under the Contract following the issuance of the "Notice to Proceed." The Contractor shall complete all work in accordance with the Contract by November 16, 2015. Stockpiling of materials before the beginning date is subject to the Engineer's approval. If such approval is given, stockpiled material will be paid for in accordance with Sections 109 and 626. Prior to August 15, 2015 the Contractor may begin staging materials and equipment as space allows and may begin work in areas that are ready, as approved by the City. It is anticipated that work in the project area will not be able to start until August 15, 2015, at which time areas on the outside comers of the intersection will be ready to begin work. Work in the medians will follow after that and the Contractor may not begin work in these areas without approval from the City. It is anticipated that the Contractor will be able to work within the medians by September 14, 2015. Impacts to vehicular traffic patterns will not be allowed prior to September 14, 2015. Pedestrian and bike traffic may be impacted during this time with an approved detour and traffic control plan. See Section 105 and Section 630 for traffic control limitations. Subsection 108.03 shall include the following: The progress schedule shall consist of a Critical Path Method (CPM) schedule prepared using the Microsoft Project software and submitted in hard and electronic formats. The Contractor shall be responsible for planning, scheduling, coordinating, and reporting the progress of the work. Significant coordination with the current roadway contractor will be required. The City will comment on the Contractors initial schedule submittal for coordination of the completion of the work. Salient features to be shown on the Contractor's progress schedule are: • Mobilization • Erosion Control • Irrigation Systems • Grading/earthwork (LID system on NW comer) • Plantings/boulder placement • Art Foundations • Sod and mulch placement • Construction Traffic Control Project Meetings A. Pre -Construction Conference: A Pre -Construction Conference will be held after Notice of Award and before the Notice to Proceed, the date, time and location will be determined after Notice of Award. The conference shall be attended by: I. Contractor and Contractor's Superintendent 2. Contractor's Subcontractors 3. Engineer 4. Owner 5. Contractor performing roadway work under Bid No. 8098 (the City will coordinate this) 6. Others as requested by the Contractor, Owner, or Engineer. Unless previously submitted to the Owner, the Contractor shall bring to the conference a tentative schedule of the construction project, include in the schedule shop drawings and other submittals as required. Any submittals requiring long lead times and therefore must be expedited shall be submitted at the pre -construction conference, or as soon thereafter as possible. The purpose of the conference is to designate responsible personnel and establish a working relationship. Matters requiring coordination will be discussed and procedures for handling such matters established. The agenda will include: I. Contractor's tentative Schedule 2. Permit applications and submittals, including Dewatering Permit (as required), Erosion and Sediment Control Plan, and Traffic Control Plan 3. Transmittal, review and distribution of Contractor's submittals 4. Processing applications for payment 5. Maintaining record documents 6. Critical work sequencing 7. Field decision and change orders 8. Use of premises, office and storage areas, staging area, security, housekeeping, and Owner's needs 9. Contractor's assignment of safety and first aid B. Construction Progress Meetings: Progress meetings will be conducted as needed throughout the project as determined by the Owner. These meetings shall be attended by the Owner, the Engineer, the Contractor's representative and any others invited by these people. The Engineer will conduct the meeting and the Engineer will arrange for keeping the minutes and distributing the minutes to all persons in attendance. The agenda of these project meetings will include construction progress, the status of submittal reviews, and the status of information requests, critical work sequencing, review of strategies for connections into existing facilities, status of field orders and change orders, and any general business. The Contractor will prepare a "two week look ahead" schedule to facilitate coordination of work items. REVISION OF SECTION 108 PROSECUTION AND PROGRESS Modifications to Time of Completion in the Approved Schedule The date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on a date specified in the Notice to Proceed. The Contractor will proceed with the work at such rate of progress to ensure full completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the Owner that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the climatic and other factors prevailing in the locality of the work. Every effort shall be made by the Contractor to complete the project within the "Contract Time" shown in the proposal. The "Contract Time" anticipates "Normal" weather and climate conditions in and around the vicinity of the Project site during the times of year that the construction will be carried out. Extensions of time based upon weather conditions shall be granted only if the Contractor demonstrates clearly that such conditions were "unusually severe," would not have been reasonably anticipated, and that such conditions adversely affected the Contractor's work and thus required additional time to complete the work. The following specifies the procedure for the determination of time extensions for unusually severe weather. The listing below defines the anticipated number of calendar days lost to adverse weather for each month and is based upon National Oceanic and Atmospheric Administration (NOAA) or similar data for the geographic location of the project. Monthly Anticipated Calendar Days Lost to Adverse Weather Conditions JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC (7) (4) (4) (4) (6) (3) (4) (2) (3) (3) (2) (5) The above schedule of anticipated adverse weather will constitute the base line for monthly (or portion thereof) weather time evaluations. Upon acknowledgment of the Notice to Proceed and continuing throughout the contract on a monthly basis, actual adverse weather days and the impact of adverse weather days that delay the work will be recorded on a day-to-day basis. It is assumed that the work will be carried out Mondays through Fridays (holidays accepted) unless an approved construction schedule or written authorization from the Owner indicates otherwise. The number of days of delayed work due to adverse weather or the impact thereof will then be compared to the monthly adverse weather schedule above. An actual adverse weather day must prevent work for 50 percent or more of the Contractor's workday, delay work critical to the timely completion of the project, and be documented by the Contractor. The City Representative observing the construction shall determine on a daily basis whether or not work can proceed or if work is delayed due to adverse weather or the effects thereof. The Contractor shall notify the Engineer in writing of any disagreement as to whether or not work can proceed on a given date, within 2 calendar days of that date. The Owner will use the above written notification in determining the number of calendar days for which work was delayed during each month. At the end of each month, if the number of work days for which work was delayed due to adverse weather exceeds that shown in the above schedule, a Change Order will be executed which increases the Contract Time. The number of work days delayed due to adverse weather or the impact thereof will then be converted to Calendar Days based on the contract completion day and date. This conversion assumes a 5-day work week, Mondays through Fridays, holidays excepted; should the Contractor have authorization to work weekends and/or holidays, and then the method of conversion of workdays to calendar days would take this into consideration. The contract time period will then be increased by the number of calendar days calculated above and a new contract completion day and date will be set. C_ REVISION OF SECTION 108 PROSECUTION AND PROGRESS The Contractor's schedule must reflect the above -anticipated adverse weather delays on all weather - dependent activities. While extensions of time shall be granted for "unusually severe" weather or climate conditions, the Owner shall make no monetary compensation for any costs to the Contractor arising out of such delays. The Contractor shall comply with the portions of the Contract Documents relating to his project schedule and amendments thereto which result from the "unusually severe" weather condition. Breakdowns in equipment or lack of performance by the Contractor will not be considered justification for an extension of time. Liquidated damages will be assessed as delineated elsewhere. The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following, and the Contractor has promptly given written notice of such delay to the Owner or Engineer. To any preference, priority, or allocation order duly issued by the Owner. To unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather as provided above. To any delays of Subcontractors occasioned by any of the causes specified in paragraphs and 2, above. REVISION OF SECTION 108 LIMITATION OF OPERATIONS Section 108 of the Standard Specifications is herebv revised as follows: Subsection 108.05 shall include the followine: Work Hours: Work hours are 7 AM to 6 PM, Monday through Friday. Extended hours and weekend work are anticipated and will be permitted with written approval from the Project Manager. Night time work shall be permitted with written approval from Project Manager. Work shall be permitted on holidays with written approval from the Project Manager. Work requests beyond working hours must be submitted to the Project Manager a minimum of (5) working days prior to the request date. Night and weekend work will be allowed with 5 days prior notice to the Project Manager. All costs associated with nighttime work will be incidental to the work. Demolition work will not be permitted before 7 AM or after 6 PM. Subsection 108.08 shall include the followine: Substantial Completion o Substantial Completion is defined by: ■ All parkways, plantings, rock placements, medians and island construction are complete and in their final locations • All earthwork, irrigation systems, drainage features, art foundations and railings are complete and functioning and in their final locations. ■ Off-peak hour lane closures (9:30 AM to 11:30 AM and 1:30 PM to 3:30 PM) will be permitted for minor work required to reach final completion. o Substantial Completion will be completed by November 16, 2015. In accordance with the "Schedule of Liquidated Damages" in Section 108.09, Liquidated Damages per Calendar Day will be $600.00 per day. Final Completion o Final Completion is defined by: ■ All final grading, clean up, and punch list items completed, and all processing of change orders complete. ■ All project record documents shall be turned over to the owner ■ The work must be ready for final payment and acceptance. ■ Off-peak hour lane closures (9:30 AM to 11:30 AM and 1:30 PM to 3:30 PM) will be permitted for minor work required to reach final completion. Final completion will be within fifteen (15) calendar days of substantial completion date. In accordance with the "Schedule of Liquidated Damages" in Section 108.09, Liquidated Damages per Calendar Day will be $600.00 per day. C Section 207 of the Standard Specifications is hereby revised for this project as follows: MATERIALS 207.02 shall include the following: Wetland topsoil is not required. It is anticipated that there will be a stockpile of topsoil on -site to be used. Topsoil for this project shall be provided as follows: A. Median Topsoil — Imported or on -site topsoil with 3 cu. yds. compost B. Shrub & Perennial Bed Topsoil - Imported or on -site topsoil with 3 cu. yds. compost C. Tree Lawn Topsoil — Imported or on -site topsoil with 3 cu. yds. compost D. Planter Mix Topsoil — Imported topsoil with 3 cu. yds. compost Topsoil - Shall have the following characteristics: A. Imported topsoil or manufactured topsoil from off -site sources. 1. Additional Properties of Imported or Manufactured Topsoil: Screened and free of stones one inch (1") or larger in any dimension; free of roots, plants, sod, clods, clay lumps, pockets of coarse sand, paint, paint washout, concrete slurry, concrete layers or chunks, cement, plaster, building debris, oils, gasoline, diesel fuel, paint thinner, turpentine, tar, roofing compound, acid, and other extraneous materials harmful to plant growth; free of obnoxious weeds and invasive plants including quackgrass, Johnsongrass, poison ivy, nutsedge, nimblewill, Canada thistle, bindweed, bentgrass, wild garlic, ground ivy, perennial sorrel, and bromegrass; not infested with nematodes, grubs, other pests, pest eggs, or other undesirable organisms and disease -causing plant pathogens; friable and with sufficient structure to give good tilth and aeration. Continuous, air -filled, pore - space content on a volume/volume basis shall be at least fifteen (15) percent when moisture is present at field capacity. Soil shall have a field capacity of at least fifteen (15) percent on a dry weight basis. B. Samples for Verification: 1. Soil Analysis: Submit copies of proposed topsoil test results from Colorado State University Soils Laboratory or other approved, accepted, accredited testing agency. Submit copies of cover letter / results with recommendations for supplemental fertilizer applications prior to planting. Topsoil shall be amended with fertilizers, as required, by crop type, in accordance with laboratory Soil Analysis Report to provide satisfactory amended topsoil for planting. See Section 212. Ten (10) days before Notice to Proceed, Contractor shall submit a weed mitigation plan to the Engineer for approval. This plan shall include a graphic time line showing milestone and completion dates of herbicide treatment, topsoil stockpiling and topsoil spreading time lines. Soil Conditioner (Compost) Soil Conditioner / organic amendment shall be Class 1 as defined by the Rocky Mountain Region Organics Council. CONSTRUCTION REQUIREMENTS Subsection 207.03 Topsoil Materials and Depths: A. Median Topsoil — Shall be placed at locations over the new median liner to the compacted depth as described on the drawings. B. Shrub & Perennial Bed Topsoil — Shall be placed at locations over the new subgrade to a minimum depth of 6". C. Tree Lawn Topsoil - Shall be placed at locations over the new subgrade to a minimum depth of 6". D. Planter Mix Topsoil - Shall be placed within the planters as described in the detail on the drawings. Soil and Finished Grade Preparation A. Sub -grades: Loosen sub -grade to a minimum depth o£ 1. Tree Lawn Topsoil - Six -inches (6") over existing subgrade. Remove stones and clods larger than one -inch (l ") in any dimension and sticks, roots, rubbish, and other extraneous matter and legally dispose of them off Owner's property. Repeat cultivation in areas where equipment, used for hauling and spreading topsoil, has re -compacted subsoil. Owner's Representative shall be notified if this cannot occur due to existing conditions. B. Finish / Fine Grading: Grade disturbed planting areas to a smooth, uniform surface plane with loose, uniformly fine texture. Grade to within plus or minus one-half (1/2) inch of finish elevation. Roll and rake, remove ridges, and fill depressions to meet finish grades. Limit finish grading to areas that can be planted in the immediate future. 1. Reduce elevation of planting soil to allow for soil thickness of sod or aggregate material. 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 C. Moisten prepared tree lawn areas before planting if soil is dry. Water thoroughly and allow surface to dry before planting. Do not create muddy soil. D. Before planting, restore areas if eroded or otherwise disturbed after finish grading. METHOD OF MEASUREMENT Subsection 207.04 - Revise to include the following: BASIS OF PAYMENT Subsection 207.05: The accepted quantities measured as provided above will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Payment will be made under: Pay Item: Top Soil Placement Cubic Yard Pay Unit Payment for topsoil shall include soil loosening, soil procurement, placement, and all soil amendments required to produce satisfactory soil for planting. REVISION OF SECTION 212 SEEDING, FERTILIZER AND SODDING Section 212 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION 212.01 This work consists of soil preparation, application of fertilizer, soil conditioners, or both, and furnishing and placing seed and sod. The work shall be in accordance with the Contract and accepted horticultural practices. 212.02 Seed, Soil Conditioners, Fertilizers, and Sod shall include the following: (a) Soil Conditioners and Fertilizer. Fertilizer: Fertilizer (plant nutrients) shall confonn to the applicable State fertilizer laws. It shall be uniform in composition; dry, and free flowing, and shall be delivered to the site in the original, unopened containers, each bearing the manufacturer's guaranteed analysis. Fertilizer which becomes caked or damaged will not be accepted. 2. Soil Conditioner (Compost): Material shall be A -I Organic, Colorado Compost, or equivalent approved seven (7) days prior to bidding. Compost shall meet the following specifications: A totally organic product (Mountain peat is not acceptable in the amendment) that has been aerobically and naturally processed without the addition of coarse wood chips, in such a manner as to maintain a consistent temperature of 140 degrees Fahrenheit or greater for a period of time sufficient to create the following characteristics, measured by dry weight: Maximum allowable organic matter: 60% Organic matter to nitrogen ratio 25:1 to 30:1 pH: 6.5 to 7.5 Salts: 2.0 to 3.0 mmhos. Less that 40% inorganic matter. Less than 5% soil, dirt, or sand. Maximum particle size of/2" diameter. Eradication of all harmful weed seeds, pathogens, and bacteria. A well decomposed earthy smell (non -offensive). Soil Amendment shall be applied at the rate of 3 cu. yds. / 1,000 s+ft. Compost shall be weed -free, organic compost derived from a variety of feed stocks including agricultural, biosolids, forestry, food, leaf and yard trimmings, manure, tree wood with no substances toxic to plants. Material shall be aerobically composted in a facility permitted by the Colorado Department of Public Health and Environment (CDPHE) to produce or sell compost in accordance with House Bill (HB) 1181. The Contractor shall submit a copy of this permit to the Engineer for approval and the project REVISION OF SECTION 212 SEEDING, FERTILIZER AND SODDING records. The compost shall be tested in accordance with the U.S. Composting Council's Test Methods for Examining of Composting and Compost (TMECC) manual. The compost manufacturer shall be a participating member of in the U.S. Composting Council's Seal of Testing Assurance Program (STA). The Contractor shall provide a participation certificate and test data on a Compost Technical Data Sheet. (b) Sod. Sod shall be nursery gown and 99 percent weed free. Species shall be as shown on the plans. Other sod types may be used only if approved in writing by the Engineer. The one percent allowable weeds shall not include any undesirable perennial or annual grasses or plants defined as noxious by current State statute. Soil thickness of sod cuts shall not be less than'/< inch nor more than I inch. Sod shall be cut in uniform strips with minimum dimensions of 18 inches in width and 48 inches in length. The Contractor shall submit a sample of the sod proposed for use, which shall serve as a standard. Any sod furnished, whether in place or not, that is not up to the standard of the sample may be rejected. Sod that was cut more than 24 hours prior to installation shall not be used. Each load of sod shall be accompanied by a certificate from the grower stating the type of sod and the date and time of cutting. CONSTRUCTION REQUIREMENTS Deleted subsection 212.04 Lawn Grass Seeding 212.05 Sodding, shall include the following: (a) Soil Preparation. Preparatory to sodding, the ground shall be tilled or hand worked into an even and loose sod bed to a depth of 4 inches, and irregularities in the ground surface shall be removed. Sticks, stones, debris, clods, asphalt, concrete, and other material more than 2 inches in any dimension shall be removed. Any depressions or variances from a smooth grade shall be corrected. Areas to be sodded shall be smooth before any sodding is done. (b) Sodding. The sod shall be laid by staggering joints with all edges touching. On slopes, the sod shall run approximately parallel to the slope contours. Where the sod abuts a drop inlet, the subgrade shall be adjusted so that the sod shall be 1 %2 inch below the top of the inlet. Within one hour after the sod is laid and fertilized it shall be watered. After watering the sod shall be permitted to dry to the point where it is still wet enough for effective rolling. It shall then be rolled in two directions with a lawn roller weighing at least 150 pounds. (c) Fertilizing and Soil Conditioning. Prior to laying sod, the 4 inches of subsoil underlying the sod shall be treated by tilling in fertilizer, soil conditioner, or both. The rate of application shall be as designated in the Contract. Fertilizer called for in the soils analysis shall be worked into the top 6 inches of soil at the rate specified in the contract. Biological nutrient, culture or humic acid based material called for on the plans shall be applied uniformly onto the soil surface. Organic REVISION OF SECTION 212 SEEDING, FERTILIZER AND SODDING amendments shall be applied uniformly over the soil surface and incorporated into the top 6 inches of soil. After laying, the sod shall be fertilized with a fertilizer having an available nutrient analysis of 20-10-5 at the rate of 200 pounds per acre. Fertilizer shall not be applied when the application will damage the sod. METHOD OF MEASUREMENT 212.07 shall be revised as follows: The quantity of sod to be measured will be the actual number of square feet, including soil preparation, water, fertilizer, and sod, completed and accepted. The quantity of organic amendment (compost) will be the actual quantity of compost (CY) delivered to the site, as verified by delivery/weight tickets furnished by contractor. The Contractor shall furnish the Engineer with fertilizer analysis and bag weight tickets prior to placing any fertilizer. Sod or fertilizer placed by the Contractor without the Engineer's approval will not be paid for. Measurement for acres will be by slope distances. BASIS OF PAYMENT 212.08 shall include the following: The accepted quantities of soil conditioning and sod will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Payment will be made under: Pay Item Pay Unit Sod Square Foot Soil preparation, water, and fertilizer, incorporated into the seeding sodding or soil conditioning will not be paid for separately but shall be included in the work. Payment for Soil Conditioning (compost) is considered subsidiary to Item 212 Sod and includes delivery of material to the project site, spreading at the application specified rates, and incorporation into the areas to be sodded and seeded, and additional planting areas as indicated on the Drawings. Adjusting or readjusting fertilizing equipment will not be paid for separately but shall be included in the work. REVISION OF SECTION 213 MULCHING Section 213 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION Subsection 213.01 shall be revised as follows: This work consists of furnishing and placing wood mulch in planting beds and plant saucers, cobble mulch in planting beds, furnishing and installing metal landscape border for the separation of planting beds, and furnishing and installing pea -gravel in tree grates in accordance with the Contract or as directed. Mulching for seeded areas shall be accomplished by the hydraulic method using wood cellulose fiber mulch. MATERIALS Subsection 213.02 shall include the following: Mulching (Special) (Medium Bark Mulch). Shredded wood mulch (weed barrier not required) - free from deleterious materials and suitable as a top dressing of trees and shrubs, consisting of the following: Inorganic Mulch (Special) (River Cobble). Clean, washed, round, tan in color, 3" to b" blend. Inorganic Mulch (Special) (Rock Chips). Clean, washed, round, tan in color, 3/4" maximum diameter. Inorganic Mulch (Special) (Buff Sandstone Rip Rap). Clean, washed, angular, tan in color, 4" to 12" blend. Inorganic Mulch (Special) (Buff Sandstone Boulders). Angular, naturally broken buff sandstone boulders, 1/2 — 2 ton each. Inorganic Mulch (Special) (River Rock Boulders). Clean, washed, round, buff to brown in color, 1/4 —1 ton each. Landscape Weed Barrier Fabric. Materials for weed barrier shall be a non -woven geotextile material suitable for this purpose such as Miraft 140, Typar 3341, or Polyspun 300 or approved equivalent. Submit brand name and model number/name of proposed weed barrier to be used. Metal Landscape Border. The metal landscape border shall consist of a strip of metal 4" tall with roll-top edge, such as steel conforming to ASTM A 1011 or approved equal. CONSTRUCTION REQUIREMENTS Subsection 213.03 shall include the following: Mulching (Special) (Shredded Wood Mulch). Prior to placing mulch and planting in mulch beds, apply Roundup herbicide to weeds and allow beds to sit for seven (7) days. Place wood mulch in shrub beds and tree planting rings in turf areas. Place mulch to a four -inch (4") depth. Gently REVISION OF SECTION 213 MULCHING brush mulch off of shrubs once installed. Take care in placement not to damage newly planted materials. Do not place mulch directly against stem of plants. Inorganic Mulch (Special) (Type 1 Rock Mulch). This mix contains 75% Rock Chips (3/4" Rock Chips) and 25% River Cobble (3"-6" Blend) Place river cobble over finish grade first, then overlay Rock Chips to a three-inch minimum depth in locations indicated on the drawings. Do not place mulch directly against stem of plants. Inorganic Mulch (Special) (Type 2 Rock Mulch) This mix contains 50% River Cobble (3"-6" Blend) and 50% Buff Sandstone Rip Rap (4"-l2" Blend) Place Rip Rap over weed barrier fabric on finish grade first, then overlay River Cobble to a three-inch minimum depth in locations indicated on the drawings. Do not place mulch directly against stern of plants. Inorganic Mulch (Special) (Buff Sandstone Boulders). Place boulders before laying weed barrier fabric or placing mulch. Bury boulder minimum 6" into grade. Inorganic Mulch (Special) (River Rock Boulders). Place boulders before laying weed barrier fabric or placing mulch. Bury boulder minimum 1/3 into grade. Landscape Weed Barrier Fabric. Weed barrier shall be installed in areas where River Cobble and Rock Chips are placed. Where individual weed barrier sheets abut they shall overlap a minimum of four -inches (4") and be secured with 11 gauge, six-inch (6") long staples at 181, inches O.C. along the joint. Metal Landscape Border. Metal Landscape border shall be installed along the lines and at the grades shown on the plans by an approved method that will not damage the border. Ends of metal landscape border shall overlap the next adjacent section a minimum of 6 inches. Metal landscape border shall be anchored with wire tie -downs at intervals of approximately 2 feet. Wire tie -downs shall be 9 gage wire at least 14 inches long. Metal landscape border shall be inserted into the ground by driving against the wire tiedowns; ground may be moistened to ease entrance into the ground. Driving on edge of metal landscape border will not be permitted except when the edge is properly shielded. Metal landscape border may be bent for sharp angles, and overlapped at closure of perimeter. Subsection 213.04 shall include the following: The quantity of weed barrier, wood mulch and inorganic mulch will not be measured but shall be the quantity designated in the Contract, except measurements will be made for revisions requested by the Engineer, or for discrepancies of plus of minus five percent (5%) of the total quantity designated in the Contract. Subsection 213.05 shall include the following: Payment will be made under: Pav Item Mulching (Special) (Medium Bark Mulch) Cubic Yard REVISION OF SECTION 213 MULCHING Inorganic Mulch (Special) (River Cobble) Ton Inorganic Mulch (Special) (Rock Chips) Ton Inorganic Mulch (Special) (Buff Sandstone Rip Rap) Ton Inorganic Mulch (Special) (Buff Sandstone Boulders) Ton Inorganic Mulch (Special) (River Rock Boulders) Ton Landscape Weed Barrier Fabric Square Yard Metal Landscape Border (4" roll top) Linear Foot REVISION OF SECTION 214 PLANTING Section 214 of the Standard Specifications is hereby revised for this project as follows: Subsection 214.01 shall be revised as follows: This work consists of furnishing and planting trees, shrubs, and other plant material, hereinafter referred to as "plants". The work also consists of a