The URL can be used to link to this page

Home My WebLink AboutRFP - 8123 CURED-IN-PLACE PIPE FOR SANITARY SEWERS STORMWATER MAINS REHABILITATION (3)REQUEST FOR PROPOSAL 8123 CURED-IN-PLACE PIPE FOR SANITARY SEWERS/STORMWATER MAINS REHABILITATION The City of Fort Collins is requesting proposals from qualified contractors for Sanitary Sewers/Stormwater Mains Rehabilitation. Various sizes of pipe are to be rehabilitated using the Cured-In-Place Pipe process. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals instead, four (4) copies, will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock), May 26, 2015 and referenced as Proposal No. 8123. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. All questions should be directed to Pat Johnson, Senior Buyer, at pjohnson@fcgov.com. All questions must be submitted in writing via email no later than 5:00 PM our clock on May 18, 2015. Questions received after this deadline will not be answered. A copy of the RFP may be obtained at www.rockymountainbidsystem.com. The City of Fort Collins is subject to public information laws, which permit access to most records and documents. Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. 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- 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 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 1 of 82 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. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. In no more than two (2) pages please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates the Triple Bottom Line into our decision process by including economic (or financial), environmental, and social factors in our evaluation. The selected Service Provider shall be expected to sign the City’s standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry S. Paul Director of Purchasing & Risk Management 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 2 of 82 REQUEST FOR PROPOSAL 8123 CURED-IN-PLACE PIPE SANITARY SEWERS/STORMWATER MAINS REHABILITATION I. HISTORY: Over the last thirty (30) years the City of Fort Collins has installed on the average 2,000 to 3,000 feet of 8” and 1,000 to 1,500 feet of 10” cured-in-place pipe. Over a three year period in the 1990’s an average of 700 feet of 21” and 800 feet of 18” cured-in-place pipe was installed. Additionally in the late 1990’s and early 2000’s an average of 900 feet of 24” and 1,000 feet of 12” cured-in-place pipe was installed. The City of Fort Collins selectively used 6” cured-in-place pipe in 1987 200 feet, 1994 260 feet, 1,250 feet in 1999 and 430 feet in 2009. II. PURPOSE The City of Fort Collins is requesting proposals from qualified Contractors for Sanitary Sewers/Stormwater Mains Rehabilitation. Various sizes of pipe are to be rehabilitated using the Cured-In-Place Pipe process. III. SCOPE OF WORK: The following scope of work is a minimum requirement for Cured-In-Place Pipe Contractor: 1. Pipe Diameter Sanitary Sewer 2. Pipe Diameter Storm Sewer: 10” VCP 5 lineal feet 12” VCP 329 lineal feet 18” RCP 675 lineal feet 24” VCP 4 lineal feet 3. Service Connections: Service Connections: 130 Protruding Taps: 20 4. Schedule: All work to be completed within 90 days of notice to proceed. Issuance of RFP May 8, 2015 RFP Questions Due May 18, 2015 RFP Proposals Due May 26, 2015 Notice of Short List June 5, 2015 Interviews (tentative) June 11-12, 2015 Begin work (tentative) June 22, 2015 8” VCP 4,000 lineal feet 12” VCP 1,000 lineal feet 18” VCP 1,200 lineal feet 24” VCP 1,600 lineal feet 30” RCP 100 lineal feet 36” RCP 800 lineal feet 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 3 of 82 5. Preconstruction Conference: After the contract award and prior to commencing work, the contractor will attend a preconstruction conference. The contractor will have the following submittal available for City of Fort Collins approval: Traffic control plans, Fire Hydrant metering, Homeowner notification letter, summary of equipment to be used, sources of materials, summary of trenchless lining method to be used, subcontractors, proposed method of handling existing sewage while replacing lines. 6. Hours: Working hours are from 8:00 am to 5:00 pm Monday through Friday and does not include City recognized holidays. City Project Manager may agree, in writing, to overtime or holiday work. 7. Confined Space Entry: The workplace contains permit spaces and entry is allowed only through compliance with a permit-required confined space program meeting the requirements of 29 CFR 1910.146. Any Contractor retained by the City of Fort Collins to perform permit space entry operations shall: Inform the City of Fort Collins of the permit space program that the contractor will follow and of any hazards confronted or created in permit spaces, whether through a debriefing or during the entry operations. 8. Traffic Control: The contractor shall follow all City of Fort Collins codes and regulations, which include the “Manual of Traffic Control Devices” and the “Colorado Supplement” to this manual. The Contractor will submit a written Traffic Control Plan in accordance with previously mentioned codes and manuals. When the contracted project requires more than one traffic control plan, more than one will be provided. All traffic control plans will be submitted to the Traffic Operations Superintendent. The Contractor shall appoint a Traffic Control Supervisor to this project. The Traffic Control Supervisor shall be certified as a Worksite Traffic Supervisor by the American Safety Services Association (ATSSA). Traffic control is to be paid for as part of the unit price for various other work and shall not be paid for separately. 