Landscape Maintenance Period. See Section 213 for wood mulch, inorganic mulch and weed barrier fabric. Subsection 214.02 shall include the following: Plant List. A plant list is provided on the drawings. Quantities shown on the list are for information only. Contractor shall be responsible for verifying quantity takeoffs as shown on the drawings. In the event of a discrepancy between quantities shown on the plant list and quantities depicted on the plans, the quantities depicted on the plans shall govern. Guying and Staking. Material includes 14AWG wire with 1/2" dia. x12" long PVC sleeves and stake protection cap per each metal stake. In Subsection 214.04 - Delete the first paragraph and item (a) and replace them with the following: The Contractor shall be responsible for the following: The Landscape Establishment Period begins upon receipt of the written "Notice of Substantial Landscape Completion" from the Engineer. Substantial Landscape Completion occurs when all plant materials in the Contract have been planted and all work under Sections 212, 213, 214 and 623 has been performed, except for the Section 214 pay item, Landscape Maintenance. If the Notice of Substantial Landscape Completion is issued during the spring planting season, the Landscape Establishment Period begins immediately and lasts for a period of 24 months. If the Notice of Substantial Landscape Completion is issued at any other time, the Landscape Establishment Period begins at the start of the next spring planting season and lasts for a period of 24 months. After planting on the project is complete, a plant inspection shall be held including the Contractor, Owner and the Landscape Architect to determine acceptability of plant material. During inspection, an inventory of rejected material will be made, and corrective and necessary cleanup measures will be determined. From the time of installation, during construction, and throughout the Landscape Establishment Period, the Contractor shall maintain all plant material, sodded and seeded areas in a healthy and vigorous growing condition, and ensure the successful establishment of vegetation. During the Landscape Establishment Period, the Contractor shall water, cultivate, and prune the plants, and repair, replace or readjust guy material. The Contractor shall also remove weeds from plant beds REVISION OF SECTION 214 PLANTING and saucers and maintain specified depths of mulching material throughout the year and as directed by the City. The contractor will fertilize via a root feeder during the spring of each growing season. Dead, dying or rejected material shall be removed each month during the Landscape Establishment Period as directed. Plant replacement shall be performed during the spring planting seasons at the beginning and end of the Landscape Establishment Period. Plant replacement stock shall be planted in accordance with the Contract and is subject to all requirements specified for the original material. Plant replacement shall be at the Contractor's expense. Subsection 214.04 Delete paragraphs 5. and 6. and replace with the following: The trees planted by the Contractor shall be watered minimally twice per month at the rate of twenty (20) gallons per tree per watering for the months May through October during the Landscape Establishment Period, or as needed, and the trees shall also be watered once per month at the rate of twenty (20) gallons per tree for the months November through April during the Landscape Establishment Period, or as needed. The shrubs, grasses and perennials planted by the Contractor shall be watered minimally twice per month at the rate of two (2) gallons per shrub per watering event for the months May through October during the Landscape Establishment Period, or as needed, and the shrubs, grasses and perennials shall also be watered once per month at the rate of two (2) gallons per plant for the months November through April during the Landscape Establishment Period, or as needed. METHOD OF MEASUREMENT Subsection 214.05 shall include the following: Soil material for tree, shrub, ornamental grass backfill mix, guy, webbing, tree stakes, protective caps and PVC pipe sleeve and wrap for trees, tree pruning, will not be measured and paid for separately but shall be included in the work. Subsection 214.06: Delete the fifth paragraph and replace with the following - Water used for the Landscape Establishment Period will not be measured and paid or separately but shall be included in the work. Watering of trees and shrubs after receipt of the Notice of Substantial Landscape Completion will not be measured and paid for separately but shall be included in the work. The first watering during the planting of trees and shrubs will not be paid for separately, but shall be included in the price of the work. All water used to meet contract requirements will not be measured and paid for separately but shall be included in the work. Subsection 214.06: Delete the seventh paragraph including item (1) and (2), and the last paragraph of the subsection. Payment will be made under: Deciduous Tree (2" caliper) Each Shrub (5 Gallon Container) Each Ornamental Grass (I Gallon Container) Each Perennial (I Gallon Container) Each Landscape Maintenance (24 months) Lump Sum 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 deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. REVISION OF SECTION 605 BIORETENTION SAND MEDIA Section 605 of the Standard Specifications is hereby revised for this project as follows: Subsection 605.01 shall include the following: This work consists of installing bioretention sand media, including pea gravel, as permanent water quality treatment, in accordance with these specifications and in accordance with the lines and grades shown in the plans. Subsection 605.02 shall include the following: Materials for bioretention sand media shall meet the following requirements: A. Bioretention Sand Media (BSM) shall be uniformly mixed, uncompacted, free of stones, stumps, roots, or other similar objects larger than two inches. No other materials or substances shall be mixed or dumped within the bioretention area that may be harmful to plant growth or prove a hindrance to the facility's function and maintenance. B. BSM shall be free of plant or seed material of non-native, invasive species, or weeds. C. Fully mixed BSM shall be tested prior to installation and meet the following criteria: 1. P-Index of less than 30 2. pH of 5.5-6.5. Should pH fall outside of the acceptable range, it may be modified with lime (to raise) or iron sulfate plus sulfur (to lower). The lime or iron sulfate must be mixed uniformly into the BSM prior to use in the bioretention facility. 3. Cation Exchange Capacity (CEC) greater than 10 4. Phosphorous (Phosphate, P205) not to exceed 69 ppm 5. BSM that fails to meet the minimum requirements shall be replaced at the Contractor's expense. D. BSM shall be delivered fully mixed in a drum mixer. Onsite mixing of piles will not be allowed. Mixing of the BSM to a homogeneous consistency shall be done to the satisfaction of the Owner. E. BSM shall contain the following individual materials: 1. Sand - BSM shall consist of 60-70% sand by volume meeting ASTM C-33. 2. Shredded Paper - BSM shall consist of 5-10% shredded paper by volume. i. Shredded paper shall be loosely packed, approximate bulk density of 50-100 lbs/CY. ii. Shredded paper shall consist of loose leaf paper, not shredded phone books, and shall be thoroughly and mechanically mixed to prevent clumping. 3. Topsoil - BSM shall consist of 5-10% topsoil by volume. i. Topsoil shall be classified as sandy loam, loamy sand, or loam per USDA textural triangle with less than 5% clay material. ii. Onsite, native material shall not be used as topsoil. iii. Textural analysis shall be performed on topsoil, preferably at its source, prior to including topsoil in the mix. Topsoil shall be free of subsoil, debris, weeds, foreign matter, and any other material deleterious to plant health. iv. Topsoil shall have a pH range of 5.5 to 7.5 and moisture content between 25-55%. v. Contractor shall certify that topsoil meets these specifications. 4. Leaf Compost - BSM shall consist of 10-20% leaf compost by volume. i. Leaf compost shall consist of Class 1 organic leaf compost consisting of aged leaf mulch resulting from biological degradation and transformation of plant -derived materials under controlled conditions designed to promote aerobic decomposition. ii. The material shall be well composted, free of viable weed seeds and contain material of a generally humus nature capable of sustaining growth of vegetation, with no materials toxic to plant growth. iii. Compost shall be provided by a local US Composting Council Seal of Testing Assurance (STA) member. A copy of the provider's most recent independent STA test report shall be submitted to and approved by the Owner prior to delivery of BSM to the project site. iv. Compost material shall also meet the following criteria: a. 100 percent of the material shall pass through a 1/2 inch screen b. PH of the material shall be between 6.0 and 8.4 c. Moisture content shall be between 35 and 50 percent d. Maturity greater than 80 percent (maturity indicator expressed as percentage of germination/vigor, 80+/80+) e. Maturity indicator expressed as Carbon to Nitrogen ration < 12 f. Maturity indicator expressed as AmmoniaN/NitrateN Ratio <4 g. Minimum organic matter shall be 40 percent dry weight basis h. Soluble salt content shall be no greater than 5500 parts per million or 0-5 mmhos/cm i. Phosphorus content shall be no greater than 325 parts per million j. Heavy metals (trace) shall not exceed 0.5 parts per million k. Chemical contaminants: meet or exceed US EPA Class A standard, 40 CFR 503.13, Tables 1 & 3 levels 1. Pathogens: meet or exceed US EPA Class A standard, 40 CFR 503.32(a) levels Pea gravel shall be clean and graded, washed river run gravel, ASTM C33, size no. 7. Pea gravel shall be free of plant material. Subsection 605.05 shall include the following: Pea gravel shall be placed to the thickness shown in the plans, without compaction. BSM shall be spread in even layers, not to exceed 9 inches in depth. BSM shall not be compacted. Subsection 605.07 shall include the following: Bioretention Sand Media will be measured by the square foot of material installed and accepted, including the pea gravel, aggregate base, and sand layer. Subsection 605.08 shall include the following: Payment will be made under: Pay Item Pay Unit Surface Sand Filter LF Payment shall be full compensation for all work and materials required to complete the bioretention sand media including REVISIONS OF SECTION 623 IRRIGATION SYSTEM Section 623 of the Standard Specifications is hereby revised for this project as follows: Subsection 623.04 shall include the following: Contractor shall install a Rain Bird ESP-LXD-LMM-LXMMPED W/IQ NCC-GP Control system as specified in the irrigation plans & details per City of Fort Collins standards. Coordinate with City of Fort Collins as required. Attach wire markers to the ends of control wires inside the controller unit housing. Label wires with the identification number (see drawings) of the remote control valve to which the control wire is connected. Subsection 623.09 shall include the following: The irrigation dripline shall have factory installed pressure -compensating, inline emitters installed every 12-24 inches. The flow rate from each installed inline emitter shall be 0.26, 0.4, 0.6 or 0.9 gallons per hour when inlet pressure is between 8.5 & 60 psi. The inline diaphragm shall have a pressure regulating diaphragm with a spring action allow it to self -rise if there is a plug at the outlet hole. The bend radius shall be 3-inches whether bending the tubing with the bend of the coil or against it. The inlet shall be raised off the inside tube wall to minimize dirt intrusion. Subsection 623.10 shall include the following: Plastic and Copper water lines listed below shall be paid for under section 619. Subsection 623.10 (a) shall include the following: Identify all pipe with the following indelible markings: (a) Manufacturer's Name. (b) Nominal pipe size. (c) Schedule of class. (d) Pressure rating (e) NSF (National Sanitation Foundation) seal of approval. (f) Date of extrusion. Delete subsection 623.10 (b) and replace with the following: (b) Lateral Line Pipe. Lateral line pipe shall be Class 200 PVC manufactured from virgin polyvinyl chloride (PVC) compound in accordance with ASTM standards D2241 and D1784, cell classification 12454-B, Type I, Grade I. Fittings shall be standards weight Schedule 40 injection molded PVC conforming to ASTM D1784 and D2466, cell classification 12454-B. Subsection 623.10 (c) replace with the following: Drip irrigation laterals to pots, use UV radiation resistant polyethylene pipe manufactured from Prime Union Carbide G-resin 7510 Natural 7 manufactured by Union Carbide or a Union Carbide Licensee with a minimum of 2% carbon black, and minimum nominal pipe ID dimension of 0.810" for 3/4 inch pipe, or approved equal. Delete Subsections 623.10 (d), and 623.10 (e). Subsection 623.10 shall include the following: (f) Copper pipe: Pressure supply line from point -of -connection through backflow preventer shall be Type "K" rigid conforming to ASTM Standard B88. Use wrought copper or cast bronze fittings, soldered or threaded per the installation details. Use a 95% tin and 5% antimony solder. (g) Joint Cement and Primer —Weldon P-70 Primer and Weldon 711 Gray Glue or Weldon 725 Wet and Dry Glue will be allowed, or approved equal. (h) Irrigation Roadway and sidewalk sleeves. Lateral line pipe shall be Class 200 PVC manufactured from virgin polyvinyl chloride (PVC) compound in accordance with ASTM standards D2241 and D1784, cell classification 12454-B, Type 1, Grade 1. Delete Subsections 623.1 (c), 623.11 (d), and 623.11 (e). Delete Subsection 623.11 (f) and replace with the following: (f) Mainline Isolation Valves. Gate valves for 3/4-inch through 2-1/2-inch Pipe — Brass construction; solid wedge, IPS threads, and non -rising stem with square operating nut. Delete Subsection 623.13. Subsection 623.23 First Sentence shall read as follows: "After installation of...for leaks after a minimum 120 PSI static pressure ... for four hours in a hydro static test." Subsection 623.23 shall include the following: The contractor shall conduct pressure tests in the presence of the Engineer or Engineer's representative. The Contractor shall give 72 hour notice prior to testing. The test is acceptable if no loss of pressure is evident during the test period. The Contractor shall retest system until test pressure can be maintained for the duration of the test. Subsection 623.26 shall include the following: The Contractor shall provide a valve sequencing chart for each automatic controller installed. Charts shall not be prepared until as-builts plans have been approved by the Engineer. Charts shall be installed on the automatic controller door with photo reduction prints of the as-builts plans. Reduction prints shall be kept to the largest size possible to retain full legibility. A readable print of the as -built plans shall be provided showing the area covered by the automatic controller. The area of coverage of each control valve shall be identified using a distinctly different pastel color, drain over the entire area of coverage. In Subsection 623.30, second paragraph, delete item (4) and replace with the following: (4) Two of each Type of Valve box Subsection 623.30 shall include the following: One set of special tools required for removal, disassembling and adjusting each type of sprinkler head and valve installed. Two sets keys for each automatic controller enclosure. In Subsection 623.32, delete the second and third paragraphs. Under Subsection 623.33, add the following items: Payment shall be a lump sum for all irrigation work. The following shall be added to the specifications: PART 1: GENERAL 1.1 SCOPE Furnish all labor, materials, supplies, equipment, tools and transportation, and perform all operations in connection with and reasonably incidental to the complete installation of the irrigation system, and guarantee/warranty as shown on the drawings, the installation details, and as specified herein. Items of work specifically included are: A. Procurement of all applicable licenses, permits, and fees. B. Coordination of Utility Locates ("Call Before You Dig"). C. Verification of existing static pressure. D. Verification of existing available flow rate. E. Connection of electrical power supply to the irrigation control system. F. The contractor is responsible for maintaining all plant material on existing irrigation systems impacted by construction during project. G. Maintenance period. H. Irrigation Warranty I. Sleeving for irrigation pipe and wire. 1.2 WORK NOT INCLUDED Items of work specifically excluded or covered under other sections are: A. Payment of all development, plant investment, or any other fees and permits associated with the purchase and installation of the tap. B. Excavation, installation, and backfill of tap into municipal water line. C. Excavation, installation, and backfill of water meter and vault. D. Provision of electrical power supply to the irrigation control system. 1.3 RELATED WORK A. Division 1 - General Requirements: B. Division 2 - Site Work: 1) Section 02920 - Fine Grading and Soil Preparation. 2) Section 02931 - Seeding. 3) Section 02932 -Sodding. 4) Section 02950 - Trees, Plants and Ground Cover. 1.4 SUBMITTALS A. Submit samples under provisions of contract documents. B. Deliver four (4) copies of all required submittals to the Owners' Representative within 15 days from the date of Notice to Proceed. C. Materials List: Include pipe, fittings, mainline components, water emission components, control system components. Quantities of materials need not be included. D. Manufacturers' Data: Submit manufacturers' catalog cuts, specifications, and operating instructions for equipment shown on the materials list. E. Shop Drawings: Submit shop drawings called for in the installation details. Show products required for proper installation, their relative locations, and critical dimensions. Note modifications to the installation detail. F. Project Record Drawings: Submit project record (as -built) drawings to Owner prior to commencement of maintenance period. 1.5 RULES AND REGULATIONS A. Work and materials shall be in accordance with the latest edition of the National Electric Code, the Uniform Plumbing Code as published by the Western Plumbing Officials Association, and applicable laws and regulations of the governing authorities. B. When the contract documents call for materials or construction of a better quality or larger size than required by the above -mentioned rules and regulations, provide the quality and size required by the contract documents. 0 C. If quantities are provided either in these specifications or on the drawings, these quantities are provided for information only. It is the Contractor's responsibility to determine the actual quantities of all material, equipment, and supplies required by the project and to complete an independent estimate of quantities and wastage. 1.6 TESTING A. Notify the Owners' Representative three days in advance of testing. B. Pipelines jointed with rubber gaskets or threaded connections may be subjected to a pressure test at any time after partial completion of backfill. Pipelines jointed with solvent -welded PVC joints shall be allowed to cure at least 24 hours before testing. C. Subsections of mainline pipe may be tested independently, subject to the review of the Owners' Representative. D. Furnish clean, clear water, pumps, labor, fittings, and equipment necessary to conduct tests or retests. E. Hydrostatic Pressure Test: 1) Subject mainline pipe to a hydrostatic pressure equal to 120 PSI for two hours. Test with mainline components installed. A 2 PSI pressure variation is allowed. 2) Backfill to prevent pipe from moving under pressure. Expose couplings and fittings. 3) Leakage will be detected by visual inspection. Replace defective pipe, fitting, joint, valve, or appurtenance. Repeat the test until the pipe passes test. a. Cement or caulking to seal leaks is prohibited. F. Operational Test: 1) Activate each remote control valve in sequence from controller. The Owners' Representative will visually observe operation, water application patterns, and leakage. 2) Replace defective remote control valve, solenoid, wiring, or appurtenance to correct operational deficiencies. 3) Replace, adjust, or move water emission devices to correct operational or coverage deficiencies. 4) Replace defective pipe, fitting, joint, valve, sprinkler, or appurtenance to correct leakage problems. Cement or caulking to seal leaks is prohibited. 5) Repeat test(s) until each lateral passes all tests. G. Signal Wire: 1) Test for leaks to ground per manufacturer's recommendations. Test results must meet or exceed manufacturer's guidelines for acceptance. 2) Replace defective wire, underground splices, or appurtenances. Repeat the test until the manufacturer's guidelines are met. 1.7 CONSTRUCTION REVIEW The purpose of on -site reviews by the Owners' Representative is to periodically observe the work in progress and the Contractor's interpretation of the construction documents and to address questions with regards to the installation. A. Scheduled reviews such as those for irrigation system layout or testing should be scheduled with the Owners' Representative as required by these specifications. B. Impromptu reviews may occur at any time during the project. C. Final review will occur at the completion of the irrigation system installation and Record (As- Built) Drawing submittal. 1.8 GUARANTEE/WARRANTY AND REPLACEMENT The purpose of this guarantee/warranty is to insure that the Owner receives irrigation materials of prime quality, installed and maintained in a thorough and careful manner. A. For a period of two years from commencement of the formal maintenance period, guarantee/warranty irrigation materials, equipment, and workmanship against defects. Fill and repair depressions. Restore landscape or structural features damaged by the settlement of irrigation trenches or excavations. Repair damage to the premises caused by a defective item. Make repairs within seven days of notification from the Owners' Representative. B. Contract documents govern replacements identically as with new work. Make replacements at no additional cost to the contract price. C. Guarantee/warranty applies to originally installed materials and equipment and replacements made during the guarantee/warranty period. PART 2: MATERIALS 2.1 QUALITY Use materials which are new and without flaws or defects of any type, and which are the best of their class and kind. 2.2 SUBSTITUTIONS Pipe sizes referenced in the construction documents are minimum sizes, and may be increased at the option of the Contractor. 2.3 SLEEVING A. Install separate sleeve beneath paved areas to route each run of irrigation pipe or wiring bundle. B. Sleeving material beneath pedestrian pavements shall be PVC Class 200 pipe with solvent welded joints. • C. Sleeving beneath drives and streets shall be PVC Class 200 pipe with solvent welded joints. D. Sleeving diameter: as indicated on the drawings and installation details or equal to twice that of the pipe or wiring bundle. 2.4 PIPE AND FITTINGS A. Mainline Pipe and Fittings: 1) Use rigid, unplasticized polyvinyl chloride (PVC) 1120, 1220 National Sanitation Foundation (NSF) approved pipe, extruded from material meeting the requirements of Cell Classification 12454-A or 12454-B, ASTM Standard D1784, with an integral belled end. 2) Use Class 200, SDR-21, rated at 200 PSI, conforming to the dimensions and tolerances established by ASTM Standard D2241. Use PVC pipe rated at higher pressures than Class 200 in the case of small nominal diameters which are not manufactured in Class 200. a. Use solvent weld pipe for mainline pipe with a nominal diameter less than 3-inches or where a pipe connection occurs in a sleeve. Use Schedule 40, Type 1, PVC solvent weld fittings conforming to ASTM Standards D2466 and D1784. Use primer approved by the pipe manufacturer. Solvent cement to conform to ASTM Standard D2564. B. Lateral Pipe and Fittings: 1) For drip irrigation laterals, use UV radiation resistant polyethylene pipe manufactured from Prime Union Carbide G-resin 7510 Natural 7 manufactured by Union Carbide or a Union Carbide Licensee with a minimum of 2% carbon black, and minimum nominal pipe ID dimension of 0.810" for 3/4 inch pipe, or approved equal Use PVC/compression line fittings compatible with the drip lateral pipe. C. Specialized Pipe and Fittings: 1) Assemblies calling for pre -fabricated double swing joints shall utilize LASCO Unitized swing joints or approved equal. Swing joints shall be rated at 315 psi, and use O-ring and street elbow construction. 2) Low Density Polyethylene Hose: a. Use pipe specifically intended for use as a flexible swing joint. Inside diameter: 0.490+0.010 inch. Wall thickness: 0.100+0.010 inch. Color: Black. b. Use spiral barb fittings supplied by the same manufacturer as the hose. 3) Assemblies calling for threaded pipe connections shall utilize PVC Schedule 80 nipples and PVC Schedule 80 threaded fittings. 4) Joint sealant: 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 Use only Teflon -type tape pipe joint sealant on plastic threads. Use non -hardening, nontoxic pipe joint sealant formulated for use on water -carrying pipes on metal threaded connections. D. Marking Tape: 1) Mainline Pipe -Christy underground I.D. tape TA-DT-12-P-NPW, or approved equal. 2.5 MAINLINE COMPONENTS A. Main System Shutoff Valve: As per local practice and in compliance with local code, or approved equal. B. Winterization Assembly: As per local practice and in compliance with local code, or approved equal. C. Backflow Prevention Assembly: As presented in the installation details. D. Master Valve Assembly: As presented in the installation details. E. Isolation Gate Valve Assembly: As presented in the installation details. Install a separate valve box over a 3-inch depth of 3/4-inch gravel for each assembly. F. Quick Coupling Valve Assembly: Double swing joint arrangement as presented in the installation details. 2.6 DRIP IRRIGATION COMPONENTS A. Remote Control Valve (RCV) Assembly for Drip Laterals: As presented in the installation details. Use wire connectors and waterproofing sealant to join control wires to solenoid valves. Use standard Christy I.D. tags with hot -stamped black characters on a yellow background. Install a separate valve box over a 3-inch depth of 3/4-inch gravel for each assembly. Adjust flow control per manufacturer's recommendations prior to use. B. Drip Emitter Assembly: 1) Barb -mounted, vortex and/or pressure compensating emitter device as presented in the installation details. The device shall be Rain Bird Xeri-bug XB-10-PC series. 2) Install emitter types and quantities on the following schedule: a. Ground cover plant: 1 single outlet emitter each or 1 single outlet emitter per square foot of planting area, whichever is less. b. Shrub: 2 single outlet emitters each. c. Tree: 4 single outlet emitters each or I multi -outlet emitter each (with 4 outlets open). 3) Use 1/4-inch diameter flexible plastic tubing to direct water from emitter outlet to emission point. Length of emitter outlet tubing shall not exceed five feet. Secure emitter outlet tubing with tubing stakes. • C. Flush Cap Assembly: As presented in the installation details or approved equal. Locate at the end of each drip irrigation lateral pipe. Install a separate valve box over a 3-inch depth of 3/4- inch gravel for each assembly. D. Operation Indicator Assembly: As presented in the installation details. Locate at the end(s) of each drip valve run in a conspicuous place to confirm operation of drip zone. Stake securely to keep upright and visible when operating. 2.7 CONTROL SYSTEM COMPONENTS A. Irrigation Controller Unit: 1) As presented in the drawings and installation details, no approved equal 2) Primary surge protection arrestors: Model LPP-K, manufactured by Rain Bird Sprinkler Manufacturing Corporation, Glendora, California. 3) Valve output surge protection arrestors: Model LPV-K, manufactured by Rain Bird Sprinkler Manufacturing Corporation, Glendora, California. 4) Lightning protection: 8-foot copper -clad grounding rod. S) Wire markers: Pre -numbered or labeled with indelible non -fading ink, made of permanent, non -fading material. B. Instrumentation: 1) As presented in the drawings and installation details. 2) Rain Sensor: RSD-CEx as manufactured by Rain Bird. 3) Flow Sensor: Per Legend as manufactured by Rain Bird. C. Control Wire: 1) Use #14 AWG wires for signal to valves, or approved equal. Install per Rain Bird specifications 2) Splices: Use wire connector with waterproof sealant. Wire connector to be of plastic construction consisting of two (2) pieces, one piece which snap locks into the other, 3M DBY-6, King DBYN-600, Blazing BVS, or approved equal. 3) Encase wiring not located near PVC irrigation pipe in PVC Schedule 40 electrical conduit. 