9. Permits: Projects within the State Highways require a permit from the Colorado Department of Transportation. Contractors cannot obtain permits directly from the state. The contractor shall make application to the City of Fort Collins by filling out the appropriate forms. Before and after normal working hours 8 am to 5 pm the City of Fort Collins requires a noise ordinance variance permit which can be obtained from the Code Compliance Supervisor at 970 –221-6675. If contractor vehicles or equipment are parked in designated parking areas parking permits will need to be obtained from parking enforcement at 970- 221-6617. 10. Materials: The tube requirement shall meet the requirements of ASTM F1216. 11. Pumping and Bypassing: When pumping and bypassing is required, the Contractor shall supply the pumps, conduits, and other equipment to divert the flow of sewage around the manhole section in which work is to be performed. The bypass system shall be of sufficient capacity to 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 4 of 82 handle existing peak flow plus additional flow that may occur during a storm. The bypassing system shall be water tight and not leak. The contractor will be responsible for furnishing the necessary labor and supervision to set up and operate the pumping and bypassing system. At no time will the bypass operation be unattended. Pumps shall be equipped in a manner to keep hose noise to a minimum. Standby equipment will be available to allow continuous operation of bypass pumping despite equipment, pump, or generator failure. All bypassed sewage flow shall be returned to the sanitary sewer system. The bypass piping shall not interfere with traffic unless absolutely necessary. The use of steel plates or other ramp materials is anticipated. With this type of sewer line rehabilitation, interruptions of the normal flow of sewage from residences and businesses are expected. The contractor will be responsible for notifying the affected users and insuring that any interruptions are as brief as possible. 12. Flow Control Precautions: Precautions must be taken to insure that sewer flow control operations do not cause flooding or damage to public or private property being served by the sewers involved. Contractor will be liable for private property damages caused by sewer blockages resulting from contractor’s activities or lack of action to prevent. Contractor will be liable for punitive damages should the City of Fort Collins be fined by a regulatory agency because of the contractor’s failure to control sewage flow. 13. Cleaning of Sewer Lines: The contractor will remove all internal debris out of the sewer line that will interfere with the installation of cured-in-place pipe. The contractor will be responsible for disposal of all debris removed from the sewers during cleaning operation. 14. Line Obstruction: It will be the responsibility of the contractor to clear the line of obstructions such as solids, roots and protruding service connections that will prevent the insertion of the liner. If inspection reveals an obstruction such as protruding service connection, dropped joint, or a collapse that will prevent the cured-in-place pipe process, and it cannot be removed by conventional sewer cleaning equipment, then the City of Fort Collins project manager will make a decision for the appropriate action prior to the commencement of the work. 15. Service Line Location: During the inspection of the sanitary and storm sewer lines the contractor will be responsible for locating all service connections to the sanitary and storm sewer mains. The contractor will also determine if each individual service connection is active or inactive and to what property they are connected. Inactive service connections may or may not be reconnected. The project manager will make the final decision on reconnecting inactive services. 16. Inspection of Pipelines: Prior to lining the pipe the contractor will clean and television inspect the sanitary and storm sewer lines. The contractor will inspect the sanitary and storm lines with a closed circuit television unit (CCTV). At the time of this inspection the contractor will produce a hard copy TV reports and video tapes of the complete project. 17. Public Information and Notification: 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 5 of 82 The contractor will be responsible for contacting each home/apartment or business connected to the sanitary sewer informing them of the work to be done, and when the system will be off line and including but not limited to the following: a. Written notification to be delivered by mail one week prior to installation to each home or business describing work, schedule, what impact or how it affects tenants or owners, and a local telephone number of the contractor they can call to discuss the project or problems. This is mandatory no exceptions will be allowed. b. Personal contact with homeowners on the day of pre-installation inspection of the sewer. Each lateral shall be verified by having the owner/tenant run water down their drain. If the owner/tenant is unavailable, other arrangements shall be made to drain water through the lateral. c. Personal contact with owner/tenant and written notice the day prior to beginning reconstruction of the section of sewer to which they are connected. d. Personal contact with any home or business which cannot be reconnected within the time stated in the written notice. e. If required by a served business or homeowner, portable toilets for use by the occupants will be furnished and serviced by the contractor. The cost of these items is considered to be included in the cost of the cured-in-place pipe installation. No additional payment will be made for these items. f. Daily notification of job location and schedule to the project manager is mandatory. This will be accomplished by emailing a report the night before or on the morning work will begin. This will be done for each location. The City of Fort Collins Utilities project manager will provide the necessary email information at the introductory meeting. g. The use of water from fire hydrants will be free to the contractor. However a hydrant meter/backflow preventer with auxiliary valve will be connected to the approved fire hydrant. Only fire hydrants approved by the City of Fort Collins will be used. All fire hydrant use will be coordinated through the Water Utilities leak detection specialist Lindy Westcott @ 970-221-6234 or 970-222-0064. 