4) Warning tape: Inert plastic film highly resistant to alkalis, acids, or other destructive chemical components likely to be encountered in soils. Three inches wide, colored yellow, and imprinted with "CAUTION: BURIED ELECTRIC LINE BELOW." 2.8 OTHER COMPONENTS A. Tools and Spare Parts: Provide operating keys, servicing tools, test equipment, other items, and spare parts indicated in the General Notes of the drawings. PART 3: EXECUTION 3.1 INSPECTIONS AND REVIEWS A. Site Inspections: 1) Verify site conditions and note irregularities affecting work of this section. Report irregularities to the Owners' Representative prior to beginning work. 2) Beginning work of this section implies acceptance of existing conditions. 3) Contractor will be held responsible for coordination between landscape and irrigation system installation. 4) Landscape material locations shown on the Landscape Plan shall take precedence over the irrigation system equipment locations. If irrigation equipment is installed in conflict with the landscape material locations shown on the Landscape Plan, the Contractor will be required to relocate the irrigation equipment, as necessary, at Contractor's expense. B. Utility Locates ("Call Before You Dig"): 1) Arrange for and coordinate with local authorities the location of all underground utilities. 2) Repair any underground utilities damaged during construction. Make repairs at no additional cost to the contract price. C. Irri atg ion System Layout Review: Irrigation system layout review will occur after the staking has been completed. Notify the Owners' Representative two days in advance of review. Modifications will be identified by the Owners' Representative at this review. 3.2 LAYOUT OF WORK A. Stake out the irrigation system. Items staked include: sprinklers, pipe, control valves, manual drains, controller, and isolation valves. B. Install all mainline pipe and mainline components inside of project property lines. 3.3 EXCAVATION, TRENCHING, AND BACKFILLING A. Excavate to permit the pipes to be laid at the intended elevations and to permit work space for installing connections and fittings. B. Minimum cover (distance from top of pipe or control wire to finish grade): 1) 24-inch over mainline pipe and over electrical conduit. 2) 26-inch over control wire. 3) 18-inch over lateral pipe to sprinklers and bubblers. 4) 8-inch over drip lateral pipe in turf. 5) 3-inch minimum mulch cover over drip lateral pipe in planting beds downstream of drip system zone control valves. PVC UV radiation resistant lateral pipe shall be installed directly on the soil surface under landscape fabric. C. Backfill only after lines have been reviewed and tested. D. Excavated material is generally satisfactory for backfill. Backfill shall be free from rubbish, vegetable matter, frozen materials, and stones larger than 2-inches in maximum dimension. Remove material not suitable for backfill. Backfill placed next to pipe shall be free of sharp objects which may damage the pipe. Stones larger than 1-inch maximum dimension are not permitted in first (deepest) 6-inches of backfill. E. Backfill unsleeved pipe and sleeves in either of the following manners: 1) Backfill and puddle the lower half of the trench. Allow to dry 24 hours. Backfill the remainder of the trench in 6-inch layers. Compact to density of surrounding soil. 2) Backfill the trench by depositing the backfill material equally on both sides of the pipe in 6- inch layers and compacting to the density of surrounding soil. Enclose pipe and wiring beneath roadways, walks, curbs, etc. in sleeves. Minimum compaction of backfill for sleeves shall be 95% Standard Proctor Density, ASTM D698- 78. Conduct one compaction test for each sleeved crossing. Costs for such testing and any necessary retesting shall be borne by the Contractor. Use of water for compaction around sleeves, "puddling", will not be permitted. G. Dress backfilled areas to original grade. Incorporate excess backfill into existing site grades. Dispose of excess backfill off site. H. Where utilities conflict with irrigation trenching and pipe work, contact the Owners' Representative for trench depth adjustments and alignment. 3.4 SLEEVING AND BORING A. Install sleeving at a depth which permits the encased pipe or wiring to remain at the specified burial depth. B. Extend sleeve ends six inches beyond the edge of the paved surface. Cover pipe ends and mark with stakes. Mark concrete with a chiseled "Z" at sleeve end locations. C. Bore for sleeves under obstructions which cannot be removed. Employ equipment and methods designed for horizontal boring. 3.5 ASSEMBLING PIPE AND FITTINGS A. General: 1) Keep pipe free from dirt and pipe scale. Cut pipe ends square and debur. Clean pipe ends. 2) Keep ends of assembled pipe capped. Remove caps only when necessary to continue assembly. B. Mainline Pipe and Fittings: 1) Use only strap -type friction wrenches for threaded plastic pipe. 2) PVC Solvent Weld Pipe: a. Use primer and solvent cement. Join pipe in a manner recommended by the manufacturer and in accordance with accepted industry practices. b. Cure for 30 minutes before handling and 24 hours before allowing water in pipe. c. Snake pipe from side to side within the trench. 3) Fittings: The use of cross type fittings is not permitted. C. Lateral Pipe and Fittings: 1) Use only strap -type friction wrenches for threaded plastic pipe. 2) UV Radiation Resistant Polyethylene Pipe: a. Join pipe in the manner recommended by manufacturer and in accordance with accepted industry practices. b. Snake pipe from side to side within the trench, on the soil surface, and hold in place with tubing stakes spaced every five feet. 3) Fittings: The use of cross type fittings is not permitted. D. Specialized Pipe and Fittings: 1) Copper Pipe: a. Buff surfaces to be joined to a bright finish. Coat with solder flux. b. Solder so that a continuous bead shows around the joint circumference. 2) Insert a dielectric union wherever a copper -based metal (copper, brass, bronze) and an iron -based metal (iron, galvanized steel, stainless steel) are joined. 3) Pre -fabricated double swing joints: Install per manufacturer's recommendations. 4) Low Density Polyethylene Hose: Install per manufacturer's recommendations. 5) PVC Threaded Connections: a. Use only factory -formed threads. Field -cut threads are not permitted. b. Use only Teflon -type tape. c. When connection is plastic -to -metal, the plastic component shall have male threads and the metal component shall have female threads. 6) Make metal -to -metal, threaded connections with Teflon -type tape applied to the male threads only. 3.6 INSTALLATION OF MAINLINE COMPONENTS A. Main System Shut Off Valve: Install where indicated on the drawings. B. Winterization Assembly: Install where indicated on the drawings. C. Backflow Prevention Assembly: Install where indicated on the drawings. Install assembly so that its elevation, orientation, access, and drainage conform to the manufacturer's recommendations and applicable health codes. D. Master Valve Assembly: Install where indicated on the drawings. E. Isolation Gate Valve Assembly: 1) Install where indicated on the drawings. 2) Locate at least 12-inches from and align with adjacent walls or edges of paved areas. F. Ouick Coupling Valve Assembly: Install where indicated on the drawings. 3.7 INSTALLATION OF DRIP IRRIGATION COMPONENTS A. Remote Control Valve (RCV) Assembly for Drip Laterals: 1) Flush mainline pipe before installing RCV assembly. 2) Locate as shown on the drawings. Wire connectors and waterproof sealant shall be used to connect control wires to remote control valve wires. Connectors and sealant shall be installed as per the manufacturer's recommendations. 3) Install only one RCV to valve box. Locate at least 12-inches from and align with nearby walls or edges of paved areas. Group RCV assemblies together where practical. B. Drip Emitter Assembly: 1) Locate as shown on the drawings and installation details. 2) Flush lateral pipe before installing emitter assembly. 3) Cut emitter outlet distribution tubing square. 4) Use tools and techniques recommended by the manufacturer. Make openings for barb -mounted emitters with the emitter manufacturer's hole - punching tool. C. Flush Can Assembly: Install at the end of each drip irrigation lateral pipe as shown on the installation details. D. Operation Indicator Assembly: Install at the end(s) of each drip valve run in a conspicuous place to confirm operation Stake securely to keep upright and visible when operating. E. Pressure Adjustment Procedure: 1) Determine which emitter has the least outlet pressure; this is the critical emitter. 2) Set discharge pressure of RCV such that the critical vortex emitter has a pressure of 15 PSI + 2 PSI and/or the critical pressure compensating emitter has a pressure of 25 PSI + 5 PSI. Measure with pressure gauge attached to critical emitter. 3) Identify the critical emitter for remaining zone valves. 3.8 INSTALLATION OF CONTROL SYSTEM COMPONENTS A. Irrigation Controller Unit: 1) The location of the controller unit as depicted on the drawings is approximate; the Owners' Representative will determine the exact site location. 2) Enclosure: The control unit pedestal enclosure shall be powder coated to blend in with surroundings. Contact Owner for preferred color of controller pedestal enclosure. 3) Lightning protection: Ground rods are to have a minimum diameter of 5/8" and a minimum length of 10 feet. These are to be driven into the ground in a vertical position or an oblique angle not to exceed 45 degrees at a location 10 feet from the electronic equipment, the ground plate, or the wires and cables connected to said equipment, as shown in the irrigation details. The rod is to be stamped with the UL logo. A 6 AWG solid bare copper wire (about 12 feet long) shall be connected to the ground rod by the installer using a Cadweld GR1161G "One -Shot" welding kit [Paige Electric part number 1820037.] This wire shall be connected to the electronic equipment ground lug as shown in the detail above. 4) Lightning protection: Provide on all remote control valve wiring as recommended by the manufacturer. Provide other components such as ground rod, grounding wire, etc., to manufacturer's recommendations. 5) Install primary surge protection arrestors on incoming power lines. 6) Attach wire markers to the ends of control wires inside the controller unit housing. Label wires with the identification number (see drawings) of the remote control valve to which the control wire is connected. 7) Install a 120-volt, 20 amp switched and grounded 3-prong receptacle with GFCI inside the controller unit housing. 8) Connect control wires to the corresponding controller terminal. B. Instrumentation: 1) Install sensors per the installation details and manufacturer's recommendations. Install at locations shown on the drawings. 2) Install electrical connections between irrigation controller and sensors per manufacturer's recommendations. C. Control Wire: 1) Bundle control wires where two or more are in the same trench. Bundle with pipe wrapping tape spaced at 10-foot intervals. 2) Provide a 24-inch excess length of wire in an -inch diameter loop at each 90 degree change of direction, at both ends of sleeves, and at 100-foot intervals along continuous runs of wiring. Make wiring loop by turning control wire 5 turns around 1-inch pipe. Coil 24-inch length of wire within each remote control valve box. 3) If a control wire must be spliced, make splice with wire connectors and waterproof sealant, installed per the manufacturer's instructions. Locate splice in a valve box which contains an irrigation valve assembly, or in a separate 6-inch round valve box. Use same procedure for connection to valves as for in -line splices. 4) Unless noted on plans, install wire parallel with and under PVC mainline pipe. If wire is installed adjacent to section of metal pipe, separate wire from pipe minimum of 6-inches and install wire in PVC conduit. 5) Encase wire not installed with PVC mainline pipe in electrical conduit. 3.9 INSTALLATION OF OTHER COMPONENTS A. Tools and Spare Parts: 1) Prior to the Pre -Maintenance Review, supply to the Owner operating keys, servicing tools, test equipment, and any other items indicated on the drawings. 2) Prior to Final Review, supply to the Owner the spare parts indicated in the General Notes on the drawings. Other Materials: Install other materials or equipment shown on the drawings or installation details to be part of the irrigation system, even though such items may not have been referenced in these specifications. 3.10 PROJECT RECORD (AS -BUILT) DRAWINGS A. Maintain on -site and separate from documents used for construction, one complete set of contract documents as Project Documents. Keep documents current. Do not permanently cover work until as -built information is recorded. B. Record pipe and wiring network alterations. Record work which is installed differently than shown on the construction drawings. Record accurate reference dimensions, measured from at least two permanent reference points, of each irrigation system valve, each backflow prevention device, each controller or control unit, each sleeve end, each stub -out for future pipe or wiring connections, and other irrigation components enclosed within a valve box. C. Prior to Final Review, purchase from the Owners' Representative a electronic copy of the drawings. Duplicate information contained on the project drawings maintained on site. Label each sheet "Record Drawing". Completion of the Record Drawings will be a prerequisite for the Final Review. 3.11 MAINTENANCE A. Upon completion of Final Review, maintain irrigation system for a duration of 30 calendar days. Make periodic examinations and adjustments to irrigation system components so as to achieve the most desirable application of water. B. Contractor shall set up and attend at least one meeting with the City and final Operator (if different than the City) of the system to turn over current as -built drawings, extra equipment, tools, irrigation schedules and information needed for the proper operation of the irrigation system. The City and final Operator(if different than the City) may request a second meeting before the maintenance period is over to resolve any questions and issues that arise. The initial meeting shall occur no later than seven (7) days into the maintenance period. i C. Following completion of the Contractor's maintenance period, the Owner will be responsible for maintaining the system in working order during the remainder of the guarantee/warranty period, for performing necessary minor maintenance, for trimming around sprinklers, for protecting against vandalism, and for preventing damage during the landscape maintenance operation. 3.12 IRRIGATION WARRANTY A. Contractor is responsible to make sure the system is fully functional from Notice to Proceed until Final Acceptance, including while the project is under construction. This responsibility shall remain intact through Final Acceptance. Final Acceptance cannot occur between October and May, Final Acceptance of the irrigation system cannot occur until the complete system can be tested and verified. 3.13 CLEAN-UP A. Upon completion of work, remove from the site all machinery, tools, excess materials, and rubbish. REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630.01 shall include the followine: All devices, signs, and temporary safety fencing (both orange plastic and chain link) necessary for the construction zone traffic control shall be included in the lump sum line item "Construction Zone Traffic Control". A Secondary line item for flagging has been included in the project under the line item "Flagging". This line item is intended for flagging for the construction zone traffic control for the project. Subsection 630.10 shall include the following after the first paragraph: The Contractor's Superintendent and all others serving in a similar supervisory capacity shall have completed a CDOT-approved two-day Traffic Control Supervisor training as offered by the CCA. The one -day ATSSA Traffic Control Technician (TCT) training along with the two-day ATSSA Traffic Control Supervisor training will serve as an alternate. If the alternate is chosen, the Contractor shall provide written evidence that at least an 80 percent score was achieved in both of the two training classes. The certifications of completion or certifications of achievement for all appropriate staff shall be submitted to the Engineer at the preconstruction conference. If the Traffic Control Supervisor is replaced during the project, the Engineer shall be given a minimum of one (1) week notice and qualifications shall be submitted for approval of the Traffic Control Supervisor's replacement. Subsection 630.10(a) shall include the following_ For this project, a MET shall be prepared and submitted for approval to the City Traffic Division by 12:00 noon, two working days prior to the commencement of work for simple lane closures. (Note: MHT's for work done on Monday and Tuesday shall be submitted the previous Friday by 9:00 a.m.). Facsimiles of plans shall not be allowed. No phase of the construction shall start until the MHT has been approved. Failure to have an approved MHT shall constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and materials at that location, with no adjustment in the contract time. Subsection 630.14 shall include the followina: Additional flagging requested by others, including City Departments and utility representatives, must be approved by the Engineer prior to performing the work. Subsection 630.16 shall be revised as follows: The Contractor shall supply and pay all costs associated with the traffic control for this project. 23 City of Fort Collins Purchasing ADDENDUM NO. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 8122: Landscaping at Horsetooth & Timberline OPENING DATE: 3:00 PM (Our Clock) May 27, 2015 Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/Purchasing To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed in the following sections of this addendum: Exhibit 1 — Revised Bid Schedule Exhibit 2 — Clarifications & Revisions Exhibit 3 — Revised Drawings Please contact John Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. Addendum 1 - 8122 Landscaping at Horsetooth & Timberline Page 1 of 6 SECTION 00300 BID FORM REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL The accepted quantities will be paid for at the contract unit price for each of the pay items listed below: Pay Item Pay Unit Flagging Hour Construction Zone Traffic Control Lump Sum Individual traffic control devices, labor required to erect and maintain traffic control in accordance with approved MHT's, Traffic Control Supervisor, Traffic Control Management, and Traffic Control Inspection will not be measured and paid for separately, but shall be included in Construction Traffic Control, Lump Sum. The flaggers shall be provided with communication devices (no cell phones) when required. These devices will not be measured and paid for separately, but shall be included in the Work. The cost of batteries, electricity and/or fuel for all lighting or warning devices shall not be paid for separately but shall be considered subsidiary to the item and shall be included in the Work. Sandbags will not be measured and paid for separately, but shall be included in the Work. The Contractor may provide larger construction traffic signs than those typically used in accordance with the MUTCD if approved; however, no additional payment will be made for the larger signs. The City shall not be responsible for any losses or damage due to theft or vandalism. Work Hours: Work hours are 7 AM to 6 PM, Monday through Friday. Extended hours and weekend work are anticipated and will be permitted with written approval from the Project Manager. Night time work shall be permitted with written approval from Project Manager. Work shall be permitted on holidays with written approval from the Project Manager. Work requests beyond working hours must be submitted to the Project Manager a minimum of (5) working days prior to the request date. Night and weekend work will be allowed with 5 days prior notice to the Project Manager. All costs associated with nighttime work will be incidental to the work. Work Zone Phasing: The Contractor shall submit Construction Phasing Plans to the City, for approval, prior to the start of construction. Work must be coordinated and phased in a logical manner with the current roadway contract work. The City will help facilitate coordination with other contractors. The Contractor is required to submit a traffic control plan to the city for approval. See Section 105 for more information regarding lane closures and construction coordination. 24 SECTION 00300 BID FORM PROJECT: 8122 Landscaping at Horsetooth & Timberline Place: Date: In compliance with your Invitation to Bid dated %� , 20_1�and subject to all conditions thereof, the undersigned a (Corporation, timited 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 of o ($ (w 1 in accordance with the Invitation To Bid and Instructions to Bidders. 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: C-AA muoco cuhognq -' 1� Wahk� Youck . i (1I Et K4VWIC,T Cb3�o 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 8122 LANDSCAPING AT HORSETOOTH 8r TIMBERLINE ADDENDUM 1 - REVISED BID SCHEDULE ITEM NO. ITEM DESCRIPTION UNIT QUANTITY UNIT COST COST 203-1 General Labor HOUR 20 $27.00 $ 540.00 203-2 Backhoe HOUR 15 $86.50 $ 1,297.50 207-1 Top Soil Placement CY 348 $29.00 $ 10,092.00 208-1 Erosion Log LNFT 200 $3.90 $ 780.00 212-1 Sod SF 42000 $0.60 $ 26,200.00 213-1 Landscape Weed Barrier Fabric BY 700 $1.35 $ 945.00 213-2 Inorganic Mulch (Special) (3-6" Cobble) TON 35 $104.00 $ 3.640.00 213-3 Inorganic Mulch (Special) (314" Rock Chips) TON 42 $80.50 $ 3,381.00 213-4 Inorganic Mulch (Special) (4112" Buff Rip -Rap Mulch) TON 43 $148.00 $ 6,364.00 2135 Inorganic Mulch (Special) (4112" Mulch for Art Installation) TON 12 $148.00 $ 1,776.00 213-6 Mulching (Special) (Medium Bark Mulch) CY 54 $87.50 $ 4.725.00 213-7 Metal Landscape Border LF 290 $8.10 $ 2,349.00 213-8 Decorative Railing LF 192 $230.00 $ 44.160.00 213-9 Boulders - Buff Sandstone EA 126 $280.00 $ 35,280.00 213-10 Boulders - River Rock FA 161 $44.50 $ 6.719.50 214-1 Deciduous Trees - 2" Caliper FA 47 $450.00 $ 21,150.00 214-2 Deciduous Trees - 3" Caliper FA 20 $680.00 $ 13,600.00 214-3 Ornamental Trees - 2" Caliper EA 84 $450.00 $ 28,800.00 214-4 Shrubs - 5 Gal. FA 255 $30.00 $ 7.650.00 214-5 Ornamental Grasses - 1 Gal. EA 464 $12.50 $ 5.800.00 214-6 Perennials - 1 Gal. EA 883 $11.00 $ 9.713.00 214-7 Sandstone Bollards EA 6 $675.00 $ 4,050.00 214-8 Planters FA 3 $2,200.00 $ 6.600.00 214-9 Irrigation LS 1 $43,450.00 $ 43,450.00 214-10 Landscape Maintenance (24 Months) LS 1 $58,000.00 $ 56,000.00 503-1 Drilled Caisons (Art Foundation) LF 22 $160.00 $ 3,520.00 605-1 LID Swale Soil Section LF 170 $14.00 $ 2,380.00 626-1 Mobilization LS 1 $26,980.00 $ 26.980.00 630-1 Construction Zone Traffic Control LS 1 $13,960.00 $ 13,950.00 630-2 Flagging HOUR 200 $26.00 $ 5,200.00 Force Account 700-01 F/A Minor Contract Revisions FA 1 $ $0.000.00 $ 30,000.00 700-02 1 FIA Erosion Control FA 1 $ 1,000.00 $ 1,000.00 TOTAL BASE BID $ 429,092.00 IN WORDS: �.a�aF H '1ni-I'.a..•Sw�9` r++� �yV �YO 1/411 end•- � t 700-01 F/A Minor Contract Revisions FA $30,000.00 $ 30,000.00 700-02 F/A Erosion Control FA 1 $1.000.00 $ 1,000.00 TOTAL BASE BID IN WORDS: 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. RESPECTFULLY SUBMITTED \NQ0\-PVn S J CONTRACTOR Printed Date Wni*t Title 15Y�f �5�`�"LZJ License Number (If Applicable) (Seal - if Bid is by corporation) Attest: CC/ Address I ke�iha, Sl Telephone 4.o; cl��n'I1� 1 Email 1 �UW�ItIU�I�I�"�l1AJi���Q�alf�� C�im SECTION 00400 SUPPLEMENTS TO BID FORMS 00410 Bid Bond 00420 Statement of Bidder's Qualifications 00430 Schedule of Subcontractors SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned western States Reclamation, Inc. as Principal, and Berkley Insurance Company as Surety, are hereby held and firmly bound unto the City of Fort Collins, Colorado, as OWN ER, in the sum of $ Five Percent of the 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, 8122 Landscaping at Horsetooth & Timberline. 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 May 27 , 2t715, 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. 1�:71►N31JG1� Name: Western States Reclamation, Inc. Address: 3756 Imperial Street Fredrick, CO 80516 By: Title: 5 ATTEST: By: , L-1 (SEAL) SURETY Berkley Insurance Company 475 Steamboat Road Greenwich, CT 06830 Title: Phillip A. Roberts, Attorney -in -Fact_ (SEAL) No. BI-7960c POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. d KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Keith M. Thompson, Phillip A. Roberts, Brent Eggers p Vaughn Pierce or Kevin Richards o Berkley Sure Group o Denver CO its true and lawful Attorney -in -Fact, to sin its name ,y g f eJ' Surety P I Y- � g as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.S50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected Cd c officers of the Company at its principal office in their own proper persons. 0 a This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, o E without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following c resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: VJ rA � E RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief E Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein o c to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such c o attorney -in -fact and revoke any power of attorney previously granted; and further y RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the o manner and to the extent therein stated; and further e RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attomey-in-fact named; and g further 5 On RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any 'E power of attorney, or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as ,r though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any 'Q person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have v E� ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Comp has ca these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed thib2f day of 2014. Attest: _ . Berkley Insurance Company 1d A u � (Seal) By By 41 o d Ira S. Lederman Je . Hafter o y Senior Vice President & Secretary a President 0 WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. o d •= STATE OF CONNECTICUT ) v o ) ss: o COUNTY OF FAIRFIELD ) o a Sworn to before me, a Notary Public in the State of Connecticut, thm;�') day of AZ 2014, by'lra S. Lederman and c ; Jeffrey M. Rafter who are sworn to me to be the Senior Vice President an Secretary, and �Fefor Vice President, respectively, of Berkley Insurance Company.r� o Notary Public, State of Conngy� [7 WOMMISSION EXPIRES CERTIFICATE : I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY t at the i'oregomg is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded 3 and that the authority of the Attomey-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date, a�� Given under my hand and seal of the Company, this � day of (Seal) Andr ma Instructions for Inquiries and Notices Under the Bond Attached to This Power Berkley Surety Group is the affiliated underwriting manager for the surety business of: Acadia Insurance Company, Berkley Insurance Company, Berkley Regional Insurance Company, Carolina Casualty Insurance Company, Union Standard Insurance Company, Continental Western Insurance Company, and Union Insurance Company. To verify the authenticity of the bond, please call (866) 768-3534 or email BSGInquiry@berkleysurety.com Any written notices, inquiries, claims or demands to the surety on the bond to which this Rider is attached should be directed to: Berkley Surety Group 412 Mount Kemble Avenue Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or email BSGClaim@berkleysurety.com Please include with all notices the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please identify the project to which the bond pertains. 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 additional information he fdyensires. 1. Name of Bidder: V �I Q,ll�.l f 1 S 11�) Cl�ll f 1G���n, Inc 2. Permanent main office address: ; 3. When organized: ` J 4. If a corporation, where incorporated: CUIG1 a"�� 5. How many years have you been engaged in the contracting business under your present firm or trade name? � Z 6. Contracts on hand: (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completion.) 