18. Installation: Cured-in-place pipe installation shall be in accordance with ASTM F1216, Section 7. The quantity of resin used for tube impregnation shall be sufficient to fill the volume or air voids in the tube with additional allowances for polymerization shrinkage and the loss of resin through cracks and irregularities in the original pipe wall. A vacuum impregnation process shall be used. A roller system shall be used to uniformly distribute the resin throughout the tube. 19. Reinstatement of branch connections: Branch connections will be reopened without excavation, utilizing a remote controlled cutting device, monitored by a video TV camera. The contractor will certify they have a minimum of two (2) complete working cutters before reconstruction. No additional payment will be made for excavations for the purpose of reopening connections and the contractor will be responsible for all costs and liability associated with such excavation and restoration work. No service connection will remain out of service for more than 24 hours without the contractor providing some means of temporary facilities or hotel 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 6 of 82 accommodations for the residents. Service lines will be reconnected with 100% of their original capacity. 20. Quality control: The contractor will be responsible for the quality, safety and protection of work until accepted by the City of Fort Collins. 21. Inspection: Cured-in-place pipe samples will be prepared and tested in accordance with ASTM F1216, Section 8.1 using method 8.1.1 when space and size permits. The results will be submitted to the City of Fort Collins. A television inspection of the completed project will be performed by the contractor. The City of Fort Collins will have a representative present at the time of this inspection. At the time of this inspection the contractor will produce a DVD of the entire project. These video DVD’s will be delivered to the project manager at completion of the project. The contractor will maintain bypassing operations during this inspection so the entire circumference of the pipe can be viewed. Prior to expiration of two (2) years from date of substantial completion, the City of Fort Collins project manager will make visual inspection of the project in company with other representatives of the City of Fort Collins to determine whether corrective work is required. The contractor shall attend this inspection if requested by the City of Fort Collins. 22. Clean up: Upon acceptance of the cured-in-place pipe installation and testing, the contractor will reinstate the project area affected by the operations. Waste material will be disposed of by the contractor at his expense. 23. Measurement and payment: Payment will be made based on unit price of material actually installed in the sanitary and storm water systems. Measurement for cured-in-place pipe payment will be that footage measured from center of manhole to center of manhole or actual length of line. 24. Warranty: The contractor and the manufacturer shall warranty all materials and workmanship for a period of two (2) calendar years. The warranty shall cover, but not limited to the following: Defects discovered in material used in the project. Failure of liner to remain formed to the previously existing sewer line. Lateral connections that were active but not reconnected to the line at the time of construction. Any damages resulting from same. 25. References: The contractor will provide to the City of Fort Collins all references both past and present projects including project name, contact person, and telephone number. 26. Certificate of Insurance and Bonds: Contractor must provide certificate of insurance as indicated in the attached Exhibit. Performance and Payment Bonds will be required from the awarded Contractor in the amount of five hundred thousand ($500,000) each. 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 7 of 82 27. Use of Sub-contractors There may be areas for use of sub-contractors from the award of this RFP. Contractors will be responsible for identifying the sub-contractors necessary during the scope of work negotiation. 28. Construction Services Construction services are to include the following as necessary; full time site supervision; stormwater management; site protection and security; traffic control; warranty and management of project safety and quality control. 29. Reference Construction documents will be prepared using the City of Fort Collins modified EJCDC General Conditions and City standard contract documents. These documents are attached. The City of Fort Collins is in the process of updating the City modified version of the EJCDC documents. We anticipate finalizing the new document later this year and intend to incorporate it via amendment to the awarded contract. Awarded Contractor will be expected to sign a release for quarter section maps. The City will provide a copy of the TV report to the awarded Contractor. 30. Length Of Proposals Limit the total length of your proposal to a maximum of 25 pages (8.5 x 11” only except cost spreadsheet which maybe 11”x17”) (excluding covers, table of contents, dividers, sustainability response and proposal acknowledgement form). The Director of Purchasing and Risk Management may reject proposals received that are longer than 25 pages in length. 