7. General character of Work performed by your company: �r �rafion 8. Have you ever failed to complete any Work awarded to you? M If so, where and why? 9. Have you ever defaulted on a contract? �� EXHIBIT 1 - REVISED BID SCHEDULE ITEM NO. ITEM DESCRIPTION UNIT QUANTITY UNIT COST COST 203-1 General Labor HOUR 20 $ 203-2 Backhoe HOUR 15 $ 207-1 Top Soil Placement CY 348 $ 208-1 Erosion Log LNFT 200 $ 212-1 Sod SF 42000 $ 213-1 Landscape Weed Barrier Fabric Sy 700 $ 213-2 Inorganic Mulch (Special) (3-6" Cobble) TON 35 $ 213-3 Inorganic Mulch (Special) (3/4" Rock Chips) TON 42 $ 213-4 Inorganic Mulch (Special) (4/12" Buff Rip -Rap Mulch) TON 43 $ 213-5 Inorganic Mulch (Special) (4/12" Mulch for Art Installation) TON 12 $ 213-6 Mulching (Special) (Medium Bark Mulch) Cy 54 $ 213-7 Metal Landscape Border LF 290 $ 213-8 Decorative Railing LF 192 $ 213-9 Boulders - Buff Sandstone EA 126 $ 213-10 Boulders - River Rock EA 151 $ 214-1 Deciduous Trees - 2" Caliper EA 47 $ 214-2 Deciduous Trees - 3" Caliper EA 20 $ 214-3 Ornamental Trees - 2" Caliper EA 64 $ 214-4 Shrubs - 5 Gal. EA 255 $ 214-5 Ornamental Grasses - 1 Gal. EA 464 $ 214-6 Perennials - 1 Gal. EA 883 $ 214-7 Sandstone Bollards EA 6 $ 214-8 Planters EA 3 $ 214-9 Irrigation LS 1 $ 214-10 Landscape Maintenance (24 Months) LS 1 $ 503-1 Drilled Caisons (Art Foundation) LF 22 $ 605-1 LID Swale Soil Section LF 170 $ 626-1 Mobilization LS 1 $ 630-1 Construction Zone Traffic Control LS 1 $ 630-2 Flagging HOUR 200 $ Force Account 700-01 F/A Minor Contract Revisions FA 1 $ 30,000.00 $ 30,000.00 700-02 F/A Erosion Control FA 1 $ 1,000.00 $ 1,000.00 TOTAL BASE BID IN WORDS: Addendum 1 - 8122 Landscaping at Horsetooth & Timberline Page 2 of 6 If so, where and why? 10. Are you debarred by any government agency? no If yes list agency name. JV 1 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. ViE-) , 311.95 t iK P'� C� ZSc�'3c°Z ss log` SE �k �%� �. - C S L1� M�7 wirj 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: 15. Credit available: $ 16. Bank Reference: 17. Will you, upon request, fill out a detailed financial statement and furnish any other information that maybe required by the OWNER? l✓XC-� 18. Are you licensed as a General Contractor? If yes, in what city, county and state? What class, license and numbers? i-�y1 1 5uC�,2Z.0 19. Do you anticipate subcontracting Work under this Contract? If yes, what percent of total contract?Z t5 7.. And to whom? `VrJ. . c- C,,Q 3 14 - Ac,-�a - 20. Are any lawsuits pending against you or your firm at this time? i't�j IF yes, DETAIL 21. What are the limits of your public liability? DETAIL What company?1 22. What are your company's bonding limitations? 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. Dated at 1 -Z'\ nt\his � day of 20 QAAI WAUVIA / Printed: Wit State of County of being duly sworn deposes and says that he is of (Name) (Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this 2--� Notary Putlic My commission expires: day ofT, 20 15. ou= do 3X= Ormna Aki/1oN U3013NHOS 3OP 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 SECTION 00500 AGREEMENTFORMS 00510 Notice of Award 00520 Agreement 00530 Notice to Proceed SECTION 00510 NOTICE OF AWARD DATE: September 3, 2015 TO: Western States Reclamation Inc. PROJECT: 8122 Landscaping at Horsetooth & Timberline OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated May 27, 2015 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 8122 Landscaping at Horsetooth & Timberline. The Price of your Agreement is Four Hundred Seventy -Six Thousand Nine Hundred Seventy - Nine Dollars and Fifty -Two Cents ($476.979.52), which is the sum of the Total Base Bid plus the OWNER's portion ($47,887.52) of additional landscaping work described in Attachment A. Platte River Power Authority has agreed to pay $30,000.00 of the cost for the new system and will make such payment directly to WSRI. The OWNER is increasing Base Bid Line Item 214-9 to include the additional landscaping work. 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 September 18, 2015. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contract Documents attached. By: Gerry S. 1jul Director of Purchasing & Risk Management SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 3rd day of September in the year of 2015 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Western States Reclamation 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 8122 Landscaping at Horsetooth & Timberline. ARTICLE 2. ENGINEER The Project has been designed by BHA Design, Inc. The City of Fort Collins Engineering Department is hereinafter called ENGINEER and 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 by November 16, 2015, 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: Six Hundred Dollars ($600.00) for each calendar day or fraction thereof that expires after the November 16, 2015 deadline for Substantial Completion of the Work until the Work is Substantially Complete. 2) Final Acceptance: After Substantial Completion, Six Hundred Dollars ($600.00) 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: Four Hundred Seventy -Six Thousand Nine Hundred Seventy -Nine Dollars and Fifty -Two Cents ($476,979.52), 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. 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: G1 — G4 LANDSCAPE GRADING PLANS 1_1 — L5 LANDSCAPE PLAN D1 — D3 SITE DETAILS IR1.0 — IR3.1 IRRIGATION PLANS 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 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. EXHIBIT 2 — CLARIFICATIONS & REVISIONS 1. Project Clarifications: A The current contractor for the roadway work is Naranjo Civil Constructors, Inc. and their traffic control subcontractor is Northern Colorado Traffic Control (NCTC). The contact person for Naranjo is John Leone — (970) 356-7909. Two traffic control zones will not be allowed at the same time during construction. If. Revisions to the Project Planset: A. The following plan sheets have been updated and replaced to reflect species' changes in the trees as well as size of trees: • Sheets L2, L3, and L5 III. Revisions to the Project Specifications: A. None at this time IV. Pre -Bid Clarifications Not Resulting in Changes to the Bid Documents: A None at this time V. Pre -Bid Clarifications Resulting in Changes to the Bid Documents: A. None at this time VI. Revisions to the Project Bid Tab: A Additional line item added for Item 214-2 Deciduous Trees — 3-Inch Caliper. This changes all of the Item 214 line item numbers — see the updated bid schedule. Addendum 1 - 8122 Landscaping at Horsetooth & Timberline Page 3 of 6 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. OF DIRECTOR OF PURCHASING e 1/7-1/is e- P. O. Box 580 Fort Collins, CO 80522 roved as For bn Assistant City Attorney CONTRACTOR: WESTERN STATES RECLAMATION INC. L ABY: PRINTED Title: �<s -� Date: �i ►c i 15 (CORPORATE SEAL) Attest: ., ` . Address for giving notices: License No.: !`1lei 115 (-r-)ZLo r SECTION 00530 NOTICE TO PROCEED Description of Work: 8122 Landscaping at Horsetooth & Timberline To: Western States Reclamation Inc. This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within (_) calendar days from receipt of this notice as required by the Agreement. Dated this day of 20_. The dates for Substantial Completion and Final Acceptance shall be 20_and 20_, respectively. City of Fort Collins OWNER By: Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this _day of 20 CONTRACTOR: Western States Reclamation Inc. By: Title: SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No. 0194682 KNOW ALL MEN BY THESE PRESENTS: that Western States Reclamation Inc. 3756 Imperial Street, Frederick, CO 80516 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal' and (Firm) Berkley Insurance Company (Address) 475 Steamboat Road, Greenwich, CT 06830 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of Four Hundred Seventy -Six Thousand Nine Hundred Seventy -Nine Dollars and Fifty -Two Cents ($476,979.52) 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 3rd day of September, 2015, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 8122 Landscaping at Horsetooth & Timberline. 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 A 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. Bond No. 0194682 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 10th day of September , 2015. AttestESENC OF Princi al Western States Recl mation, Inc. (Title) (Title) (Corporate Seal) IN PRESENCE OF: Not Applicable 3756 Imperial Street, Frederick, CO 80516 (Address) Other Partners By: Not Applicable By: Not Applicable IN P SENC F: Surety Berkley Insuran a mpan 44 By: usan a ar o, orney-In- ac Lee Anne Meaux, Surety Witness 475 Steamboat Roa Greenwich CT 06830 (Address) (Surety Seal) NOTE: Gate 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. 0194682 KNOW ALL MEN BY THESE PRESENTS: that Western States Reclamation Inc. 3756 Imperial Street, Frederick, CO 80516 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and (Firm) Berkley Insurance Company (Address) 475 Steamboat Road, Greenwich, CT 06830 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 Four Hundred Seventy -Six Thousand Nine Hundred Seventy -Nine Dollars and Fifty -Two Cents ($476,979.52) 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 3rd day of September, 2015, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 8122 Landscaping at Horsetooth & Timberline. 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 orthe 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. Bond No. 0194682 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 10th day of, September , 2015. IN PRESENCE O Principal Western States Recla ation, Inc. Att st � � L�ric� 1�Sic�►'�� (Title) (Title) (Corporate Seal) IN PRESENCE OF: Not Applicable Not Applicable 3756 Imperial Street, Frederick, CO 80516 (Address) Other Partners By: Not Applicable By: Not Applicable I R SE OF: Sure Berkley Insurance Company By. Susan J. Latta rulo, orney-in-Fact Lee Anne Meaux, Surety Witness 475 Steamboat Road, reenwich, CT 06830 (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. No. BI-10163b POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Mark H. Sweigart; Donald E. Appleby; Todd David Bengford; Sarah C. Brown; Susan J. Lattarulo; or Florietta Acosta of Holmes Murphy & Associates, LLC of Greenwood Village, CO its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds R Y had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own c proper persons. c This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, c without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following > s resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief oExecutive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant R 2 Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein oto execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the 3 corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such n •C; attorney -in -fact and revoke any power of attorney previously granted; and further N RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and o further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any o c person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. Z c IN WITNESS WHEREOF, the Company has ca tl3ese presents to be signed and attested by its appropriate officers and its oU corporate seal hereunto affixed this nay of 2015. o Attest: Berkley Insurance Company I It o (Seal) By S�� By c 0 Ira S. Lederman Je Hafter o Senior Vice President & Secretary a forVtee President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER c .= STATE OF CONNECTICUT ) z ) ss: COUNTY OF FAIRFIELD ) =_ Sworn to before me, a Notary Public in the State of Connecticut, this day of 2015, by Ira S. Lederman and Jeffrey M. Hafter who are sworn to me to be the Senior Vice President and Secret ry,alo the iior Vice P e dent, respectively, of c Berkley Insurance Company. MARIAC. RUNDBAKEN d = NOTARY PUBLIC MY COMMISSION EXPIRES Notary Public, State of Connecticut APRIL 30, 2019 z = CERTIFICATE 8 I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a 3 c true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded r and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this �� day of (Seal) ./�/�-�i/—•� Michael J. Hurr,(/" / Instructions for Inquiries and Notices Under the Bond Attached to This Power Berkley Surety Group is the affiliated underwriting manager for the surety business of: Acadia Insurance Company, Berkley Insurance Company, Berkley Regional Insurance Company, Carolina Casualty Insurance Company, Union Standard Insurance Company, Continental Western Insurance Company, and Union Insurance Company. To verify the authenticity of the bond, please call (866) 768-3534 or email BSGlnquiryra berkleysurety.com Any written notices, inquiries, claims or demands to the surety on the bond to which this Rider is attached should be directed to: Berkley Surety Group 412 Mount Kemble Avenue Suite 31ON Morristown, NJ 07960 Attention: Surety Claims Department CT email BSGCIaim@berkleysurety.com Please include with all notices the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please identify the project to which the bond pertains. Client#: 33774 WESSTAPC ACORD-. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDIYYYY) 9109/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Holmes Murphy -Colorado 7600 East Orchard Rd, Ste 330 South Greenwood Village, CO 80111 CONTACT NAME: PHONE 515 223 6800 AIC No Et : A/C No): E-MAIL ADDRESS: INSURER 3 AFFORDING COVERAGE NAICA INSURER A:Travelers Property Casualty Co. INSURED INSURER B: Travelers Indemnity Company 25658 Western States Reclamation Inc INSURER CAdmiral Insurance 24856 3756 Imperial Street INSURER0: Charter Oak Fire Insurance Comp 25615 Frederick, CO 80516 INSURER E: 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 CONTRACTOR 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. TRR TYPE OF INSURANCE ADDINSIR IL POLICY NUMBER MMIIDDDY EFF POLICYEXP LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 51OCCUR X X DTC0326D029A15TIL 7/01/2015 07/0112016 EACH OCCURRENCE $1,000,000 AC�K RENTED M MI so. ends s3000OO MED EXP (Any one erson) $5 000 PERSONAL B ADV INJURY $1 000,000 GENERAL AGGREGATE $2,000,000 GEML AGGREGATE OMIT APPLIES PER: POLICY X PRC7 LOC PRODUCTS-COMP/OP AGG $2000,000 $ D AUTp+OBILIELIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED OS HIRED AUTOS X AUTOS X X DT810326D029A15TIL DTSMCUP326D029A15T 7/01/2015 7I01/201507/01/201 07/01/201 EaaBINEDtSINGLELIMIT 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per acUdent) $ X PROPERTY DAMAGE Per sodden t $ $ A X UMBRELLA LAB EXCESS LIAB X OCCUR CLAIMS -MADE EACH OCCURRENCE $5000000 AGGREGATE $5 0OO 0OO DIED RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITYLIMS ANY PROPRIETORIPARTNEWEXECUTIVE V I N OFFICERIMEMBER EXCLUDED? (Mandatory in NH) H yes, describe under DESCRIPTION OF OPERATIONS below NIA X DTOUB2A85173715 7/01/2015 07/01/201 X WGR$Y - oTH- E.L. EACH ACCIDENT $1 00,000 E.L. DISEASE - EA EMPLOYEE $1 000 000 E.L. DISEASE - POLICY LIMIT $1,000,000 C Pollution Professional X X FEIECC109059235 7/01/2016 07/01/201 $2,000,000 Aggregate $2,000,000 Each Claim DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: 8122 Landscaping at Horsetooth and Timberline The Certificate Holder is an Additional Insured on the General Liability, including Completed Operations, and Business Automobile Liability, as required by written contract, per policy terms and conditions. (See Attached Descriptions) City of Fort Collins 300 Laporte Avenue Fort Collins, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of 2 The ACORD name and logo are registered marks of ACORD #S156318/M144076 GERS1 zr DESCRIPTIONS (Continued from Page 1) The General Liability, Business Automobile Liability, and Workers Compensation include a Waiver of Subrogation in favor of the Certificate Holder, as required by written contract, per policy terms and conditions. SAGITTA 25.3 (2010/05) 2 of 2 #S156318/M144076 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO iS AN INSURED — (Section 11) is amended to include any person or organization that you agree in a "writton contract requiring insurance" to include as an additional insured pA this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal Injury'; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of You or your Subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional' insured with respect to the independent acts or omissions of such person or organization. 2. The Insurance provided to the additional insured by this endorsement is limited as rullows: a) in the event that tho Limits of insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not In- crease the limits of insurance described in Section Ili -- Limits Of Insurance. b) The insurance provided to the additonat in- sured does not apply to "bodily Injury", "prop- arty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- voying services, including: 1. The preparing, approving, or falling to prepare or approve, maps, shop draw. ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and P. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and Included in the "products -completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily Injury" or "property damage" that oc- curs before the and of the period of time for which the "written contract requiring insur- ance'I requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The Insurance provided to the additional Insured by this endorsement Is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires -that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other Insurance". But the insurance provided to the addiWrial.insured by this endorsement stilt is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance", 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result In a claim. To the extent possible, such notice should include: CC; D2 46 08 05 © 2005 The St. Paul Travelers Companies, inc. page 1 of 2 01110E COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured {persons and witnesses; and ill. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) if a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit`, and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a- Inss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional Insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named Insured as described in paragraph 3. above. S. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to Include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" co - curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2005 The St, Paul Travelers Companies, Inc. CG D2 46 08 06 i COMMERCIAL GENERAL LIABILITY i THIS ENDORSEMENT CHANCES THE POLICY, PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing Is a general cover- age description only, limitations and exclusions may apply to these coverages. Read all the provisions or this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and Is not covered. A. Aircraft Chartered With Pilot E. Damage To Premises Rented To You C. Increased Supplementary Payments D. Incidental Medical Malpractice E. Who Is An Insured — Newly Acquired Or Formed Organizations F. Who Is An Insured — Broadened Named Insured —Unnamed Subsidiaries G. Blanket Additional Insured — Owners, Managers Or Lessors Of Premises PROVISIONS A. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I - COVERAGES - COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that Is: (a) Chartered with a pilot to any insured; (b) Not owned by any Insured; and (c) Not being used to carry any person or prop- erty for a charge, B. DAMAGE TO PREMISES RENTED TO YOU 1. The first paragraph of the exceptions In E'x clusion )., Damage To Property, in Para- graph 2. of SECTION 1 — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Is deleted. H. Blanket Additional Insured — Lessors Of Leased Equipment I. Blanket Additional Insured — States Or Political 8ubdIvIsIons — Permits J. Knowledge And Notice Of Occurrence Or Offense K, Unintentional Omission L. Blanket Waiver Of Subrogation M. Amended Bodily Injury Definition N. Contractual Liability— Railroads INJURY AND PROPERTY DAMAGE LI- ABILITY: Exclu dons c. and g. through n. do not apply to "premises damage". Exclusion f.(1)(a) does not apply to "promises damage" caused by: a. Fire; b. Explosion; c. Lightning: d. Smoke resulting from such fire, explosion, or lightning: or e. Water: unless Exclusion f. of Section i — Coverage A — Bodily Injury And Property Damage Liability is replaced by another endorsement to this Coverage Part that has Exclusion —All Pollu- tion Injury Or Damage or Total Pollution Ex clusion in its title. 2. The following replaces the last paragraph of A separate limit of insurance applies to Paragraph 2., Exclusions, of SECTION I — "premises damage" as described in Para - COVERAGES — COVERAGE A. BODILY graph S. of SECTION IIi — LIMITS OF IN- SORANCE. CG D3 16 1111 02011 The Travelers Indemnity Company. All this reserved. Page 1 of 6 OWNS COMMERCIAL GENERAL LIABILITY 3, The following replaces Paragraph 6. of SEC- TION III —LIMITS OF INSURANCE: Subject to 5. above, the Damage To Prem- ises Rented To You limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Limit will apply to all "properly damage" proximately caused by the same "occur fence"% whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water, or any combination of any of these causes. The Damage To Premises Rented To You limit will bo; a._ The amount shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part; or b, $300,000 if no amount is shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part. 4. The following replaces Paragraph a. of the definition of "Insured contract" in the DEFINI- TiONS Sectlotr: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifles any person or organization for "premises damage" is not an "insured contract"; 5, The following Is added to the DEFINITIONS section: "Premises damage" means "property dam- age" to: a. Any premises while rented to you or tom. porarily occupied by you with permission of the owner, or b. T'he contents of any premises while such premises is rented to you, if you rent such promises for a period of seven or fewer consecutive days. 6. The following replaces Paragraph 4.b.(1)(b) of SECTION IV -- COMMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is insurance for "premises damage", - or 7. Paragraph 4.b.(1)(c) of SECTION IV — COMMERCIAL GENERAL LlAF31LITY COW DITIONS is deloled. C. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGE: b. Up to $2,500 for the cost of ball bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish these bonds. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGES: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. D. INCIDENTAL MEDICAL MALPRACTICE 1, The following is added to the definition of "oc- currence" in the DEFINITIONS Section: "Occurrence" also means an act or omission committed in providing or failing to provide "Incidental medical services", first old or "Good Samaritan services" to a person. 2. The following Is added to Paragraph 2.a.(1) of SECTION Ii -- WHO IS AN INSURED: Paragraph (1)(d) above does not apply to "bodily injury" arising out of providing or fail- ing to provide: (i) "Incidental medical services" by any of your "employees" who is a nurse practi- tioner, registered nurse, licensed practical nurse, nurse assistant, emergency medi- cal technician or paramedic; or (H) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or vol- unteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first ald or "Good Samaritan ser- vlces" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your busi- ness. Page 2 of 6 © 201 t The Travelers Indemnity Coinpany. All rights reserved_ CG D3 16 1111 3. The following is added to Paragraph 5. of SECTION It[ — LIMITS Or- INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed In providing or falling to provide "incidental medical services", first aid or"Good Samaritan services"to any one per- son will be deemed to be one "occurrence", 4. The follovdag exclusion Is added to Para- graph 2., Exclusions, of SECTION I — COV- ERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance reiating to the sale of pharmaceuti- cals committed by, or with the knowladge or consent of, the Insured. 5. The following is added to the DEFINITIONS Section, "Incidental medical services" means; a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related famishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. "Good Samaritan services" means any emer- gency medical services for which no compon- sation is demanded or received. 6. The following Is added to Paragraph 4.b., Ex, cess insurance, of SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: The insurance is excess over any valid and collectible other insurance available to the in- sured, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" or "volunteer warlwrs" for "bodily injury" that arises out of providing or failing to provide "incidental medical ser- vices", first aid or "Good Samaritan services" to any person to the extent not subject to Paragraph 2.a.(1) of Section If -- Who Is An Insured— F. WHO IS AN INSURED -- NEWLY ACQUIRED OR FORMED ORGANiZAT[ON9 The following replaces Paragraph 4, of SECTION [I —WHO IS AN INSURED: COMMERCIAL GENERAL LIABILITY 4. Any organization you neMy acquire or form, other than a partnership, joint venture or lim- ited liability company, of which you -are the sole owner or in which you maintain the ma- jority ownership interest, will qualify as a Named Insured if there Is no other insurance which provides similar coverage to that or- ganization. However: a, Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form ft; or (2) Until the end of the policy period, when that date, is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it, and we agree in writing that It will con- tinue to be a Named insured until the end of the policy period; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired orformsd the organization; and c. Coverago B does not apply to "personal in- jury" or "advertising injury" arising out of an offense committed before you acquired or formed the organization, F. WHO iS AN INSURED -- BROADENED NAMED INSURED — UNNAMED SUBSIDLAR]r=S The following Is added to SECTION It — WI40 13 AN INSURED: Any of your subsidiaries, other than a partnership, joint venture or limited liability company, that is not shown as a Named Insured in the Declare- tions is a Named Insured if you maintain an own- ership interest of more than 50% in such subsidi- ary on the first day of the policy period. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal injury" or "advertising injury" caused by an of- fense committed afterthe date, if any, during the policy period, that: you no longer maintain an ownership interest of moro than 50% in such sub- sidiary. CG D3 16 1111 070111lie Travelers Indemnity Company, Ali rights reserved. Page 3 of 6 oroees COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL. INSURED -- OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is a premises owner, manager or lessor and that you have agreed In a written contract or agreement to in- clude as an additional Insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal injury" or"adverttsing Injury" that a, Is "bodily injury" or "property damage" that occurs, or is "personal Injury" or "advertising injury" caused by an offense that Is commit- ted, subsequent to the execution of that con- tract or agreement; and b. Arises out of the ownership, maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner, manager or lessor is subject to the following pro- visions: H. BLANKET ADDITIONAL INSURED — LESSORS OF LEASED EQUIPMENT The following is added to SECTION It— WHO IS AN INSURED: Any person or organization that is an equipment lessor and that you have agreed in a written con- tract or agreement to Include as an insured on this Coverage Part is an insured, but only with re- spect to liability for "bodily injury', "property dam- age", "personal Injury" or "advertising Injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising injury" caused by an offense that Is commit- ted, subsequent to the execution of that con- tract or agreement; and b. is caused, in whole or In pact, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor Is subject to the following provisions: a. The limits of insurance provided to such % The limits of Insurance provided to such premises owner, manager or lessor will be equipment lessor will be the minimum limits the minimum limits which you agreed to pro- which you agreed to provide in the written vide in the written contract or agreement, or contract or agreement, or the limits shown on the limits shown on the Declarations, which- the Declarations, whichever are less. ever are less. b. The Insurance provided to such equipment b. The insurance provided to such premises lessor does not apply to any "bodily Injury" or owner, manager or lessor does not apply to; Property damage that occurs, or personal injuryor advertising Injury caused by an of- (1) Any "bodily injury" or "property damage" fense that is committed, after the equipment that occurs, or "personal injury" or "advoF lease expires. tising injury" caused by an offense that is c, The insurance provided to such equipment committed, after you cease to be a tenant in that premises; or lessor is excess over any valid and collectible other insurance available to such equipment (2) Structural alterations, new construction or lessor, whether primary, excess, contingent. demolition operations performed by or on or on any other basis, unless you have behalf of such premises owner, lessor or agreed in the written contract or agreement manager. that this insurance must be primary to, or c. The Insurance provided to such premises non-contributory with, such other insurance, owner, manager or lessor Is excess over any in which case this insurance will be primary valid and collecfible other insurance available to, and non-contributory with, such other in- to such premises owner, manager or lessor, surance. whether primary, excess, contingent or on I. BLANKET ADDITIONAL INSURED — STATES any other basis, unless you have agreed in OR POLITICAL. SUBDIVISIONS — PERMITS the written contract or agreement that this in� surance must be primary to, or non- The following is added to SECTION li — WHO iS contributory with, such other insurance, in AN INSURED: which case this Insurance will be primary to, Any stato or political subdivision that has issued a and non-contributory with, such other insur- permit in connection with operations performed by ance. you or on your behalf and that you are required Page 4of6®20i1ThaTravelersindemnityCompany, All r(ghtsresewed_ CGD3161111 by any ordinance, law or building code to include as an additional insured on this Coverage Part is an insured, but only with respact to liability for "bodily injury", "property damage", "personal in- jury" or "advertlsing injury" arising out of such op- erations. The insurance provided to such state or political subdivision does not apply to: a. Any "bodily injury," "property damage," "per- sonal injury" or "advertising Injury" arising out of operations performed for that state or po- Iltical subdivision; or b. Any "bodily injury" or "property damage" in- cluded in the "products -completed operations hazard". J. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2., Duties to The invent of Occurrence, Offense, Claim or Suit, of SECTION IV — COMMERCIAL GEN- ERAL UABILiTY CONDITIONS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the In- surance provided under this Coverage Part to you or any Insured listed in Paragraph 1. or 2. of Section It —Who Is An I nsured. (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- ble only after the "occurrence" or offense is known by you (if you are an individual), any of your partners or members who is an individual (If you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your "executive offi- cers" or directors (if you are an organiza- tion other than a partnership, joint venture or limited liability company) or any "em- ployee" authorized by you to give notice of an "occurrence" oroffense. {2) If you are a partnership, joint venture or limited liability company, and none of your partners, joint venture members or man- agers are individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the, "occur- rence" or offense is known by: COMMERCIAL GENERAL LIABILITY (ii) A manager of any limited liability company; or (ill) An executive officer or director of any other organization; that Is your partner, joint venture member or manager; or (b) Any "employee" authorized by such partnership, joint venture, limited li- ability company or other organization to give notice of an "occurrence" or offense. (3) Notice to us of such "occurrence" or of an offense will be deemed to be given as soon as practicable if it is given in good faith as soon as pr acticable to your work- ers' compensation insurer. This applies only If you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons de- scribed in Paragraphs e. (1) or (2) above discovers that the "occurrence" or offense may result in sums to which the Insurance provided under this Coverage Part may apply - However, If this Coverage Part Includes an en- dorsement that provides Limited coverage for "bodily injury" or "property damage" or pollution costs arising out of a discharge, release or es- cape of "pollutants" which contains a requirement that the discharge, release or escape of "pollut- ants" must be reported to us within a specific number of days after Its abrupt commencement, this Paragraph e, does not affect that require- ment. K. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Repre- sentations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: 'I"he unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not preju- dice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenowal in accordance with applicable insurance laws or regulations. L. BLANKET WAIVER OF SUBROGATION (a) Any individual who is: The following is added to Paragraph 8., Transfer (1) A partner or member of any part- Of Rights Of Recovery Against Others: To Us, nership or joint venture; of SECTION IV — COMMERCIAL GENERAL Ll- ABILIFY CONDITIONS: C% D3 16 11 11 0 2011 The Travelers IndemNty cnrnpany. All rights reserved. Page 5 of 6 COMMERCIAL GENERAL LIABILITY if the Insured has agreed in a contract or agree- ment to waive that Insured's right of recovery against any person or organization, we waive our right of recovery against such person or organiza- tion, but only for payments we make because of; a. "Bodily injury" or "property damage" that oc- curs; or b. "Personal injury" of "advertising injury" caused by an offense that is committed; subsequent to the exec.rtlon of that contract or agreement. M. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" to the DEFINITIONS Section; 3. "Bodily injury" means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, Including death resulting from any ofthess at any time. N, CONTRACTUAL LIABILITY— RAILROADS 1. The following replaces Paragraph c. of the - definition of "insured contract" in the DEFINI- 1lONS Section, c, Any easement or license agreement; 2. Paragraph L(9) of the definition of "insured contract" in the DEFINITIONS Section is de- leted. Page 6 of 6 02011 The Travelers Indemnity Company. All lights reserved. CG D3 11611 11 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provislons of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any Injury, damage or medical expenses described In any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may applyto these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE -- INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE —GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.9., Who Is An Insured, of SECTION 11 — LIABILITY COV- ERAGE; Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately Insured for Business Auto Coverage. Coverage under this provision is afforded only un- tit the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following Is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and H. HIRED AUTO PHYSICAL DAMAGE -- LOSS OF USE —INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES —INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS I... NOTICE AND KNOWLEDGE .OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N, UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional Insured Is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II, C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.9., Who Is An insured, of SECTION Il — LI- ABILITY COVERAGE: An "employed" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that %mpfoyeo's" name, with your permission, while performing duties related to the conduct of your busi- ness. CATS 53 03 10 02010 The Travelers Indemnity Company. Page 1 of 4 includes copyrighted material of Insurance Services Office, Inc. with Its permisslon. No Text COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., within such country or jurisdiction, for Liability Other Insurance, of SECTION IV — BUSI- Coverage for any covered "auto" that you NESS AUTO CONDITIONS: lease, hire, rent or borrow without a driver for b_ For Hired Auto Physical Damage Cover- a period of 30 days or less and that is not an age, the following are deemed to be cov- "auto" you lease, hire, rent or borrow from ered "autos" you own: any of your "employees", partners (if you are a partnership), members (if you are a limited 1 An covered "auto" O y you lease, hire, liability company) or members of their house - rent or borrow; and holds. (2) Any covered "auto" hired or rented by (a) With respect to any claim made or "suit" your "employee" under a contract In brought outside the United States of that individual "employee's" name, America, the territories and possessions with your permission, while perform., of the United States of America, Puerto Ing duties related to the conduct of Rico and Canada: your business: (i) You must arrange to defend the "In - However, However, an "auto" that Is leased, hired, sured against, and investigate or set - rented or borrowed with a driver Is not a tle any such claim or "sulk" and keep covered "auto". . us advised of all proceedings and as D. EMPLOYEES AS INSURED tlons. The following is added to Paragraph A.4., Who is (li) Neither you nor any other involved An insured, of SECTION 11 — LIABILITY COV- "insured" will make any settlement ERAGE: without our consent, Any "employee" of yours is an "insured" while us- (iii) We may, at our discretion', participate ing a covered "auto" you don't own, hire or borrow in defending the 'Insured" against, or In your business or your personal affairs. in the settlement of, any claim or E. SUPPLEMENTARY PAYMENTS — INCREASED "suit". LIMITS (iv) We will reimburse the "Insured" for 9. The following replaces Paragraph A.2.a.(2), sums that the "insured" legally must "bodily of SECTION 11 — LIABILITY COVERAGE: pay as damages because of injury" or "property damage" to which (2) Up to $3,000 for cost of bail bonds (in- this insurance applies, that the "in- cluding bonds for related traffic law viola- sured" pays with our consent, but tions) required because of an "accident" only up to the Iimitdescribed in Para - we cover. We do not have to furnish' graph C„ Limit Of Insurance, of SEC - these bonds. TION it — LIABILITY COVERAGE. 2. The following replaces Paragraph A,2.a.(4), (v) We will reimburse the "Insured" for of SECTION II — LIABILITY COVERAGE: the reasonable expenses incurred (4) All reasonable expenses incurred by the with our consent for your Investiga- "insured" at our request, including actual Pion of such claims and your defense loss of earnings up to $500 a day be- of the "Insured" against any such cause of Ume off from work. "suit', but only up to and included F. HIRED AUTO — LIMITED WORLDWIDE COV- within the Idescribed in Para- graph C„ Limit Insurance, of ERAGE— INDEMNITYBASIS SECTION 11 -- LIABILITY COVER - A The following replaces Subparagraph (5) In Para- AGE, and not In addition to such limit. graph B.7., Policy Period, Coverage Territory, Our duty to make such payments of SECTION IV — BUSINESS AUTO CONDI- ends when we have used up the ap- TIONS: plicable Ilmlt of Insurance in pay- (5) Anywhere in the world, except any country or ments for damages, settlements or jurisdiction while any trade sanction, em_ defense expenses. bargo, or similar regulation imposed by the (b) This Insurance is excess over any valid United States of America applies to and pro- and collectible other insurance available hibits the transaction of business with or Page 2 of 4 02010 The Travelers indemNty Company. CA T3 53 03 10 Includes copydghled material of insurance Servlces Moe, Inc. with its permission. to the "insured" whether primary, excess contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory Insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not Invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) 1t is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE ^ GLASS The following is added to Paragraph D., Deducti- ble, of SECTION Ill PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE —LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b„ loss Of Use Expenses, of SEC- TION III-- PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES —INCREASED LIMiT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transporlatlon expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. COMMERCIAL AUTO J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured'; and (2) in or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following Is added to Paragraph B.3., Exclu- sions, of SECTION iIi — PHYSICAL DAMAGE COVERAGE; Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b, and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". I__ NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV —BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- live prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to; (a) You (if you are an individual); (b) A partner Cif you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (a) Any "employee" authorized by you to give no- tice of the "accident" or "loss". CA T3 53 03 10 @ 2010 The Travelers Indemnity company. Page 3 of 4 Includes copyrighted material of Insurance Services Office. Inc. with Its permission. COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -- BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident` or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. Page 4 of 4 © 2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrlghled material of lnsuranco Sorvloea office, Inc. with Its permission. TRAVELERS WORKERS COMPENSATION ONE TOWER SQUAXF AND HARTFOROr CT 0616S EMPLOYERS LIABILITY POLIGY ENDORSEMENT WC Oil m ys (UO)-01 POLICY NUMBER: DTOUB2A85173715 WAIVER OE OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WA have the right to recover our payments from anyone liable for an Injury covared by this policy. We will riot enforce our right against the person or orgarnizatlon named in the $ChadLite. (This agreement applies onlytothe extent that you perform work under a written contract that requires you to obtain this agreementfrom us,) This agreement shall not operate directly or Indfraolly to benefit any one not named in the Snhedule, SCAND 1LE DESIGNATED PERSON; DESIGNATED ORGANIZATION; ANY PER50N OR ORGANIZAYION FOR WHICH THE INSUMD HAS AGREED BY WRITTEN CONTRACT TXECU7'ED PPION TO.r.OS.S To FURNISH THIS WAIVER.. DATE OF ISSUE: 07-17--14 STA881GN: SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance in accordance with the following requirements: 1. The Contractor will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Contractor shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Contractor, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Agreement. The City, its officers, agents and employees shall be named as additional insured on the Contractor's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Contractor shall maintain during the life of this Agreement for all of the Contractor's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Contractor shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION: PROJECT OR SPECIFIED PART SHALL INCLUDE: PROJECT TITLE: 8122 Landscaping at Horsetooth & Timberline LOCATION: Fort Collins, Colorado OWNER: City of Fort Collins CONTRACTOR: Western States Reclamation Inc. CONTRACT DATE: September 3, 2015 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 AUTHORIZED REPRESENTATIVE DATE REMARKS: SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 20 TO: Western States Reclamation Inc. Gentlemen You are hereby notified that on the day of 20_, the City of Fort Collins, Colorado, has accepted the Work completed by Western States Reclamation Inc. for the City of Fort Collins project, 8122 Landscaping at Horsetooth & Timberline. 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 September 3. 2015. 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: SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: Western States Reclamation Inc. (CONTRACTOR) PROJECT: 8122 Landscaping at Horsetooth & Timberline The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. Signed this day of 20_. CONTRACTOR: WESTERN STATES RECLAMATION INC. 0 Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20_ M, Witness my hand and official seal. Notary Public My Commission Expires: SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Western States Reclamation Inc. PROJECT: 8122 Landscaping at Horsetooth & Timberline CONTRACT DATE: September 3, 2015 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of 20 (Surety Company) By: ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. SN1Y1071tl0� j0 All;1 � a 3NIlb39W11 ONV H10013SilOH 4 5 8 1' F YY (5y1 .t�3t If'I 4 °i(� �� etc t S� t�31' II" tM.11 FAQ eakiji � . � lip of � �jfl jib =7o^a111E:if{I1 a .tk�s jig !11a1= 99 p q;1115 °fill 3 a5 g's� 111,11Si'91J131111i Ill, �° f pll i q 3 :E�FI! 7 iie i �Y S� ��°� � P�i �a � o ¢a a £1a a$$g�ge sg 4Ss3°a gt S� °�A a All g11 3aY iga� ggq5$Y a 41 g88g@jj� 4 x���:?€ s W t W pY F Q a e4 �^ z z z °e� g °fie ae} �r a f Y G zu az Nf a FIN �s Y____ ..�i,}��Ala!;�f�9 aaaaaaaaaaE -0 1 ail Y Eoas � Y2zsBi ao act r SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (12/98) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) 0 nn NnT WPITF IN THIR RPAr.F The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. istration/Account No. (to be assigned by DOR) Period 0170-750 (999) $0.00 F - CONTRACTOR INFORMATION Trade name/DBA: Owner, partner, or corporate name: Mailing address (City, State. Zip). Contact Person E-Mail address: Federal Employer's Identification Number. Bid amount for your contract: Fax Number. ( Business telephone number: Colorado withholding tax account number. Copies of contract or agreement pages (1) identifying the contracting parties EXEMPTION INFORMATION and (2) containing signatures of contracting parties must be attached. Name of exempt organization (as shown on contract): Exempt organization number. 98 _ Address of exempt organization (City, State, Zip). Principal contact at exempt organization: Principal contact's telephone number. Physical location of project site (give actual address when applicable and Cities and/or County lies) where project is located) scheduled Month Day Year Estimated Month Day Year construction start date I completion date: l 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 Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document arc shown by underlining text 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) TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph page Article or Paragraph Page Number & Title Number Number & Title Number I DEF1NlTICNS____ 1 2. PRELIv ARY lv%TTERS .... .................. .... __3 1.1 Addenda. . ........................................... 2.1 Delivery of Bonds....................... 1.2 Agreement..........................................1 2.2 Copies of Documents .......................3 1.3 Application for Payment ....................... 2.3 Commencement of Contract L4 Asbestos ...... .......................... ........... J Times; Notice to Proceed.........._.. .3 1.5 Bid .....................................................1 2.4 Starting the Work ......................... 1.6 Bidding Documents...._....................... I 2.5-2.7 Before Starting Construction: 1.7 Bidding Requirements ......................... CONTRACTORs Responsibility 1.8 Bonds., ............................................... to Report; Preliminary Schecliles; 1.9 Change Order .................. ........... I Delivery of Certificates of 1.10 Contract Documents I Insurance ................................... 3 3-4............................ 1.11 Contract Price ..................................... 1 2.8 PreconstrucLion Conference ..... ........ 4 1.12 Contract Times, ....................... ........... 1 2.9 Initially Acceptable Schedule$ .......... 4 1.13 CONTRACTOR ..................................1 114 defective .............................................3 3. CONTRACT DOCUMENTS: INTENT, 1.15 Drawings ...........................................3 AMFNDING, REUSE ..................................... 4 1.16 Effective Date of the Agreement ........... 1 3.1-3.2 Intent .............................................4 ' ­ ......... *­ ..........................4 1.17 ENGINEM .......................................1 3.3 Reference to Standards and Speci- 1.19 ENGINEERS Consultanit, ....................11 fications of Technical Societier, 1.19 Field Order .......................................... I Reporting and Resolving Dis- 1.20 General Requirements .........................2 crepancics ...... .......................... 4-5 1.21 Hazardous Waste 2 3.4 Intent of Certain Toms or 1.21a Laws and Regulations; Laws or Adjectivesk ............................... 5 Regulations......_...........................2 3.5 Amending Contract Docuncnts,..._.5 1.22.b Legal Holidays ............................._......2 3.6 Supplementing Contract 1.23 Liens 2 Docuraent3 ......... ......................... 5 1.24 Mileston............................................2 3.7 Rouse of Documents ......................... 5 1.25 Notice of Award 2 1.26 Notice to Proceed ................................. 2 4. AVAILABILITY OF LANDS; 1.27 OWNER ............................................. 7 SUBSURFACE AND PHYSICAL CONDITIONS; 1.29 Partial Utilization 2 REFERENCE POINTS ......................................... 5 1.29 PCBS. .......................... ..................... 2 4.1 Availability of Lands ..................... 5-6 1-30 Petroleum ...........................................2 4.2 Subsurface and Physical 1.31 Project........_.....................................2 Conditions 6 1.32.a Radioactive Material,,,,,,,,,,,,, ............... 2 4.2.1 Reports and ........................ 0 1.32.11 Regular Working Hours.,,,.,,,.„-,,,-,- ...... 7 4.2.2 Limited Reliance by CONTRAC- 1.33 Resident Project Representative,-,-.......2 TOR Authorized, Technical 1.34 Samples .............................._..............2 Data . . ...... 6 1.35 Shop Drawings .................................... 2 4.2.3 Notice of Differing Subsurface 1.36 Specifications ...................................... 2 or Physical Conditionsi ........... ....... 6 1.37 Subcontractor ...................................... 2 4.2.4 FNGINFER!s Review ....................... 0 1.38 Substantial Completion .......................2 4.2.5 Possible Contract Documents 1.39 Supplementary Conditions .................... 2 Change ......................................... 6 1.40 Supplier .............................................. 4.2.6 Possible Price and Times L41 Underground Facilities .................... )-3 Adjustments ...... __ ..................... 6-7 1.42 Unit Price Work„ ............................... 3 4.3 Physical Conditions -Underground 1.43 Work ..................................................3 Facilities ................................... _ 7 1.44 Work Change Directive ....................... 3 4.3.1 Shown or Indicated 7 1.45 Written Amendment........................... 3 4.3.2 Not Shown or Indici44.,.*.,.,.,.,.*.,.".,..,.-.*,,.,.,."y 4.4 Reference Points...............................7 EICDC GENERAL CONDITIONS 1910-8 (1990 EDMON) w1aTY OF FORT COLUNS MODIFICATIONS (REV 9/") Article or Paragraph page Article or paragraph page Number & Title Number Number & Title Number 4.5 Asbestos, PCBs. Petroleum, Hazardous Wage or Radioactive Material .................. . . 7-8 BONDS AND INSURANCE ................................. 8 5.1-5.2 Performance. Payment and Other Bonds 5.3 Licensed Sureties and Insurers; Certificates of Insurance 8 5.4 CONTRACTORs Liability Insurance 9 5.3 OWNEKs Liability Insurance ...............9 5.6 Property Insurance .... ............. 11 ...... 9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance ................. 10 5.9 Notice of Cancellation Protision 10 5.9 CONTRACTORs Responsibility for Deductible Amounts ................... 10 5.10 Other Special Insurance .................... JO 5.11 Waiver of Rightsk ...............................11 5.12-5.13 Receipt and Application of Insurance Proceeds J0-11 5.14 Acceptance of Bonds and Insir- ance; Option to Replace ................... j 1 5.15 Partial Utilization -Property Insurance........................................11 CONTRACTORS RESPONSIBILITIES ...............11 6.1-6.2 Supervision and SuperintendencV ....... 11 6.3-6.5 Labor, Materials and Equipment ... 11-12 6.6 Progress Schedule ..............................12 6.7 Substitutes and "Or -Equal" Items, CONTRACTORS Expense, Substitute Construction Methods or Procedures; ENGINEEks Evaluation. ....... 12-13 6.8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights ........................ 13-14 6.12 Patent Fees and Royalties ................... 14 6.13 Permits .............................................14 6,14 Laws and Regulations ....................... J4 6.15 Taxes ........................................... 14-15 6.16 Use of Premises................................15 6.17 Site Cleanliness ................................ 15 6.18 Safe Structural Loading ..................... J5 6.19 Record Documents .............................15 6.20 Safety and Protection ............. _ ..... JS-16 6.21 Safety Representative ......................... J6 6.22 Hazard Communication Program$ .....16 6.23 Emergencies ............ ........................ 16 6.24 Shop Drawings and Sample* ..............16 6.25 Submittal Procccdures: CON- TRACTOR's Review Prior to Shop Drawing or Sample Submittal 16 6.26 Shop Drawing & Sample Submit - Isis Review by ENGINEER, ..... 16-17 6.27 Responsibility for Variations Fran Contract DocumentsL ........... 17 6.28 Related Work Performed Prior to ENGINEER'S Review and Approval of Required Submittals 17 6.29 Continuing the Work ......... ........... 17 6.30 CONTRACTORs General Warranty and Guarantee ..............17 6.31-6.33 Indemnification ... ..................... 17-18 6.34 Survival of Obligations ...................38 OTHER WORK.................................................38 7.1-7.3 Related Work at Siti% .............. I ....... 18 7.4 Coordination ................................. 18 OWNER'S RESPONSIBILITIES .........................18 8-1 Communications to CON- TRACTOR 18 8.2 Replacement of ENGINEER . ...........18 8.3 Furnish Data andPay Promptly When Due 18 9.4 Lands and Easements-, Reports and Tests 18-19 8.5 Insurance 19 8.6 Change Orders...............................19 8.7 Inspections. Tests and Approvals ...................................19 8.8 Stop or Suspend Wcrk; Terminate CONTRACTORs Services ......................................19 8.9 Limitations on OWNER'S Responsibilities, ...... ................... J9 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material .................... 39 8.11 Evidence of Financal Arrangements .............................19 ENGIN[EERS STATUS DURING CONSTRUCTION ........................ ..................... 19 9.1 OWNERs Representative ...............19 9.2 Visits to Site . ................ -_ ............ 19 9-3 Project Representative ................ J19-21 9.4 Clarifications and Interpre- tations.........................................21 9,5 Authorized Variations in Wrk ........ 21 EXMC GENEILAL CONDITIONS 1910 -8 (1990 EDITION) vi aTy OF FORT COLLINS MODIFICATIONS (REV 9W) Article or Paragraph Page Article or Paragraph Number & Title Number Number JL Title 9.6 Rejecting Defective Work ...................21 9.7-9.9 Shop Drawings, Change Orders and Payments ............ ....................... 21 9.10 Determinations for Unit Prices ...... 21-22 9.11-9.12 Decisions on Disputes; ENGI- NEER as Initial Interprote( ..............22 9.13 Limitations on ENGINEERs Authority and Responsibilities,,, 22-23 CHANGES IN THE WORK .............................. ..... _.23 10.1 OWNER!s Ordered Change ................23 14. 10.2 Claim for Adjustment ........................23 10.3 Work Not Required by Contract Documents ......................................23 10.4 Change Orders .................................. 23 10.5 Notification of Surety ........................23 CHANGE OF CONTRACT PRICE .............................73 11.1-11.3 Contract Price; Claim for Adjustment; Value of the Work . .................. 23-24 11.4 Cost of the Work ..........................24.25 11.5 Exclusions to Cost of the Work ........... 25 11.6 CONTRACTORsFee 25 11.7 Cost Records ................................. 25-26 11.8 Cash Allowances ...............................26 11.9 Unit Price Work ................................ 26 CHANGE OF CONTRACT TIMES ............................26 12.1 Claim for Adjustment� ........................ 26 12.2 Time of the Essear; ..........................26 12.3 Delays Beyond CONTRACTORs Control ....... .......... ...... ............. 26-27 12.4 Delays Beyond OWNERs and CONTRACTORs Control,.,,,..„.„.„ 27 TESTS AND INSPECTIONS; CORRECTION. REMOVAL OR ACCEPTANCE OF DEFEC77VE WORK ..................................................27 13.1 Notice of Defects ...............................27 13.2 Access to the Work ...........................27 13.3 Tests and Inspections; CONTRACTORs Cooperation .......... 27 13.4 OWNERs Responsibilities; Independent Testing Laboratory.,..,,, 27 13.5 CONTRACTORS Responsibilities ...............................27 13.6-13.7 Covering Work Prior to Inspec- tion, Testing or Approval, ................27 13.8-13.9 Uncovering Work at ENGI- Page Number NEERs Request ..................... 27-28 13.10 OWNER May Stop the Work .......... 28 13.11 Correction or Removal of Defective Work ...........................78 13.12 Correction Period...........................28 13.13 Acceptance of Defective Work ......... 29 13.14 OWNER May Cared Defective Work ..................... 28-29 PAYMENTS TO CONTRACTOR AND COMPLETION 29 14.1 Schedule of Values.........................29 14.2 Application for Progress Payment ............................. ....... 29 14.3 CONTRACTORsWarraintyof Title 29 144-14.7 Review of Applications for Progress Payments .................. 29-30 14.8-14.9 Substantial Completion ................... 30 14.10 Partial Utilization.._ .. ............... 