31. Method Of Payment The Contractor shall receive payments for satisfactorily completed work based on verified progress in the following manner: The cost of the work completed shall be paid to the Contractor each month following the submittal of a correct invoice by the Contractor. All invoices submitted by the Contractor shall be directed to the City Project Manager for review and authorization of payment. Payments will be made using the prices listed on the agreed-to Price Schedule for the Work Order. In the event a service is requested which is not listed on the Price Schedule, the Contractor and the City will negotiate an appropriate unit price for the service prior to Contractor initiating such work. ADDITIONAL REQUIREMENT: The Service Provider shall have a person at each job site while work is being performed who is able to speak English. IV. PROPOSAL SUBMITTAL Qualified contractors interested in performing the work described in this request for proposals should submit a proposal including as minimum the below information. A proposal that does not include all of the information required may be deemed incomplete 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 8 of 82 and non-responsive. Responses must include all of the items listed below, in the order listed. The Contractor should submit the resources, manpower, ability and commitment to provide construction services in a timely and cost effective manner on an as needed basis. 1. Executive Summary The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. 2. General information a. Name of firm, contact person for this proposal, title, phone number, fax number, street and mailing addresses, any previous names of firm in last ten (10) years, and date established. Complete the attached Proposal Acknowledgement. b. List in detail current projects under construction and include owner’s name, contract price, percent complete, scheduled completion date and brief description of the type of work. 3. Key project staffing Submit the following information: a. An organization chart of onsite project management with names b. An organizational chart of all management with names that will be involved in the project including subcontractors c. Job descriptions of key positions (i.e., onsite supervisor, all personnel of installation crew, others as appropriate) d. Resumes or work history of individuals proposed to fill these key positions. Please limit resumes to one-half page each. d. Define who will negotiate (a) the master agreement; and (b) individual workorders.Describe the availability of project personnel to participate in Fort Collins Utilities projects over the next year in the context of the Contractors other commitments. f. Please indicate your firms approach to staffing the entire project. Indicate pertinent work experience of assigned personnel. g. Include references from owners for the last 6 projects for each assigned person and similar references for work on cured in place pipe (CIPP) reconstruction process (if not among last six projects). h. Indicate if key staff will be assigned to manage the work for the duration of the contract. Indicate if the City would be allowed to review resumes of any key replacement staff. 4. General company resources. Indicate the resources available for construction approach and methods, construction sequencing and scheduling, equipment scheduling. Indicate location(s) if not based in the office location listed in item 1 above. List all projects and contract amounts completed by the firm in the past five years. Please address in detail the availability of personnel and equipment to perform this work. 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 9 of 82 5. Project experience. Provide brief summary of cured in place pipe projects performed by the firm in the last five (5) years. Highlight any participation by key staff proposed for this project. Provide data on: a. Description b. Bid cost c. Cost at completion and number of change orders d. Contractor, subcontractor or owner initiated claims and their resolution e. Contract time for completion when bid f. Actual completion time Brief discussion of any unusual factor is encouraged (e.g. Owner initiated delays, additions to the work, etc.). Provide an owner reference for cited projects. 6. Team Approach. Describe an experience by the firm or key staff which demonstrates your ability to work with owners in a team environment. 7. Safety record. Provide the firm’s OSHA reportable accident rate and current workman’s compensation insurance multiplier for the last three (3) years. Provide the OSHA reportable accident rate on projects managed by the proposed project manager over the three year period. 8. Subcontractors. If sub-contractors are proposed to perform a portion of the required construction services for any given project, describe the sub-contractors that you have working relationships with and that you propose to use under this RFP. Detail projects where you have worked with the sub-contractor previously. 9. Damages Caused by Contractor. Describe any major and/or minor damages caused by contractor to others property during the last three (3) years. Indicate how the damages were handled and by whom. 10. Construction Costs. In your written response to this proposal provide linear foot pricing for each size of pipe from minimum size to maximum size. Linear foot cost must include all permits, labor, materials, equipment, tools, transportation, and supplies required. Mobilization may be included in linear foot cost or may be separate, but all costs must be identified clearly. Indicate what warranty will be provided to the City of Fort Collins 11. Installation Process. Define the technical process, including materials, to be used in the Cured-In-Place installation. This must include all steps for delivery of the attached workorder in this RFP. Work order sample is attachment to the contract contained in this RFP. 12. Financial Statement. 