30-31 14.11 Final Inspection ............................. 31 14.12 Final Application for Payment,...... 31 14.13-14.14 Final Payment and Acceptance,.,,,, 31 14.15 Waiver of Claims ...................... 31-32 15. SUSPENSION OF WORK AND TERMINATION............................................... 32 15.1 OWNER May Suspend Work .......... 32 15.2-15.4 OWNER May Terminate ................ :32 15.5 CONTRACTOR May Stop Work or Terminate ................ X-33 16. DISPUTE RESOLUTION 33 17. MISCELLANEOUS 33 17.1 Giving Notice . ......................... .... .33 I7.2 Computation of Times ................. _3 17.3 Notice of Claim ..............................33 17.4 Cumulative Remedick .................... 33 17.5 Professional Fees and Court Costs Included.. ........................... 33 17.6 Applicable State Laws,,,,,,,,,,,,,,, 33-34 Intentionally left blank .......................................35 EXHIBIT GC -A: (Optional) Dispute Resolution Agreement ..................... PC -Al 16.1-16.6 Arbitration GC -Al 16.7 Mediation GC -Al EJCW GENERAL CONDITIONS 1910-9 (1990 EDITION) W1 CITY OF FORT COIJXNSIMOIDMCATIONS (REV 9/991 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' Iteraii ...................... 0.7.1 Work by OWNER ..............................2 5.6.30.6.34 Access to the - Lands, OWNER andCONTRACTOR responsibilities .............................................. 4.1 site, related Work ...................... .............. ......... 7.2 Work, _., ................................... ... 13.2,13,14.14.9 Acts or Om issions-. Acts and Omissions -- CONTRACTOR ... ............ .................. 6.9,1,9.13.3 ENGINEER .......................... ........... _.k.20,9.13.3 OWNER ....................................................6.20,11.9 Addenda -definition of (also see definition of Specifications) ...... 0.6.1.10. 6.19),I.1 Additional Property Insurance* ................................. 5.7 Adjustments - Contract Price or Contract Times ...........................1.5. 3.5, 4.1, 4.3.2, 4.5.2. ......................... .... 4_53.9.4. 9.5.10.2-10.4, .........................................11. lZ 14.8.15-1 progess schedule.......__ .................................... 6.6 Agreement -- definition of ......................................................3.2 'All -Risk" Insurance. policy fam, ...........................5.6.2 Allowances, Cash ....................................................11.8 Amending Contract Documents ................................3.5 Amendment, Written - in general... .. .... ..... 1. 10, 1.45, 3.5, 5.10, 5.12 6.6.2 ........................ _.0.8.Z 6.19,10.1. 10.4.11.2 .............. I ..................... 12.1,13.12.2,14.7.2 Appeal, OWNER or CONTRACTOR intent to, .........9.10, 9.11, 10.4. 16.2, 16.5 Application for Payment -- definition of ......................................................1.3 ENGrNEEWs 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 ................. . ........ .......... 14.1-14.7 review of ......... .... __ ............ ... I ............ 114.4-14.7 Arbitration ..................................................... 16.1-16.6 Asbestos - claims pursuant thereto ..........................4.5.2, 4.5.3 CONTRACTOR authorized to stop Work .......... 43.2 definitionof ........................................................1.4 Article or Paragraph Number OWNER responsibility lbr ............................. 4.5.1.8.10 possible price and times change,,,,,,,,,,,,,,,,,,,,,,, 4.5.2 Authorized Variations in Work ......... 5.6.625. 6.27, 9.5 Availability of Lands.......---,_-....... _ ................. 4.1.8.4 Award, Notice of ­defined... .................................... 1.25 Before Starting Constructicq .............................. 2.5-2.8 Bid -definition of ...... .................. 1-5 (1.1, 1.10, 2.3, 3.3. - --------- .............. 4.7 -6.4, 6.13, 11.4.3, 11.9.1) Bidding Documents -definition Of .........1.6(6.8.2) Bidding Requirements -definition Of .........................................1.7 (11.1. 4.2.6.2) Bonds - acceptance of ..................................................5.14 . additional bonds ............................. -..,10.5. 11.4.5.9 Cost of the Work....-....... ................ ............... 11.5.4 definition of ................................. ..................... 1.8 delivery of ................................................ .. 2-1.5.1 final Application for Payment,._._,_.._._ 14,12-14.14 general ...................................... 1.10, 5.1-5.3. 5.13, ....................................... 9.13, 10.5, 14.7.6 Performance, Payment and Other ................ Bonds and Insurance -in general ................................ Builder's risk "all-risk* policy fia.........................5.6.2 Cancellation Provisions, Insurance,,,,-,,, 5.4.11, 5.8, 5.15 Cash Allowances ....................................................11.8 11.8 Certificate of Substantial Completion ........ 1.38, 6.30.2.3, .................................................14.8, 14.10 Certificates of Inspection .................. .9.13.4,115,14.122 Certificates of Insurance .............2.7. 5.3. 5.4.11, 5A.13. ._I..................5.6.5, 5.8, 5.14, 9.13.4,14.12 Change in Contract Price - Cash Allowances 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. .......................33.13. 13,14, 14.7. 15.1. 15.5 CONTRACTORS fee .........................................11.6 Cost of the Work general ............................ ................. 11.4-11.7 Exclusions to .............................................11.5 Cost Records ....................................................11.7 in general ............. J.19.1.44,9,11.10.4.2, 10.4.3. 11 Lump Sum Pricing ..........................................11.3.2 Notification of Surety .........................................10.5 Scopeof .... ...................................... ....... JO.3-10.4 Testing and Inspection. Uncovering the Work ..................................13.9 EXTDC. GENEM COMMONS 1910 -8 (1990 FD1110N) wt CRY OF FORT COLLINS MODIFICATIONS (REV 9/991 Unit price Work ] 1.9 ........................................... Article or Paragraph Number Valueof Work..................................................11.3 Change in Contract Times - Claim for times adjustment,,,,,,-.4.1, 4.2.6, 4.5, 5.15, ........... 6.8.2, 9.4, 9.5. 9.11. 10.2, 10.5. 12.1, ,,,,,,......139, 13.13, 13.14, 14.7, 15.1, 15.5 Contractual timelimitl............................. ....... 12.2 Delays beyond CONTRACTOR's control....................................................... 32.3 Delays beyond OWNER's and CONTRACTOR'S control.............................j2.4 Notification of surety.........................................10.5 Scope of change ........................................ 10.3-10.4 Change Orders -- Acceptance of Defective Work ..........................13.13 Amending Contract Document; .........................3.5 Cash Allowances..............................................11.8 Change of Contract Pricc.....................................I I Change of Contract Time; ...................................12 Changes in the Work__ ..................................... JO CONTRACTOR's fee.......................................11.6 Cost of the Work,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,•,,,,11.4.11.7 CostRecords ................................................... 11.7 definition of............. .......................................... 1.9 emergencies.....................................................0.23 ENGINEER's responsibility ....... 9.8. 10.4. 1 LZ 12.1 execution of ................................. ...................10.4 Indemnifictioq .........................6.12, 6.16, 6.31-6.33 Insurance Bonds and 5.10, 5.13, 10.5 OWNER may terminate ................ ............ 15.2-15.4 OWNER's Responsibility............................$.6, 10.4 Physical Conditions - Subsurface and.............................................4.2 Underground Facilities--............................. .3.2 Record Documents ....................... ...................6.19 Scope of Change .......................... ............. 10.3-10.4 Substitutes ............................................. 6.7.3, 6.8.2 Unit Price Work..............................................11.9 value of Work, covered by, .... .......... ............... ...11.3 Changes in the Work................................................30 Notification of surety ............................... .......... 10.5 OWNER's and CONTRACTORs responsibilities, ....................... 10.4 Right to an adjustment......................................10.2 Scope of change ......................... ............... 10.340.4 Claims -- against CONTRACTOR ............. .-................... 6.16 against ENGINEER.........................................4.32 againstOWNER...............................................0.32 Change of Contract Price .......................... 9.4, 11.2 Change of Contract Times_ ......................9.4, 111 CONTRACTOR'S.............4, 7.1, 9.4, 9.5. 9.11. 10.2. ........................... I LZ 11.% 12.1, 13.9,14.8, ......... . ............._..... 15.5, 17.3 CONTRACTOR's Fee 11.6 Article or Paragraph Number CONTRACTOR's liability,,,.....,, 5.4, 6.12, 6.16. 6.31 Cost of the Work 11.4, 11.5 Decisions on Dispute; .................. 9.12 Dispute Resolution............................................16.1 Dispute Resolution Agreement ...................16.1-16.6 ENGINEER as initial interpretot .......................9..1 I Lump Sum Pricing.........................................11.3.2 Noticeof .._......................................................1.7.3 OWNER's....................P.4, 9.5, 9.11,10.2, 11.2, 11.9 ............ ............ 12.1,13.9,13.13,13.14,17.3 OWNERS liability .............................................. 5.5 OWNER may refuse to make payment ,,,,,,,,,,,,,,,,14.7 Professional Fees and Court Costs Included ---.--- .... _............................_.......... 17.5 l decision oq. request for forma...........................9.11 Substitute Items......................._,,,,,,,,,,,„,,,,,,•6.7.1.2 Time Extension.................................................II I Time requirements .................................. 9.11, 12.1 Unit Price Work.............................................11.9.3 Valueof...........................................................1.1.3 Waiver of --on Final Payment.................14.14, 14.15 Work Change Directive.....................................10.2 written notice required ...................... 9,11. 11.2, 12.1 Clarifications and Interpretation; ,•,,,,,,,,,, 3.6.3, 9.4, 9.11 CleanSite ....................................... .... ........... .... 0.17 Codes of Technical Society, Organization orAssociation ..................................................3.3.3 Commencement of Contract Timeq....... _ .... -•--.........2 3 Communications- general...............................................62, 6.9.2, 8.1 Hazard Communication Programs_..................6.22 Completion - Final Application for Payment ..........................14.12 Final Inspection........ _ ............. ... ...... ..... ., Final Payment and Acceptance .............„14.13-14.14 Partial Utilization, ........ ......................... ........ 14.10 Substantial Completion .... .................1.38. 14.8-14.9 Waiver of Claims............................................14.15 Computation of Times .................. ............ 172.1-17.2.2 Concerning Subcontractors, Suppliers and Others ............................................... _.6.8-6.11 Conferences -- initially acceptable schedules .............................. 29 preconstructiorl.................................................. 2.8 Conflict, Error, Ambiguity, Discrepancy -- CONTRACTOR to Report ..........................25, 3.3.2 Construction, before starting by CONTRACTOR ........................................... 2.5-2.7 Construction Machinery, Equipment, etc ..................6.4 Continuing the Work............................._......6.29 10.4 Contract Documents. - Amending..........................................................3.5 Bonds-............_........._........................_..._ 5.1 Ex-w O6Nkm comnoNs I9to-s(t990 ®tnoM WI CITY OF FORT COLUNS MODIFICAnONS 0MV 9199) Cash Allowances.-......----......._... .................. ­11.8 Article or Paragraph Number Change of Contract Pricq ....................................11 Change of Contract Times...._............................12 Changes in the Work ................................ 10.4-10.5 check and verify ................................................r.5 Clarifications and Interpretation;.........................3.2, 3.6, 9.4, 9.11 definition of...._............_......._....................... 1.10 ENGINEER as initial interpreter of,,,,,,,,,,;,,,,,,, 9,11 ENGINEER as OWNETs representadvc..............9.1 gcneral3 Insurance 5.3 Intent........................................................ 3.1-3.4 minor variations in the Work.............................3.6 OWNER'S responsibility to furnish data ............... 11.3 OWNER's responsibility to make prompt payment.........................P3,14.4,14,13 precedence ...................... ......................... 3.1,3.3.3 Record Documents............................................0.19 Reference to Standards and Specifications of Technical Societies...................................3.3 Related Work .............................. ..................... Y.2 Reporting and Resolving Discrepancies,,,,,,,, �2.5, 3.3 Reuseof ............................................................. 3.7 Supplementing..................................................3.6 Termination of ENGINEEKs Employment ---------- 8.2 Unit Price Work ...............................................11.9 variations.........................................3.6.6.23, 6.23, 6.27 Visits to Site, ENGINTEWs ......... ..................... 9.2 Contract Price — adjustment of ................. 3.5, 4.1, 9.4, 10.3. 11.2-11.3 Changeof .......... .................. ............................ 11 Decision on Disputes ........................................9.11 definition of ...................................................1.11 Contract Times -- adjustment of ..........................33,4.1. 9A,10.3,12 Change of ...................... . ................ 12.1-12.4 Commencement of ............................................. 2-3 definition of ......................................................1.12 CONTRACTOR — Acceptance of Insurancq..................................5.14 Communications .....................................6.Z ...­­**.........................§.Z 6.9.2 Continue Work ........................................6.29, 10.4 coordination and scheduling............................6.9.2 definition of .....................................................1.13 Limited Reliance on Technical Data Authorized 4.2.2 May Stop Work or Term irate............................15.5 provide site access to others ........................ 7.2,112 Safety and Protection ................... 4.3.1.2.6.16.6.18, ...................................... 6.21-6.23. TZ 13.2 Shop Drawing and Sample Review Prior to Submittal .......................................6.25 Stop Work requirementq ... ........ . ............ ...... 4,52 CONTRACTOWs-- Article or Paragraph Number Compensation .................. ................... 11.1-11.2 Continuing Obligation .....................................14.15 Defective Work ...............................9.6, 13.10-13.14 Duty to correct defective Work ..........................13.11 Duty to Report -- Changes in the Work caused by Emergency ......... ............... ........ 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 ............ ....... ......... . ..................... 0.73 Equipment and Machinery Rental, Cost of the Work ...........................................11.4.5.3 Fee --Cost Plus 11-4.5-6,11.5.1,11.6 General Warranty and Guarenteq .......................0.30 Hazard Communication Programs ..................... (x22 Indemnification ....................... -0-12.6-16.631-6,33 Inspection of the Work ............................... 7.3,13.4 Labor, Materials and Equipment..... ............... 0.345 Laws and Regulations, Compliance by,,,,,,,,,,,,, 6.14.1 Liability Insurance ..............................................5.4 Notice of Intent to Appeal ....... ................. 9.10,10.4 obligation to perform and complete theWork ....................................................0.30 Patent Fees and Royalties, paid for b.................6.12 Performance and Other Bonds 5.1 Permits, obtained and paid for by.......................0.13 Progress Schedulc...........................2.6. 18.2.9,6.6, ........................................6.29, 10.4,15.2.1 Request for formal decisionon disputes,,,,,,,,,,,,, ,9.11 Responsibilities -- Changes in the Work, ........................ 10.1 Concerning Subcontractors, Suppliers and Others ..................... 6.9-6.11 Continuing the Work ........... .......... ... 0.29,10.4 CONTRACTOR'S expense...........................0.7.1 CONTRACTORs General Warranty and Guarantee. ........... ....... __ ............. 630 CONTRACTORs review prior to Shop Drawing or Sample submittal ............ ... 0.25 Coordination of Work ................................6.9.2 Emergencies,, .............................................. 6.23 ENGINEERS evaluation, Substitutes or "Or -Equal" Items.- .............. ...........6.73 For Acts and Omissions of Others ... ......................... 0.9.1-6.9.2,9.13 for deductible Rmounts,insurance ...................5.9 general ........................................0. TZ 7.3. 8.9 Hazardous Communication Programs.......... 6.22 Indemnification ............. 6.31-6.33 vit EXDC GDOLC CONDMONS 1910.8 (1990 ED1110M w/ CITY Of FORT COLLINS MODIFICATIONS (REV 9199) 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 4 Labor, Materials and Equipment ............. 0.3-6.5 Laws and Regulations .............. . ........... 6.14 Liability Insurance. .............................. ....... 5.4 Article or Paragraph Number Notice of variation from Contract Documenuk ............................. ............. 6.27 Patent Fees and Rcyahies............................6.12 Permits .............................. ........................ 0.13 Progress Schedule.........................................6.6 Record Documents 6.19 related Work performed prior to ENGINEERS approval of required subm ittalls .............................................0.28 safe structural loading .................................618 Safety and Protection .................... 6,20, TZ 13.2 Safety Representative ...................................6.21 Scheduling the Work ............................. -...6.9.2 Shop Drawings and Sample* ........................¢ 24 Shop Drawings and Samples Review byENGIN=R .......................... ........... 6.26 Site Cleanliness .......................................... 6,17 Submittal Procedures 6.25 Substitute Construction Methods and Procedures 67.2 Substitutes and 0Or-EquaI4 Items ................0.7.1 Superintendence...........................................0.2 Supervision..........._ ................ ....... ............. 0.1 Survival of Obligations ................................6.34 Taxes......................................................... . §, 15 Tests and Inspections ..................................13.5 ToReport ............................. ............. ........ . 15 Use of Premises ..................... 0.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal ........................................ 6.25 Right to adjustment for changes in the Work ..... 10.2 right to claim, _ _ _ __ - -:4, 7.1, 9.4, 9.5, 9.11, 10.2,1 LZ j 1.9. 12.1, 13.9, 14.8. 15.1, 15.5. 17.3 Safety and Protection , ................. §.20-6.22, 7.2,13.2 Safety Representative ....................................... . 6.21 Shop Drawings and Samples Submitwl; .... 6.24-6.28 Special Consultants, .......................................11.4.4 Substitute Construction Methods and Proccdurcs,63 Substitutes and "Or -Equal" Items, Exponse ........................................... 6.7.1, 6.7.2 Subcontractors, Suppliers and Otherij ........... 6.8-6.11 Supervision and Superintendence,,,,,.., 6.1. 62, 6.21 Taxes. Payment by._ ....................................... 615 Use of Premises.___ —. . . ...... ................ 6.16-6.18 Warranties and guaranteck ......................... 0.5.6.30 Warranty orride ..............................................14.3 Written Notice Required — CONTRACTOR stop Work or terminate ....... 15.5 Reports of Differing Subsurface and Physical Condition* ........................ 4.2.3 Substantial Completion...............................14.8 viii CONTRACTORS —other :7 Contractual Liabilitvinsurancc........— 5.4. 10 Contractual Time Limits .........................................122 Article or Paragraph Number Coordination— CONTRACTORs responsibility ......................... §,9.2 Copies of Documents ............................................... :2.2 Correction Period ................................................. 13.12 Correction, Removal or Acceptance of Defective Work— in general ...................................10.4.1. 13.10-13.14 Acceptance ofDefective Work ........ ............ ..... 13.13 Correction or Removal of Defective Work .......... ...... 1- ...... ... ... 6.30,13.11 Correction Period ............................................13.12 OWNER May Correct Defeedw Work ..............13.14 OWNER May Stop Work ............................. ... 13.10 Cost — of Tests and Inspection* ............. -- .................... 13.4 Records ll.7 Cost of the Work -- Bonds and insurance, additional ...................11.4.5.9 Cash Discounts ........................................ CONTRACTOR!s Fee 11.6 Employee Expenses........_ ................... . ...... 11.4.5.1 Exclusions tq 11.5 General 11.4-11.5 Home office and overhead expense* ....................11.5 Losses and damages....................................11.4.5.6 Materials and equipment ................................ 11.4-2 Minor expenses...........................................11.4.5.8 Payroll costs on changes.................................11.4.1 performed by Subcontractors ...........................11.43 Records] 1.7 Rentals of construction equipment and machinery .... . ......... .................... 11.4.5.3 Royalty payments, permits and license fees 1.4.5.5 Site office and temporary lacilitieg................ JI.4,5.2 Special Consultants, CONTRACTOR's ............ 31.4.4 Supplemental .................... _ .... ..................... 11.4.5 Taxes related to the Work ............................11.4.5.4 11.4.5.4 Tests and Inspection........_...............................13.4 Trade Discounts... .................. .......... ............ JL4.2 Utilities, fuel and sanitary facilities ..............11.4.5.7 Work after regular hours .................................11.4.1 Covering Work .... ................ ................ _13.6-13.7 Cumulative Remedies 17.4-17.5 Cutting, fitting and patching ................................... 7.2 Data, to be furnished by OWNER .............................. 8.3 Day —definition of ................................................17.2.2 Decisions on Disputes .............................. ..... 9.11,912 defective —definition of....._..................................1.14 detective Work — Acceptance of .......................................10.4.1. 13.13 SJCDC GENEM CONDITIONS 1910-8 (1990 EDITION) W/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Correction or Removal of ........... ...._...... 10.4.1, 13.11 Correction Period............................................13.12 in general ,_,.,,_.......... .—...... .......... 13, 14.7. 14.11 Article or Paragraph Number Observation by ENGINEER ................................ 9.2 OWNER May Stop Work.................................13.10 Prompt Notice of Defeok..................................13.1 Rejecting...........................................................9.6 Uncovering the Work ........................... ............13.8 Definitions..._...........................................................1 Delays ..................................... 4.1. 6.29, I2.3.12.4 Delivery of Bonds.....................................................2.1 Delivery of certificates of insurance ........................... 23 Determ inations for Unit Price; ..............................„ 9.10 Differing Subsurface or Physical Conditions — Notice of.. _... ..... _. ._................................4.2.3 ENGINEER's Review......................................4.2.4 Possible Contract Doctmnents Change ...... :........ .23 Possible Price and Times Adjustment* ............. 42.6 Discrepancies -Reporting and Resolving .................... .......... _15.3.3.2, 6.14.2 Dispute Resolution-- Agreemcnt............._.................................16.1-16.6 Arbitration ............................. .................. 16.1-16. 5 generall6 Mediation........................................................16.6 Dispute Resolution Agreement, ..... _ ................ 16.1-16.6 Disputes, Decisions by ENGINEER._..............„4-11-9.12 Documents— Copiesof ............................... _................... ....... .2 Record 6.19 Reuseof..........................................................3.7 Drawings —definition of..........................................1.15 Easements.............................................................4.1 Effective date of Agreement — definition of ............. J.16 Era ergencies ........... ..._.......... ., 0.23 ENGINEER — as initial interpreter on dispute$.................9.11-9.12 definition of .....................................................1.17 Limitations on authority and responsibilitigg„•„9.13 Replacement oC................................................. 8.2 Resident Project Representative ...........................9.3 ENGINEER's Consultant -- definition 4..................1.18 ENGINEER's-- authority and responsibility. limitations or) ........ 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 on Disputes ............ _................ 9.11-9.12 defective Work, notice of..................................13.1 Evaluation of Substitute Items ..........................0.7.3 Liability ...................................................0.32, 9.12 Notice Work is Acceptable..__........................14.13 Observations ............................. _............ Ji30.2.9.2 OWNER's Representative..............................._.-,9.1 Payments to the CONTRACTOR, Responsibility for .................................... 9.9, 14 Recommendation of Paymenk................... 14.4, 14.13 Article or Paragraph Number Responsibilities --Limitations ori................ 9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions ............................. 4.14 Shop Drawings and Samples, review responsibility.-__ ------------ _.......................... 15.26 Status During Construction -- authorized variations in the Work .................9.5 Clarifications and Interpretation; ,,,,. ............. 9.4 Decisions on Disputes ......................... 9.11-9.12 Determinations on Unit Price .................. •...9.10 ENGINEER as Initial Interpreter„-_---- 9.11-9.12 ENGINEER's Responsibilities ........... -.... 9.1-9.12 Limitations on ENGINEER's Authority and Responsibilities..............................9.13 OWNER's Representative..............................9.1 Project Representative...................................93 Rejecting Defective Work..............................94 Shop Drawings, Change Orders andPayments....................................9.7-9.9 Visits to Site,. . .............. ........... .................. 9.2 Unit Price determinations.................................9.10 Visits to Site----------------- .................. . ..... ........ .... 9.2 Written consent required .............................. 7.2, 9.1 Equipment, Labor, Materials and........................0 3.6.5 Equipment rental, Cost of the Work ................... 11.4.53 Equivalent Materials and Equipment .........................0.7 error or can issions.... .............................................. 633 Evidence of Financial Arrangenen%...................... P.11 Explorations of physical conditions ........................ .2.1 Fee, CONTRACTOR's—Costs Plug••,,,,,,,,,,,,,,,,,,_11,6 Field Order — definition of .............................. _................. .... 1.19 issued by ENGINEER ................................ 3.6.1. 9.5 Final Application for Payment ............................... 4.12 Final Inspection...................................................14.11 Final Payment — and Acceptance .................................... 14.13-14.14 Prior to, for cash allotances ...............................11.8 General Provisions ............................. ............. 17.3-17.4 General Requirements — definition of.....................................................1.20 principal references t9.............. 2.6, 6.4. 6.6.6.7.6.24 Giving Notice............_.......................................17.1 Guarantee of Work —by CONTRACTOR ........ 6.30, 14.12 Hazard Communication Program; .......................... 0.22 Hazardous Waste — definition of...................................................1.21 general............................................................. 4.5 OWNER's responsibility for..............................8.10 EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITIOM wi ary OF FORT COLLINS MODIFICATIONS (REV 9/99) Indemnification ........... ----------- --•----- .1$ 6.16, 631-6.33 Initially Acceptable Schedules ................................. 2.9 Inspection -- Certificates of.............................9.13.4. 13.5, 14.12 Final...........................................................14.11 Article or Paragraph Number Special, required byENGIINTER ..........................9.6 Tests and Approval............................A.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 .................................... 2.7 Bonds and —in general..........................................5 Cancellation Provisions.....................................5.8 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 ........................ I ............ .4.13 CONTRACTORS Liability ..................................5.4 CONTRACTOR's objection to coverage.............5.14 Contractual Liability ..................................... 5.4.10 deductible amounts, CONTRACTOR's responsibility ................................................5.9 Final Application for Payment .........................14.12 Licensed Instuers...............................................5.3 Notice requirements, material changes,,,,,,, 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 OWNERS Responsibility .................................... 8.5 Partial Utilization, Property Ltstuana................5.15 Property........................... _......................5.6-5.10 Receipt and Application of Insurance Proceeds.......... .................... _............. 5.12-5.13 Special Insurance ............................................. 5.10 Waiver of Rights..............................................5.11 Intent of Contract Docuanant* ..............................3.1-3.4 Interpretations and Clarificationg .....................3.6.3, 9.4 Investigations of physical conditions .......... _.............4.2 Labor, Materials and Equipment...........................03-6.5 Lands -- andEasements...................................................?A Availability of.............................................4A, 8.4 Reports and Tesu...............................................$.4 Laws and Regulations --Laws or Regulations — Bonds............................ ........................... 5.1-5.2 Changes in the Walt. ....................................... 10.4 Contract Documents...........................................3.1 CONTRACTOR's Responsibilities .................... 6.14 Correction Period. defichve Work .................... J i 12 Cost of the Work taxes...............................11.4.5.4 definition of .......................................... ...........1.22 genera1614 Indemnificatioq........................................ .31.6.33 Insurance...........................................................53 Precedenw.............................................. 3.1, 33.3 Reference to....................................................3.3.1 Safety and Protection ............................... 6.M. 13.2 Subcontractors, Suppliers and Otherq........ 6:8.6.11 Article or Paragraph Number Tests and Inspections..................................133 Use of Premises.................................................0.16 Visits to Site_.....................................................9.2 Liability Insurance-- CONTRACTOR`s............................................... 5.4 O W NER s...............5.s Licensed Licensed Sureties and Insurers ................................. 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 ENGINEER's authority and responsibilities..................................................9.13 Limited Reliance by CONTRACTOR Authorized......................................................4.2.2 Maintenance and Operating Manuals.. FinalApplication for Payment .........................14.12 Manuals (of others)— Precedence-, ................................................3.3.3.1 Reference to in Contract Documents ................. 3.33 Materials and equipment — furnished by CONTRACTOR........ ...................... 6.3 not incorporated in Work ........ ........... ............ 14.2 Materials or equipment--cquivalenl ...........................0.7 Mediation (Optional)..............................................16.7 Milestones --definition of,,,,,,,,,,,,,,,,,,,,,,,,,,,, ........... ).24 Miscellaneous -- Computation of Times, ..................... ................. 17.2 Cumulative Remedies., ............................ . ........ j 7.4 Giving Notice ....................................................17.1 Notice of Claim .... ...........................................17.3 Professional Fees and Court Costs Included ........ 17.5 Multi -prime contracts ........... »....................................7 Not Shown orIndicated.........................................4.3.2 Notice of -- Acceptability of Project ....................................14.13 Award, definition of.........................................1.25 Claim............................................................1.73 Defects,13.1 Differing Subsurface or Physical Conditions ...... 4.2.3 Giving...........................................................1.7.1 Tests and Inspections........................................133 Variation, Shop Drawing and Sampl4.................0.27 Notice to Proceed — definition of ............................. _............... ....... .1.26 givingof...........................................................2.3 EX= CTEN UM COMMNs I9I0-8 (IM EDITION) w/ aTy OF FORT COLUNS MODIFICATIONS (REV 9/M Notification to Surety ..............................................)0.5 Observations, by ENG041MR ............................ 6-30,9.2 Occupancy of the Work ................... 5.15, 6.30.2.4,14.10 Omissions or acts by CONTRACTOR. ............... 0.9.9.13 Open Peril policy form, Itisuratus; ..........................5.6.2 Option to Replace ....................................................534 Article or Paragraph Number 'Or Equal* Items ......................................................0.7 Other work 7 Overtime Work —prohibition of ...................... 6.3 OWNER -- Acceptance ofdefective Work ...........................13.13 appoint an ENGINEER ......................................8.2 as fiduciary ............................................... 5.12-5.13 Availability of Lands. responsibility .................... j4.1 definition of ..................................................... 1.27 data, furnish .......................8.3 May Correct Defective Work ...........................13.14 13.14 May rehire to make payment .............................)4.7 May Stop the Work ........................................13.10 May Suspend Work. Terminate ........................... $1,13.10.15.1-15.4 Payment, make prompt ..................... ;.3,14.4,14.13 performance of other work .................................. 7.1 permits and licenses, requirement ....................0.13 purchased insurance requirement},,,,,,,,,,,,,, 5.6-5.10 OWNERs-- Acceptance of the Work .............. ............... §.30.15 Change Orders, obligation to execut; ........... 8.6,10.4 Communications ............................................... XI Coordination of the Work, .................................. 7.4 Disputes. request for decision ............................9.1 I Inspection, tests and approvalq .................. ;.7, 13.4 Liability Insurance ............................................. 5.5 Notice of Defects ..............................................)3.1 Representative —During Construction, ENGINEERs Status, .................. ............. 9.1 Responsibilities — Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ................ RAO Change Orders ..............................................9.6 Changes in the Work ..................................10.1 10.1 communications 8.1 CONTRACrOWs responsibiliticit .................. 8.9 evidence of financial arrainganienta ..............?.It inspections. tests and approvali; .....................8.7 insurance...................................................... 8.5 lands and easements ..................................... 8.4 Prompt payment by .......................................8.3 replacement of ENGINEER ...........................0.2 reports and tests ........................................... 8.4 stop or suspend Work ................. $1.13. 10, 15.1 terminate CONTRACTOWs services .......................................... . 8.8.15.2 separate representative at sit4..............................9.3 testing, independent ......................................... 13.4 use or occupancy of the Work ... ..... ................5. 15. 6.30.2.4. 14.10 written consent or approval required ......................................... 9.1. 6.3. 11.4 EJCDC OLNERAL CONDMONS 1910 -8 (1990 EDITIOM w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Number written notice required ............. __ ....... 7.1. 9.4, 9.11, ........... 11.2.11-9.14.7, 15.4 PCBs__ definition of . . ....... * ....... .......... ___ .... 1-29 general........................................................... 4.5 OWNOWNER'S responsibility for .................. 0.10 Partial Utilization - definition of *""'*"*** .... ­ ...... .................. 1.28 general 6.30.2.4. 14.10 Property Insurance....._ ............ ......... 5.15 Patent Fees and Royalties ...... ................................ 6.12 PaymentBonds,_ ................................................ 5.I-5.2 Payments. Recommendation of.,,.-._.... 144-14.7. 14.13 Payments to CONTRACTOR and Completion - Application for ProgressNyments ......................14.2 CONTRACTORs Warranty of Title,,,-,.----„-- ....34.3 Final Application for Payment ........ ............... 14.12 Final Inspection .................. . ......... . ........... _14.11 Final Payment and Acceptance .............. J4.13-14-14 general............................._.........I.......... _. .3, 14 Partial Utilization.._.. _.......... _... ..............14.10 Rotainage..........................................................14.2 Review of Applications for Progress Payments, .......... . ................... 14.4-143 prompt payment ..... __ ... ..................................... $3 Schedule of Values ........................................... J4,1 Substantial Completion,_......._.............._... 14.8-14.9 Waiver of Claims .............................................14.15 when payments due ................................ 14,4,14.13 withholding payment........................................14.7 Performance Benda ...... ..................................... 5.1-5.2 Permits ..........................................................0.13 0.13 Petroleum -- definition of ............................. . ........... .......... 1.30 general............................................................. 4.5 OWNERS responsibility for...............................8.10 Physical Conditions -- Drawings of, in or relating to ........................ 4,232 ENGINEER'S review ......................................... 4.2.4 existing structures . ................................. .... _ ... 4.2.2 general4.2.1.2 ........ __ ............................................. Notice of Differing Subsurface or...................... 0.2.3 Possible Contract Documents Change„............. 4.2.5 Possible Price and Times Adjustmentii ...............4.2.6. Reports and Drawings ......................... ............ 4.2.1 Subsurface and.--- ......... ................................. _4.2 Subsurface Conditions ...................................4.23.1 Technical Data. Limited Reliance by CONTRACTOR Authorized .............. ......... 42.2 Underground Facilities - general........................................................ 43 Not Shown cc Indicited ...............................4.3.2 Protection of... ............. _ .......... _.,. _....4.3. 6.20 Article or Paragraph Number Shown or Indicated ................. __ .....................4.3.1 Technical Data................................................4.2.2 Preconstruction Conference.......................................2.8 Preliminary Matters ..................................................... 2 Preliminary Schedulq ..............................................2.6 Promises, Use of ..... _ ........... ..................... ..... 6.16-6.18 Price, Change of Contrac..............................-............I I Price, Contract --definition of ..................................1.11 Progress Payment. Applications Rx ........ __ -------- ... . 14.2 Progress Payment­rctainage ...................................14.2 Progress schedule. CCNTRACTOFVs.............16, 2.8, 19, ..... - .................... 6.6. 6.29. 10.4. 15.11 Project-dcfmition of ........ .... ............ ............... L 31 Project Representative- ENGINEERs Status During Consructiorl ......... _93 Project Representative. Resident --definition of --------- 1.33 prompt payment by OWNER.....................................8.3 Property Insurance -- Additional .........................................................5.7 gencra15.6-5. 10 Partial Utilization................................5.15. 14.10,2 receipt and application of proceeds ... ..... _5.12-5A3 Protection, Safety and ..............................6.20.6.21. 13.2 Punch list .... __ .... ....... ......... ....................... t4ll Radioactive Matcrial_ defintion of .....................................................1.32 1.32 genera14.5 OWNERS responsibility for .............................. F, 10 Recommendation of Payment ................14.4, 14.13 Record Documents., --- ............................ ..... �6,19. 14.12 Records. procedures for maintaining ............. . ........... Z8 Reference Points .......................................................4.4 Reference to Standards and Specifications of Technical Societies ................................... _...33 Regulations, Laws and (or) .......................... _ ......... 6,14 Rejecting Defective Work.-._...-...-.............................9.6 Related Work -- atSite _ ................................ ....... ............ 7.1-73 Performed prior to Shop Drawings and Samples submittals review,,,,,,,,,,,,,,,,,,,, 6.28 Remedies, cumulative .... ...... .... __ ............... _1 7.4. 17.5 Removal or Correction ofDefective Work ................13.11 rental agreements, OV#7,MR approval requirc4 .... 11.4.5.3 replacement of ENGINEER, by OWI,R ....................82 Reporting and Resolving Discrepancies.. .............................. 2,5. 3.3.2, 6.14.2 Reports -- and Drawings .................................................4.2.1 and Teas, OWNMs responsibility, . .............. _....A.4 Resident and Project Representative - definition or .....................................................1.33 provision for ............................................................ . 9.3 Xii EJGDC GENERAL COMMONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLUNS MODIFICATIONS (REV 9199) Article or Paragraph Number Resident Superintendent, CONTRACTOR's...............6.2 Responsibilities— CONTRACTORs-in general..................................6 ENGINEER's-in general ....................................... 9 Limitations on.............................................9.13 OWNER's-in general .............................................& Retainage............................. ............ ........... .... —14.2 Reuse of Documents_ ........................._..._..........._... 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal .........................6.25 Review of Applications for Progress Payments....... _.-.......................14.4-14.7 Right to an adjustment.....__..................................10.2 Rights of Way.. - -- —.-- ..................... 4.1 Royalties, Patent Fees and.......................................6.12 Safe Structural Loading ..........................................15.18 Safety -- and Protection................................4.3.2, 6.16, 6.18, ... .. ................_..... 6.20-6.21, 7.2. 13.2 general ..................... ................ ................ .0.20-6.23 Representative, CONTRACTOR's......................4.21 Samples — definitionof .... .................................................. 1.34 general.....................................................6.24-6.28 Review by CONTRACTOR ................................ .25 Review by ENGINEER..............................0.26, 6.27 related Work.....................................................6.28 submittal of................................................6.24.2 submittal procedures.........................................6.25 Schedule of progress.....................I.......2.6. 2.8-2.9, 6.6, _.........................._... 10.4. 152.1 p,1'e,6,29, Schedule of Shop brewing and Sample Submittals2.6, 28-2.9. 6.24-6.28 Schedule of Values_,_ .......... ......... ...._26, 2.8-2.9, 14.1 Schedules -- Adherence to..................................................15.2.1 Adjusting ............................................. 6.6 Change of Contract Time;.................................10A Initially Acceptable.......................................2.8.2.9 Preliminary................... _.... ........................... ..2.6 Scope of Changes, ...................................... 10.3-10.4 Subsurface Conditions ......:................................. 4.2.1.1 Shop Drawings — and Samples, general.................................6.24-6.28 Change Orders & Applications for Paymcnts, and ... .._......_....... .......... ....... ..9.7-9.9 definition of......................................................1.35 ENGINEER's approval of ................................ 3.6.2 ENGINEER's responsibility for review. ..................................... 9.7. 6,24-6.28 related Work......................._.._......................6.28 review procedures .... _............ ............ 2.8, 6.24-6.28 Article or Paragraph Number submittal required ..................... ........................ ..6-24A Submittal Procedures.........................................6.75 use to approve substitutimts,,,,,,,,,,,,,,,,,,,, _....., 6.7:3 Shown or Indicated................................................4.3,1 Site Access ....... .................................. .......... —7.2, 13.2 Site Cleanliness......................................................0.17 Site, Visits to — by ENGINEER .......................................... 9.2, 13.2 byothers ........ .......... ........... ............ - •- ..........13.2 "special causes of loss" policy form, insurance .........._.............................................5.6.2 defmition of.....................................................1.36 Specifications— def nation of ................................. ............ ,...... 1.36 of Technical Societies, reference to- ....... ......... 33.1 precedence......................................................3.3.3 Standards and Specifications of Technical Societies ........................................ 3.3 Starting Construction, Heforq..............................2.5-2.8 Starting the Work ......................... ............ .............. 7.4 Stop or Suspend Work — by CONTRACTOR ............................. _...........15.5 by OWNER ...................................... 8.9,13.10, 15.1 Storage of materials and equipment ....................4.1, 7.2 Structural Loading, Safety ....................................... 6.18 Subcontractor — Concerning, ...............................................6.8-6.11 definition of..............................................1.37 delays............................................................12.3 waiver of rights............................._.................0.11 Subcontractors --in general.................................6.9-6.11 Subcontracts --required provisions,........ 5.11. 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, 14A Schedule of Shop Drawings and Samples Submissions- ....... __......................... 2.6, 2.8-2.9 Shop Drawings ........................................ 6.24-6.28 Substantial Completion — certification of ............. ............... §.30.23, 14.8-14.9 definition of.....................................................1.38 Substitute Construction Methods or Procedures ........ 6.7.2 Substitutes and "Or Equal" [toms..............................63 CONTRACTOR's Expense ....... .......... .......... §3.1.3 ENGINEER's Evaluation 6.7.3 "Or-Equal....................................................6.7.1.1 Substitute Construction Methods siii EJCDC 06NERAL CONDITIONS 1910.8 (1990 EDITION w/ CITY OF FORT COLLINS MODIFICATIONS MEV 9199) Article or Faragraph Number or Procedures.............................................15.7.2 SubstituteItems...............................-..-..-.,....6-7.12 Subsurface and Physical Conditions — Drawings of, in or relating to.........................4.2.1.2 ENGINEER's Review ............................... _...... 4.2.4 general., ................................... ........................ 4.2 Limited Reliance by CONTRACTOR Authorized.............................................4.2.2 Notice of Differing Subsurface or Physical Conditions..........................................4.2.3 Physical Conditions.......................................4.2.1.2 Possible Contract Documents Change...............4.2.5 Possible Price andTimes Adjustments...............4.2b Repots and Drawings.. 4.2.1 Subsurfacearid. .................... ............................. A.2 Subsurface Conditions at the Site„ ................ 4.2.1.1 Technical Data.................................................4.2.2 Supervision— CONTRACTOR's responsibility........................... .1 OWNER shall not supervise................................8.9 ENGINEER shall not. supmisc................9.2, 9.132 Superintendence.......................................................6.2 Superintendent, CONTRACTORS resident ---------------0.2 Supplementalcosts, ............................................. J 1.4.5 Supplementary Conditions — definition of ............................ ._..................... .139 principal references tq,,,,,,,,,,,,,,,,,}-]0, 1.18, 2.2, 2.7, ....................... 4.2, 43, 5.1, 5.3, 5.4, 5.6-3.9, ......... S. 11. 6.8. 6.13, 7.4, 8.11, 9.3, 9.10 ........... Supplementing Contract Documen4 .........................1.6 Supplier -- definition of ............................._..... ................. 1.40 principal references tq,,,,•......}J, 6.5, 6.8-6.11, 6.20, 6.24.9.13, 14.12 Waiver Of Rig}tta...............................................0.11 Surety — consent to final payment ,............... _ ,-,,,14.IZ 14.14 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 .......................1.5 CONTRACTOR May Stop Work or Terminate...............................................15.5 OWNER May Suspend Work ......... ....... ............15.1 OWNER May Terminate .............. ._.......�5.2-15.4 Taxes —Payment by CONTRACTOR, ........................ OA5 Technical Data — Limited Reliance by CONTRACTOR .................4.2.2 Possible Price and Times Adjustments..............4.2.6 Reports of Differing Subsurface and Physical Conditions ................................... 4.2.3 xiv Temporaryeonstruction faclme4__ _--.•-_---••------4:1 &hcla or Paragraph Number Termination — by CONTRACTOR...........................................15.5 by OWNER ..................... ....... — ........ 8.8, 15.1-15.4 of ENGINEERS employment...............................$.2 Suspension of Work-in general .............................15 Terms and Adjectives..............................................3A Tests and Inspections - Access to the Work, by others ...........................}3.2 CONTRACTOR's responsibilities .....................13.5 cost of 13.4 covering Work prior t4..............................13.6-13.7 Laws and Regulations(or) ................................ 13.5 Notice of Defects...............................................133 OWNER May Stop Work ....... ....... ..................13.10 OWNER's independent testing ..........................13.4 special, required by ENGINEER ..........................9.6 timely notice required.......................................13.4 Uncovering the Work, at ENGItNEMs request .... ............................................. 13.8-13.9 Times-- Adjusting...........................................................6.6 Change of Contract ............................................ 12 Computation of..............................................17.2 Contract Times--definitiat of ...........................}.12 day........... .................................. ........-...17.2.2 MiIcstones ............................. _,................. ......... 12 Requirements -- appeals............................. _................. 9.10,16 clarifications. claims and disputes ..................9.11, I LZ 12 Commencement of Contract Times......_,,,,-•,23 Preconstruction Conference ...........................2.8 schedules ................ ....................... 2.6, 2.9, 6.6 Starting the Work .................................... ?.4 Title, Warranty of. ................................................... 14.3 Uncovering Work............................................13.8-13.9 Underground Facilities, Physical Conditions — definitionof....................................................1.41 Not Shown cr Indicated...............................-...4.3.2 protection of ............................................. 4.3, 6.20 Shown or Indicated.........................................4.3.1 Unit Price Work — claims......................... _.............................. 11.9.3 definition of....................._........-.....................1.42 generoll1.9, 14.1, 14S Unit Prices-- general11.3.1 Determination for ............................................ 9.10 Use ofPremises................................6.16.6.18, 6.302.4 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 EICDc aemLAL comnoNS I9io-8 (199a 1DITIOM wf CITY OF FORT COLLMS MODIFICATIONS (REV 9l99) Variations in Work —Minor Authorized ....................................... 6.25, 6,27, 9.5 Article or Paragraph Number Visits to Site—byENGINEER...................................9.2 Waiver of Claims -.on Final Payment.,,.,,,_„_„-,_,._„ 14.15 Waiver of Rights by insured partiq............. ...5.I1, 6.11 Warranty and Guarantee, General —by CONTRAc70R................................................0.30 Warranty of Title, CONTRACTORS ........................14.3 Work -- Accessto..........................................................1.3.2 byothers.............................................................. 7 Changes inthe............ _......................................10 Continuing the,.-, .............................................. 0.29 CONTRACTOR May Stop Work or Terminate...............................................15.5 Coordination of ................. ..................................7.4 Cost of the.............................._...............,11.4-11.5 definitionof......................................................1.43 neglected by CONTRACTOR...........................13.14 otherWork............................._............................7 OWNER May Stop Work.................................13.10 OWNER May Suspend Work...................13.10, 15.1 Related, Work at Site.....................................7.1-7.3 Startingthe........................................................7.4 Stopping by CONTRACTOR.............................15.5 Stopping by OWNER.................................15.1-15.4 Variation and deviation authorized minot......... ..3.6 Work Change Directive — claims pursuant to.............................................10.2 definition of ....................... .- ........................... .1.44 principal references to......................3.5.3. 10.1-10.2 Written Amendment — definition of_ ....................................................1.45 principal references tq.............. 1,10. 3.5. 5.10,15.12, ........................6.6.2, 6.8.2. 6.19, 10.1, 10.4, ............ ........... .....11.2,12.1,13.12.2,14.7.2 Written Clarifications and Interpretatiau...................................3.6.3, 9.4, 9.11 Written Notice Required — by CONTRACTOR.............................7.1, 9.10-9.11, ................ I ................... ....... 10.4, 11.2. 12.1 by OWNER „_„................P.10-9.11, 10.4, 11.2, 13.14 xV EICDC M-NE AL CONDITIONS 1910-5 (1"0 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) (This page left blank intentionally) xd EJCDC GENERAL COM InOM 1910-S (1990 EDITION) w/ CITY OF FORT COLUNS MODIFICATIONS (REV 9/99) Re 7I r[u0) M_M CO7&I ARTICLE 1—DEF? MONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof 1.1. Adrienda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 12. Agreement —The written contract between OWNER and CONTRACTOR oovertrg the Work to be performed: other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Payment —The form accepted by RNGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos --Airy material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid -The offer or proposal of the bidder submitted on the prescribed forth setting forth the prices for the Work to be performed. 