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 10 of 82 Firms are to submit the following information in a separate file for review by the Director of Purchasing. Documents listed here will be kept confidential. Provide a recent financial statement (audited if possible) including balance sheet and income statement showing: a. Current assets b. Other assets c. Current liabilities d. Other liabilities e. Fixed assets and equipment f. Banking Reference (Provide name, address and phone number) 13. Insurance Company. Provide the name, address and phone number of the firm’s insurance agent(s). Provide certificate of insurance outlining coverage and policy limits. See attached Insurance Exhibit for minimum coverages and details required by the City. If there are exceptions to those requirements, list them in the RFP submittal. 14. Bonding Company Provide the name, address and phone number of the firm’s bonding agent. Provide a letter from the bonding agent indicating the firm’s bonding capacity. Capacity up to $500,000 is required. 15. Available Equipment. Provide a list of equipment and available labor that may be utilized during the course of work. Hourly rates for equipment and labor shall be included. 16. Sustainability/TBL Methodology In no more than two (2) pages please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc.. Address how your firm incorporates Triple Bottom Line (TBL) into the workplace, see below in Section IV: Review and Assessment for additional information. 17. Additional Information Provide any information that distinguishes Contractor from its competition and any additional information applicable to this RFP that might be valuable in assessing Contractor’s proposal. All potential conflicts of interest must be disclosed. V. REVIEW AND ASSESSMENT Construction firms will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top rated firms may be conducted. Rating scale will be from 1 to 5 (or 10, depending on maximum possible points), with 1 being a poor rating, and the maximum possible points being an outstanding rating. The City will evaluate price based on a per foot cost. 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 11 of 82 POSSIBLE POINTS MAX-MIN QUALIFICATION STANDARD 10-1 Scope of Proposals Does the proposal show an understanding of the scope of the project, methodology to be use in the construction phases and the results that are desired from the project? Are there any exceptions to the specifications, Scope of Work, or agreement? 10-1 Assigned Project Team Does the proposed team have the necessary skills and experience to fulfill the requirements of the project? Is the key staff available to do the work? 5-1 Safety Record “OSHA Illness/Injury Rate”, “OSHA Lost Work Day Incidence Rate” and Workman’s Compensation Experience Modification Rate Insurance Multiplier. 10-1 Firm Experience Has the firm worked on projects similar in scope to this project? Was this work of a high quality in nature? 15-1 Construction Cost Factors Do the proposed construction costs compare favorably with industry standards and other firm’s construction costs? Does the proposal included detailed cost break-down for each cost element as applicable and are the line-item costs competitive? 10-1 Firm Capability Does the firm have experience, equipment, manpower and finances to complete the work? 10-1 Construction Performance Does the firm have the resources, financial strength, capacity and support capabilities required to successfully complete the project on- time and in-budget? Has the firm successfully completed previous projects of this type and scope? 5-1 Motivation/ Sustainability/TBL Methodology Has the firm shown an interest in work and a commitment to the successful completion of the project? Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to- day business operating processes and procedures? Definitions Sustainable Purchasing is a process for selecting products or services that have a lesser or reduced negative effect on human health and the environment when compared with 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 12 of 82 competing products or services that serve the same purpose. This process is also known as “Environmentally Preferable Purchasing” (EPP), or “Green Purchasing”. The Triple Bottom Line (TBL) is an accounting framework that incorporates three dimensions of performance: economic, or financial; environmental, and social. The generally accepted definition of Andrew Savitz for TBL is that it “captures the essence of sustainability by measuring the impact of an organization’s activities on the world…including both its profitability and shareholders values and its social, human, and environmental capital.” VI. REFERENCE EVALUATION (TOP RATED FIRM) The Project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Contractor again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 13 of 82 UNIT PRICE SHEET 8123 Cured-In-Place Pipe Sanitary Sewer/Stormwater Mains Rehabilitation Specifications: QTY. DESCRIPTION PRICE/UNIT EXTENSION 800 Lineal Feet 36” RCP $ $ 100 Lineal Feet 30” RCP $ $ 1,604 Lineal Feet 24” VCP $ $ 1,875 Lineal Feet 18” VCP $ $ 1,329 Lineal Feet 12” VCP $ $ 4,000 Lineal Feet 8” VCP $ $ 675 Lineal Feet 18” RCP $ $ 5 Lineal Feet 10” VCP/PVC $ $ Service Connections 130 $ $ Intruding Taps 20 $ $ Total $ Completion: Completion will be made within _______ days after receipt of Notice to Proceed. Prices must be quoted FOB Destination: Fort Collins, CO Warranty: ____ Yrs. (2 year minimum) 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 14 of 82 Additional Size: Please provide per lineal ft. unit prices on other sizes you can provide and any additional costs or pricing if quantities differ on those listed above: DESCRIPTION $ Per Lineal Foot $ $ $ $ $ $ $ $ 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 15 of 82 PROPOSAL ACKNOWLEDGEMENT Consultant hereby acknowledges receipt of the City of Fort Collins Utilities’ Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, the Consultant hereby makes the following representations to Utilities: a. All of the statements and representations made in this proposal are true to the best of the Consultant’s knowledge and belief. b. The Consultant has obtained all necessary authorizations and approvals that will enable the Consultant to commit to the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 180 days from the date hereof. d. I further agree that the method of award is acceptable to my company. e. I also agree to complete the proposed Agreements with the City of Fort Collins within 30 days of notice of award. f. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. g. I acknowledge receipt of addenda. Consultant Firm Name: Physical Address: Remit to Address: Phone: Authorized Agent of Firm Name: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 16 of 82 SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for . The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit "A", consisting of ( ) page( ) and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. No work order shall exceed $ . The only services authorized under this agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating the Agreement, make changes within the general scope of the particular services assigned and the Service Provider agrees to perform such changed services. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period {Option 1} This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 17 of 82 for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the city, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the Service Provider mailed no later than thirty (30) days prior to contract end. 5. Contract Period. {Option 2] This Agreement shall commence , 200 and shall continue in full force and effect until , 200 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 6. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 7. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be mailed at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following address: Service Provider: City: Copy to: Attn: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the termination date, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 8. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 9. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 18 of 82 performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit "B", consisting of two (2) page[s], and incorporated herein by this reference. Payment shall be made by the City only upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 10. Liquidated Damages. OWNER and CONTRCTOR 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 the work order, 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 proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amount set forth in each Work Order. 11. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 12. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 13. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 14. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 19 of 82 written consent of the city. 15. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under the Agreement or of any cause of action arising out of the performance of this Agreement. 16. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 17. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 18. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non- defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 19. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representative, successors and assigns of said parties. 20. Indemnity/Insurance. 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 20 of 82 a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever, brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit "D", consisting of ( ) page[s], attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the city. 21. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 22. Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction such holding shall not invalidate or render unenforceable any other provision of this Agreement. 23. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 21 of 82 Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: 1. Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 24. Red Flags Rules. Service Provider must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Service Provider must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts and must as expeditiously as possible notify the City in writing of significant breeches of security or Red Flags to the Utilities or the Privacy Committee. 25. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit - Confidentiality consisting of one (1) page[s], attached hereto and incorporated herein by this reference. 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 22 of 82 CITY OF FORT COLLINS, COLORADO a municipal corporation By: __________________________________ Gerry Paul Purchasing Director Date:_________________________________ ATTEST: ____________________________ City Clerk APPROVED AS TO FORM: ____________________________ Assistant City Attorney By:____________________________________ _______________________________________ Print Name Title____________________________________ Corporate President or Vice President Date: _______________________________ 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 23 of 82 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED: Work Order Number: Purchase Order Number: Project Title: Original Bid/RFP Project Number & Name: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Service Provider Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Service Provider Services Agreement and this work order (including the attached forms) the Service Provider Services Agreement shall control. The attached forms consisting of ___ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. SERVICE PROVIDER By:_______________________________ Date:_____________________________ CITY OF FORT COLLINS Submitted By: _________________________ Project Manager Date: _________________________ Reviewed by: _________________________ Senior Utility Engineer Date: _________________________ Approved by: _________________________ Water Engineering & Field Services Operations Manager Date: ________________________ Approved by: _________________________ Utilities General Manager (over $1,000,000) Date: ________________________ Approved by: _________________________ Purchasing Director (if over $60,000.) Date: _______________________ 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 24 of 82 EXHIBIT INSURANCE REQUIREMENTS 1. The Service Provider 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 Service Provider 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 Service Provider, 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 Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider '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 Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. 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 Service Provider 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 Service Provider 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. 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 25 of 82 EXHIBIT CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 26 of 82 SECTION 00700 GENERAL CONDITIONS 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 27 of 82 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. Change.Ho that document are shown by underlining text that has been added and striking through text that has lxen deleted. EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 28 of 82 TABLE OF CONTENTS OF GENERAL CONDITIONS Art icle or Paragraph Number & Title Page Number 1. DEFINITIONS . ..... ..... ........... ..... ........................ .l 1.1 Addenda J 1.2 Agreement ... .... .. . . ....... 1 13 Application for Payment .... ................. .1 1 .4 Asbestos...... .. . . ............................. . 1 1.5 Bid .. . . .... . ................. .............. .. 1 1.6 Bidding Documents......................... 1 1.7 Bidding Requirements .... . ..... ... ..... .... ..! 1.8 Bond~ .................... .................... ..... ... .J 1.9 Change Order .... .. .. ............................ .1 1.1 0 Contract Document~ . . .. ... .. .... ... .. .l. I. I I Contract Price . .................................... 1 1.12 Contract Times .............. ... ... .. ..... .... ... 1 1.13 CONTRACTOR ............... ..... .. ...... ...... ! 1.14 defective ....... ....... .. ...... ............ .. ...... .. ..! 1.1 5 Drawings................. J 1.1 6 Effective Date ofthc Agreement ..... ... ..1 1.17 ENGINEER .1 l .18 ENGINEER's Consultant .. ..... , ............ .! 1.19 Field Order.. . . .. . .. .... .................. .1 1.20 General Requirements ........... ... .... ........ 4 l .21 Hazardous Waste 2 1.22.a Laws and Regulations; Laws or Regulations .................. ..... ... 2 1.22.b Legal Holidays .. . .......... ............ ... .2 I 21 T .iens ........... ...... ...... ............... ... .. ... .... ?. 1.24 Milestone... ... ... .. . .. 2 l.25 1.26 1.27 1.28 1.29 1.30 131 132.a 132.b 1.33 1.34 1.35 136 137 138 1.39 1.40 1.41 1.42 1.43 1.44 1.45 Notice of Award .. .. ........ .. .. . . ... 2 Notice to Proceed ...... ................... ........ 2 O'NNER ........ ..... ............................. ... 2 Partial Utilization ........ , ....................... 2 PCBs ................ .... .................. .. .. ... .'i Petroleum .. .................................... ... 2 Article or Paragraph Number & Title Page Number 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ....... .. ..... .. .... .7-8 5. BONDS AND INSURANCE .. ............... ................ 8 5.1-5.2 P<:>rfonnance, Payment and Other Bonds ................... . .... .. 8 5.3 Licensed Sureties and Insurers; Certificates oflnsurance ......... . .. ..... 8 5.4 CONTRACTOR.'s Liability Insurance ........................... .......... ..... 9 5.5 OWNER's Liability Insurance ............... 9 5.6 Property Insurance................... . 9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance ................ .! 0 5.8 Notice of Cancellation PrO\ision 10 5.9 CONTRACTOR's Responsibility for Deductible Amounts .............. ... J O 5.10 Other Special Insurance ..................... .10 5.11 Waiver of Rights .. . .... ... ... .. ............ .. 11 5.12-5. 13 Receipt and Application of I nsurancc Proceeds .................. .. ..10-1 1 5.14 Acceptance of Bonds and T ns11- ance; Option to Replace .............. ... ,,11 5. 15 Partial Utilization--Property Insurance .................... ............... .... 11 6. CONTRACTOR'S RESPONSlBCUTTES .......... ..... 11 6.1-6.2 Supcrvi:>ion aml Superinlemkm;4' ....... 11 6.3-6.5 Labor, Materials and Equipment.. 11-12 6.6 Progress Schedule........... ....... ... .... . l2 6.7 Sub:>titutes and "Or-Equal" Items; 6.8-6.11 6.12 6. 13 6. 14 6. 15 6.16 6.17 6.18 6. 19 6.20 6.2 1 6.22 6.23 6.24 iii COl\1TRACTOR' s Expense; Substitute Construction Methods or Procedures; ENGINBER:s Evaluation 12-13 Concerning Subcontractors, Suppliers and Others: Waiver of Rights ............... ...... . ..13-14 Patent Fees and Royalties .................. ..1 4 Permits ............... ............................. 14 Laws and Regulations........... .... . ..14 Taxes .... . . . .... .............. .... . .... 14-15 Article or Paragraph Number & Title Page Number 9.6 9.7-9.9 9.1 0 9 11-9.12 9.13 RejectingDefeclive Work... ..... 2 1 Shop Drawings, Change Orders and Paymcnts ..... ..... .......................... 2 1 Determinatims for Unit Prices ...... . 21-22 Decisions on Disputes; ENGI- NEER as Initial InterprelcL, ...... ..... :22 Limitations on ENGINEER'S Authority and Responsibi litie~ .... . 22-23 CHANGES IN THB WORK . . . ... .. ...... ..... .. . .. 