1.6. Bidding Doctments—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). 1.7. Bidding Requirements -The advertisement or invitation to Bid, instructions to bidders, and the Bid form. 1.8. Bore —Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommenced 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 or the Contract Times, issued on or after the Effective Date of the Agreement 1.10. Contract Documents —The Agreement Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the EJCDC OFTR:'& a CONDIMON51910-8(1990 Eation) M CITY OF FORT COLUNS MODIFICATIONS (REV 4120DO) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5. 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 end 6.27 and the reports and drawings referred to in paragraphs 42.1 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 accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. 1.13. CON7RAC7'OR--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 unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documcnts, or has been damaged prior to ENGMEER's recommendation of final payment (unless resporstbility 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 furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined 1.16. Effective Date of the rlgmement—The date indicated in the Agreement on which it 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 Consultant --A person firm or corporation having a contrail with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Rice or the Contract Times. SECTION 00020 INVITATION TO BID 120. General Requirements -Sections of Division 1 of the Specifications. 1.21. Hazardous Waste -The tens Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal AG (42 LJSC Section 6903) as amended from tam a to time. 122:4; Lass and Regulations; Laws or Regulaiions-Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bo im agencies, authorities and courts having jurisdiction 1.22.b. Le7a111ohdatw--shall be those holidays observed by the City of Fort Collins. 123. Liens -Liens. charges, security interests or encumbrances upon real property or pasonal property. 1.24. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice ofelward--A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein. within the time specified, OWNER will sign and deliver the Agreement. 126. Notice to Proceed -A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Tames will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contact Documents. 1.27. OWNER -The public body or authority. corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom fix Work is to be provided 128. Partial Utilization -Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 129. PCBs -Polychlorinated biphenyls. 130. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mined with other non-Iazadous Wastes and crude oils. 1.31. Project-Thc total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contact Documents. 1.32.a. Radioactive Material -Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of EJCDCOENQiN. COND11IONS 191" (1990 E(kkn) wi CITY OF FORT COLD NS MODIFICATIONS (REV 42000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.32.b- Reerdar Working Hours-Rmular working hours arc defined as 7:00am to 6:00pm unless otherwise specified in the General Requirements. 1.33. Resident Project Represematir•e-The authorized representative of ENGINEER who may be assigned to the site or any part thereof 1.34. Samples -Physical examples of materials equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged 1.35. Shop Drauings-All drawings, diagrams, illustrations• schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications -Those portions of the Contact Documents consisting of %;Tincn technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor --An individual, firm or corporation having a direct contact with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion -The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidetuxd by ENGINEER's definitive certificate of Substantial Completion it is sufficiently complete• in accordance with the Contact Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intcnded; or if no such certif Bate is issued when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terns "substantially complete" and "substantially completed" as applied to all or par of the Work refer to Substantial Completion thereof 1.39. Supplementary Conditions -The part of the Contact Documents which amends or supplements these General Conditions. 1.40. Suppher--A manufacturer, fabricator. supplier, distributor, materiahman 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 Facilities -All pipelines, conduits, ducts, cables. wires, manholes. vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television. sewage and drainage removal, traffic or other control systems or water. 1.42. Urdt Price Work —Work to be paid for on the basis of unit prices. 1.43. Rork --The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents_ Weak includes and is the result of performing or furnishing labor and furnishing and incot'pnmting materiaLs and equipment into the construction, and perfotmmg or furnuJung services and furnishing documents, n1l as required by the Contract Doatmentt 1.44, Rork Change Directive —A written directive to CONTRACTOR issued on or alter the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an additim, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragmph4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Timers, but is evidence that the parties cxpect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2 1.45. 3 iitten Amenatirtent—A written amendment of the Contract Documents. signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the roncnginc:ering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2—PRELIhfINARY MATTERS DeM'ery of Ban&.' 2.1. When CONTRACTOR delivers the executed Agreements to OWNER CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to flattish in accordance with paragraph 5.1. Copies ofDoczare aw 2? OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction Commencement of Contract Timex; Notice to Proceed- 2.3. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement, or, Etcoc aMRAL CONDITIOM 1910-8 (1990 Emtim) Wf CITY OF FORT CDLLNS MODIFICATIONS IREV VMO) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. ANotice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. L. Qffism'u Timm of Rid opening or the thirtieth day after-the-EtFectwv Date of the Aueement, whichever date isearlier: Starting the Work: 2.4. CONTRACTOR shall start to perform the Weak on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run Before Shvftg Construction: 2.5. Before undertaking each part of the Weak. CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER ary conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thercby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have knowm thereof 26. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for startup and completing the various stages of the Work including any Milestones specified in the Contract Documents; 2.6.2. a preliminary, schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 2621 In no case will a schedule be acceQtgble w}rich allows less tFmn 21 wlerdar days for each review by Enpineer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices or items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at rite site is started. CONTRACTOR and O;Wlgi shall eeeh deliver to the ether OWNER with copies to identified in the Supplementary Canditior's ENGINEER certificates of insurance (and other evidence of insurance reaseiiabb, request requested by OWNER) which CONTRACTOR s requred to purchase and maintain in accordance with paragraphs 5.4, R ate{ 5.7. Preconstmetion Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in pnmgraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Inidauy Acceptable Schedules 2.9. Unless otherwise provided in the Contract Documents; at least ten days he4w galmnissien of the ft Appliestien feFpaymwM before any work at the site begins a conference attended by CONTRACTOR, ENGINEER and others as appropriate egn fed by OWp ER will be held to review for acceptability to F,'NGAER as provided below the schedules submitted in accordance with paragraph 2.6. and Dlymm-j _ rQmeepL-J SNI!.ilS'.c1EClt3, CONTRACTOR shall have an additional 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 acceptance will neither impose on ENGINEER respemsibdity for the sequencing scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full respombility therefor. CONTRACTOR'S schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submimis CONTRACTOR's schedule of values will be acceptable to LNGINEER as to form and substance, ARTICLE 3--CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called fa by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. it is the intent of the Contract Documents to EJCDC OENStAL CONDITIONS 1910 9 6"0 E&ticn) w! CITY OF FORT COLLINS MODIFICATIONS (REV 42000) describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custum or trade usage as being required to produce the intended result will he furnished and performed whether or not specifically called for. When words or phrases which have a well-ltnown 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 interp retatiors of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifcadons of Technical Societies, Reporting and ResoMng Discrepancies 33.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, 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 tim a of openin$ of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. ll� during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6, 5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in pamgraph3.5 or 3.6; provided however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. 33.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error• ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard. specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.32. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documcnts would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, cock or instruction shall be effective to change the duties and responsibilities of OWNER CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEERs Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documcros the terms "as ordered", "as directed", "as required", "as allowed", "as approved' or terms of like effect or import are used, or the adjectives "reasonable', "suitable`, "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requireruem, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specift statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to DNGRN'EER any duty or authority to supervise or direct the famishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing CoaOad Documents 3.5. The Contract Documents may be amended to provide for additions, deletions mid revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendincnt, 3.5.2. a Change Order (pursuant to paragraph 10.4), or EJCDC OENFRAI. CONDITIONS 1910-8 0 M EC16M) w/CI Y OF FORT COUIM MODIFICATIONS CREV 4I1000) 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition. the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.6.1. A Field Order (pursuant to paragraph 9.5), 3.62. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27). or 3.6.3. ENGINEERS written interpretation or clarification (punvant to paragraph 9.4). Reuse ojDocumeaa: 3.7. CONTRACTOR and any Subcontractor or Supplier or other person or orgaruartion perl'ormin$ or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (it) shall not reuse arty of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4-AVAELABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POEM Availability off ands: 4.1. OWNER shall furnish. as indicated in the Contract Documents, the lands upon which the Work is to be perforated, rights -of --way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR Upon reasonable written request. statementoftecerd legal -title -and -legal -description -of the lands -upon -which- the -W4 k k ki -bet- perkain al and AW#1£R's-interest-Fhereirras-iwcessary-for-giving notice of er€tlit>g-e--meeltettics-11ett--sgeinst—sue lands -in aeoeFdanati -with appheable Laws and Regulations OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in perfuming the Work. Easements for permarient structures or permanent changes in existing facilities will be obtained acid paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNERs famishing these lands, rights -of - way or easements, CONTRACTOR may make a claim therefor as provided in Articles I I and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 42 Subsurface and Physical Condidons: 42.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of 42.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents: and 42.1.2. Physical Conditions. Those drawings of physical conditions in or relating to existing surface or subsurface structrres at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Docmnents. 4.22. Limited Reliance by CONTRACTOR Atahorized; Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER ENGINEER or any of ENGINEER's Consultants with respect to: 42.2.1. the completeness of such reports and drawings for CONTRACTORS purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 4.222. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 42 2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or an such data, interpretations, opinions or reformation 4.2.3. Notice of Differing Subsurface or Physical Conditions. If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is Uncovered or revealed either. 42.3.1. is of such a mature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2. l and 4.2.2 is materially inaccurate, or 41.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.33. differs materially from that shown or E=CGEMMAL CONDITIOM 1910-8 099a Edition) m/ CITY OF FORT CUU NS MODIFICATIONS (RLV 4/2000) indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Docum eats; then CONTRACTOR shall, premptly nnmediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permimed by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertincm conditions, determine the necessity of OWNER'S obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR.) of ENCHNEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: if ENGINEER concludes that a change in the Contract Documents is required as a result ora condition that meets one or more of the categories in paragraph 4.2.3, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possibly Price and Timis A ftsmrents: An equitable adjustment in the Contract Price or in the Contract Timor, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOWs cost oC or time required for performance oL the Work; subject, however, to the following: 4.2.6.1. such condition must meet any ore or more of the categories described in paragraphs 4.2.3.1 through 42.3.4. inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor 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 Price will be subject to the provisions of paragraphs 9.10 and 11.9. and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR blew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated comnect, or 4.2.6.4.1 the existence of such condition could reasonably have been discovered or revealed as a result of any examination. investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR'S making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any, such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles I i and 12. However, OWNER ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project 4.3. Phtuicat Conditions -Underground Facilities: 4.3.1. Shown or lmlcated: 'rhe information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based an information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 43.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data (il) locating all Underl;round Facilities shown or indicated in the Contract Documents,(iu) coordination of the Work with the owners of such Underground Facilities during construction and (iv) the safety and protection of all such Underground Facilities as provided in paragraph6.20 and repairing any damage thereto resulting from the Wok. 4.32. Not Shom 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 immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph6.23). identify the owner of such Underground Facility and EJCDC GENERAL. CONDITIONS 1910-8 (1990 E(litim) W CITY OF FORT COLLINS MODIFICATIONS (REV 417000) give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility and determine the vum if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. if ENGINEER concludes that a change in the Conntract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility is provided an paragraph6.20. n CONTRACTOR may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Ccmtract Tines, CONTRACTOR may make a claim therefor as provided in Articles I i and 12. However, OWNER, ENGINEER and ENGINEER'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. Werence Points: 4A. OWNER shall provide ergincering surveys to establish reference points for construction which in ENGINEER's judgmem are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER wherever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall he responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, ilarardars Waste or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleam, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings 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 exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible 4:§:2.--GONTrj%( TOR shall immediately;--(i}stop all )Val4i in. nofffW.;. ufi suoh- rrotice--i n -xrit ir>g�: —F?W N ER-,slm 8-promptly consult with-ENGMEHRevneerning the necessity for ©W l 3R-:o retain qualified expert to evaluate such EBN KA(V)R­shsll-trot-be required -to -resume -Work any -required -permits related thereto and deliverelto that suchmndition and any at%cte� era3- is er l3os�aen spas Eli =15-Widl'i h4terl- We& ri.TRACT n�mw/oir the amount _ .. A'.. _ if .. feaFrust Rica-uF-C�t f-suck "�^�.�1;-�;�-0r-sash-spwie�l-eeraditians-under -which WeFli is agreed by to be Fegunied; either ,t�}_4f-after _receipt __�r ,_,�xeialwFitra-tteriee EONFFRACTOR-does not Wee to resume such -work based en a reasonable belief i! is tft%le, of does ns sonditiet-thetr� rok Gan, tsgrer-es-tErerttitlam.ant-trios-the-emourtt-orrtenE-of-an eithef-party-may-makes claim-thereforns provided -in ArSeles-N and 11 GVAiE may have _wee delete. portion- of ge ned-by-O]Aq ERs own fonxsor-odners i naccordaric with4u icle-7- Regulatiors�WNER sbwlF ittdamni[y ands.told harmless 6CNTRAETOR�Suboontr tors, oEiicem direotors, - employees.---agents--otltar consu#ants and suhcuniracttas-Anf-each-rind--my-{)f them -from -and. against -ell claims eostlaxves-and damages--ari.sing--att--o€-er-resulting--from -such hitiork-p •aim; cost: loss -or damage -is -attributable -to- bodikf-injtui sicknats-rlisaxna-orMtruouan of tangible pfop" .L.... .Le u•.,a. :..eln including --the loss of user-resulting-tharatirrnn.-and (ii)-nethint; in-tbas-sabpanagmph-44�-4mll-obligate 0AWER-to indemnify-arty-person-or-entity-kom-and ownnegligawt- ve Ivfaterteluv+sed �{6Ya81Qd-aI iltPSaa- i:ICDcuE mtAL coNDlnots ivies (tggoEatim) w! CITY OF FORT COLLtMS MODI ICATIOM (RIV 4r1000) ARTICLE S-BDMS AND INSURANCE Performance, Payment and Other Bonds: 5-1. CONTRACTOR shall fun sh Performamx and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due- except m provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also famish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the fain prescribed by the Contract Documents except as provided otherwise by Laws or Regulations and shall be execute{ by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bands and as Acceptable Reimsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond famished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business it terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1. CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER 5.3. Licensed Sureties and Insurers; Certificates of Insurance. 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions, 5.3.2. CONTRACTOR shall deliver to OWNER, with oopies to each additional insured identified in the Supplementary Conditions- certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. OWNER -skald addanial-insured-identified in the Supplementary paragmphs-5.6and--s 7 hereof C0NTR4CT0R's Liability Inawnce. 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and famished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and Furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of then to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers compensation. disability benefitsand other similar employee benefit acts; 5.42. claims for damages because of bodi injury, occupational sickness or disease, or th of CONTRACTOR's employees; 5.43. claims for damages because of bodily injury, sickness or disease. or death of any person other than CONTRACTOR's employees; 544.-claims--for-dataega-insured-ly-cvstottory etdirzetlyl-related-to _ -the•-eatpki. at ofjuch-i er-'nn by ether reaser4 _ 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 pawn or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7, with rmpect to insurance requirml by paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9, include as additional insureds (subject to any customary exclusion in respect of professional liability). OWNER ENGINEER BNGINEER's Consultants and any other persons or entities identified in the Supplementary Cond itiom all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.9. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Carxlitions or required by Laws or Regulations, whichever is greater, 5.4.9. include completed operations insurance; &CDCas.4RM COIroUMOrs Ivto.s (IM edtim) w/aTY OF FORT COI.UM MODIFICATIONS ULEV 42000) 5.4.10. include contractual liability insurance cov niitg CONTRACTOR's indemnity obligations under paragraphs 6.12. 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional irutred identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.32 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting. removing or replacing diefec-five Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall famish OWNER and each other additional insured identified in the Supplementary Conditions to Whom a certificate of insurance: has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER's lrabiMy Imbalance: 5.5. In addition to insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER'* option, may purchase and maintain at OWNER's wgxnse OWNER's own liability insurarice as will protect OWNER against claims which may arise from operations under the Contract Documents Property Insurance: 56: - - -braless-otherwise prow iced-itt the Supplementary Contditions;--OWNFiR- s1mtH-purrA>asr�nd-maintain --suranee upon the War* at Ote stie in the nfneun eT-rite � fuU-feplaeatuerx-cost-thereof-(subjedt-to-sack deductible- -amounts as may .-be ....prcwid6d---ir--the Supplementary--Gonditiens -or--required-maws--and Regulatter*}-T u"nsurenoe shape 36�. vi3{ttde-�3x irnerests—ef---- 93NNER- entities.-idaatifaedl-ire-Ehr Supplementasy-G;ordlitiorrR eseh oEwhenr-is-deemed to have an insurable-vtereat maidshail-ba-listad$sao-iroured ur-additional-irts�txad; 5.6.2. -be-written-on-a-Buikke.&-Risk=ekl--ram- an the -fallowing--perils metre— Winded covvrage, tl»R, varnielisnt eFui-naelicious mischief, 069fiSiefiOd la)' efff4aFG0MMI Of 4.6.3.-inciuiJe-eapertses tmutred-i r the-iepair- or raplacam�rtof nny nsurad-property4mclWing-but riot architects , or -at -another- location -that -was -agreed to rwRcing-hy fixewdad-that-lash-tttetertals andachutpmertr-have-bean -Awriting-- vy L' ate. •a tr-n9FtC2-,a each other Additional 5.7. Cp ..L..1----- .-,!main-suoh--boiler and maehinefy nsuranee or additional Pr:.l Faans as may be -required .by the. Supplementary Conditions or cnrr_rnrrco Consultant raaff _...__..her persons _.. _.. or-entitiesis deemed to have an insurable tritefest and shell be listed as An irawed or additional mmlre& --o „he. .'.1-_...,. .6 _.,.,? ..q .'....1 a be pure isej a"a l maintained by-GW^NTsR in -accordance -with paragraphs S.6 hat the and �7 will covamge-afforded- w ll-t a ba- oanoallad or--matatiaNy changed oe rartawa! refused etatil at kesFthir Jaye prior written—notice--hits---been-Siven-tcr--OW-1`TGR--oral when-e-eenificatr4-irisuFarme4m!.-b eat-rsssued-and will contain—waiver--prowrorw—irr aceordenee with fP>t 5.1I,' 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR. Subcontractors or others in the WaFk to the eeitent of arty s that -area fled--i c-Supplemerttahy-Corrditions:—The-risk-of ranotim; will be home such4le and-if-any-of-ttwm-wishes...property-insurance coverage-within-ihr--limits�f-such-amounts;-cvch -may purcheseand n ^ _ , purchase4-ownaxipense. 6:1A—�f-60N'fRAF FE)lk-requests-ur-venting-that-oilher 1 -Change a E1CUC OLNULAL CONDIMOM 191" (1990 E(ktim) 10 w/ Ci'ry OF FORT COLLINS MODIFICATIONS (ItEV d2000) commencement -of t ie WorkttW site; �W T� shall -in 1 nn1.ITn A nrnn 3:-I-k:-1--9WF3ER-an.�t.-�-,Q.�..�mtrnd thatsl3 po}ieaas purchased -in aeooedanse�vitk-paregrephstG ,._,1 57 %ci4l protect nirU rn�lrnr Arnn Sulatontraetars; - �6lr�lTiCEhs;x I�R1GIIIiE£R's insureds-or-additiomI -insureds-in-suer-policies-and =wis'm"' for a damages-�-the-paril_zovered-therefy--Ail in !he event of payment af arty less ef damage-dw payable underany-peliay-soissued. 5'1�a !A Wditialt QWPA;R waives all fig against- 4GONTRAC,TOR 5ubcontractOF, otTioars if ractor�employeas andaga his 4-any-of dram; feFr of- iw--er--other- consaquentlal- floss-e9ttendmg bayoW-direct- physical--khss-er-4amage -to GAWER erisitig-oz}fotor-ras�lting-fran-6re or -cilia- peril; whetiar-or nra-insuntid.by�and 5.1-1-2-2,_.-- loss or-damage-tothe-completad Pm�eateFpe thereof caused by, arigi out -of -or ras}ti &om-ftrr or edxr irtsurad peril coyered during—partial—+rtili�tion--guesuarrt—to pars(paph44.44, -after -Substantial--CCompletion pursuant toptieagraph-k4.&or--e4%r-foal-peymant le t �t-of -p tyn errt�tai} s+tak-less damaat 6E1R;@grMgFlal--l(Y:S-fhvrz,..ror-� _..-r.. _••:II I.g.�.�,F. _r.Zi^s'rf ReceiptandA,Wficafion oflnuurance Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNEIZ as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of putagraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach If no other special agreement is reached the damaged Work shal I be repaired or replaced the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13, OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of low 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 such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers Acceptance of Bonds and lnmrance,• Option to Replace: 5.14. If OWNER has any object on to the coverage afforded by or other provisions of the Boads-or insurance required to be purchased and maintained by the Y CONTRACTOR in accordance with Article 5 on the basis of nonconformance with the Contract Documents, the ubjeetingparfy-shall-s�other-party OWNER will II& QQ�11'13A= in writing within ten CEn days after Feeeipt delivery of the certificates (er--other-evidertoe regtrssfsd) to OWNER 4 required by paragraph 17. Wier -such additierni-viformetion -tin [aspect-� irnuran e prow icled-a sikie-other-may-ra�sona t+lY--ragddd�eA--{t-�ithxr party -does not purchase -or maintain-211-0C-the-BM(IS and etsuranea-€squired-�f such --party -by the Contract Doeuments, such party shall neti�- -porky--vt writing -of such -fadure4e-purchase prior to the star -of the Wyk-errOf Prier tt*an�%'shonge-+n or -remedy, -the ahsr-party-Iffil"led-t)tbtainequivalent Borxls-orinyLvandz-to-prakctsac}te>!im'-patty's-interc�slsst the experisa-of-ths-party-who-was required -to -provide such wor"Y Partial Utilization —Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial EXI)C OENEM COMITiON81910-8 (1990 E(ition) Wf CITY OF FORT COLW NS MODIFICATIONS OLEV 4/2a00) Completion of all the Work, such use or occupancy may be accmnplished in accordance with paragraph 14.1Q provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6-CONTRACTOR'S RESP'ONSIBILITM Supervision and Saperintendence: &I. CONTRACTOR shall supervise, inspccr and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely resportsiblc for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident smperinterident, who shall not be replaced without written notice to OWNER and ENGiNEER except under extraordinary circumstances. The superintendent will be CONTRACTOR'S representative at the site and shall have authority to act on behalf of CONTRACTOR All commumeations to the Superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 63. CONTRACTOR shall provide competent• suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday. Sunday cT any legal holiday without OW+NER's written consent given after prior written notice to ENGLNEER. CONTRACTOR shall submit requests to the ENGINEER no less than 48 hours in advance of any Work to be performed on Saturday. Sunday. Holidays or outside the Regular Working Hours. M