23 10.l OWNER's Ordered Change .. .............. 23 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 .... ................ )!3 CH.ANGE OF CONTRACT PRICB .. ............... ;;13 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 Worl\ ........... 25 11 .6 CONTRACTOR's F'ee .. .................... 25 11 .7 Cost Records ... ....................... ....... 25-26 11 .8 Cash Allowances ..... ............ 26 11.9 Unit Price Work; .......... ................. .. 26 CHANGE OF CONTRACT TIMES ........... ... ... ....... .... h6 12.l 12.2 12.3 12.4 Claim for Adjustment ... ......... .......... 26 Time of the Essencc .................. ...... :46 Delays Beyond CONTRACTOR's Control ................ ... .......... .... ... ... 26-27 Delays Beyond OWNER's and CONTRACTOR's Control .. .............. ;27 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK .. .... .. .. ..... ................. ............ .7.7 13.l 13.2 13.3 13.4 13.5 136-13.7 iv Notice of Detects ...... .. ................. ...... 'P Access to the Work ........ ............. ... .... 27 Tests and Inspections; CONTRACTOR's Cooperation ......... 27 OWNER's Responsibilities; INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Acceptance of-- Article or Paragraph Number Bonds and Insurance ... .. .............. .................. 5.14 defective Work .......... ... .... ........... 10.4 1, 13.5, 13 13 fi nal paymen~ ... .... ............. ..... ............... . 9.12, 14.15 insurance. . .... .......... .. . .. ......... .. . .. . . . . ~. 14 other Work, by CONTRACTOR ... ................ .7.3 Substitutes and "Or-Equal'' Item$ .. ... ... ... . ... ..... Q.71 Work byOWNER ........ ..... ................. ~.5, 6.30, 534 Access to the-- Lands, OWNER and CONTRACTOR responsibilities .................. ..... ...................... .4.1 site, related Work ................... .......................... _7.2 Work, ............. . ................... .. ..... 13.2, 1314, 14.9 Acts or Omissions--, Act~ and Omissions-- CONTRACTOR ............................ 69. 1, 9.13 3 ENGI NEER ........ .. .............. .... 6.20, 9.133 OWNER ....... .... .......... ... .6.20, 8.9 Addenda--definition of (also see defmition of Specifications) ....... .(1.6, LIO, 6.19). I. I Additional Property Insurance~ ........ ..... .......... ..... ..... 5.7 Adjustments- Contract Pr ice or Contract Ti.mes .. ....................... . J .5, 3.5, 4.1, 4.3.2, 4.5.2, .... ...... .4.5.3, 9.4, 9.5, 10.2-10.4, ... ... ............ ................ ... ... 11, 12, 14 8, 1) I progress scheduk ... . ... ................ .......... ......... .. 6.6 Agreement-- definition oC ........... .......... ..... ..... ...... .............. . .J .2 "All-Risk" Insurance, policy form ...... ...................... ~.6.2 Allowances. Cash .. .. ............................................... .11 .8 Amending Contract Documents................. 3.5 Amendment, Written-- in general ............ .J . l 0, l .45, 3.5, 5.10, 5.12, 6.6.2 .... ............... ..... .. Q.8.2, 6. 19, 10.1, 10.4, 11.2 ............ ...... .................. 12.1, 13.12.2, l L.72 Appeal. OWNER or CONTRACTOR intent to ............. .. . .. ..... 9.. 10, 9. 11 , 10.4, 16.2, 16.5 Application for Payment-- definition o(. ............ ......... ..... ............... ..... ...... .J .3 ENGTNEER's Responsibility ... ............................. 9 9 final paymen~ .. ................ 9. 13.4, 9.13.5, 14.12-14. 15 in general .. . ..... ............... ~.8. 2.9, 5.6.4, 9. 10, 15.5 progress payment ... ........... ....................... .14. 1-14.7 review oC .......................... ..................... ..14.4-14.7 Arbitration ...... ....... ..... ............... .......... .......... 16. 1-16.6 Asbestos-- claims pursuant thereto ....................... .. :4.5.2, 4.5.3 CONTRACTOR authorized 10 stop Work .......... .L.5.2 definition o( .... .... ......................... .................... J .4 v Article or Paragraph Number OWNER responsibility for ............ ............... .'1.5.1, 8.10 possible price and times changi, .......... ..... ...... ... L!.5.2 Authorized Variations in Work.. . ... . 3.6, 6.25. 6.27, 9.5 Availability of Lands............... . . ..... ....... . .. . .4.1. 8.4 Unit Price Work .. ................. .......... .11.9 Article or Paragraph Number Value ofWork ................................................... 11 .3 Change in Contract Times-- Claim for times adjustmenL .... .. 4.1, 4.2.6, 4.5, 5.15, ............ 6.8.2, 9.4, 9.5, 9.11 , 10.2, 10.5, 12.1, ...... 13.9, 13. 13, 13.14, 14.7, 15.1, 15.5 Contractual time lim i~ . . ... . ................ . ...... 12.2 Delays beyond CONTRACTOR's control . ........... ....... ........................ .... .12.3 Delays beyond OWNER:s and CONTRACTOR's contTOl ...... ............... . .12.4 Notification of surety .............. .... ... .. . ,....... .10.5 Scope of change.... ......... ..... .. ......... .. ..10.3-10.4 Change Orders-- Acceptance of Defective Work. . .. ................ )3.13 Amending Contract Document~ .. ...... ..... .......... ... }5 Cash Allowances ............................................... 11 .8 Change of Contract Pric~ ............. .. ..... ............. .... 11 Change of Contract Timelf ... ........................ ....... 12 Changes in the Work .......... ... .. ... ..... ...... ..... .... .JO CONTRACTOR's fee .................. ..... ................. 11 .6 Cost of the Work ............. ... .. ..................... 11.4-11.7 Cost Records ................ .. ............... .... ............. Jl .7 definition oC ... ... ........................... ..... ...... ..... ..... 1.9 emergencies ........... .......................................... 6.23 ENGINEER's responsibility ...... 9.8, 10.4, 11.2, 12. 1 execution o( ....... ...... ................... ..................... J0.4 Imkmnilictiof\ ......................... P- 12, 6.16, 6.31 -6.33 Insurance, Bonds and ................. ..... .. 5.1 0, 5.13, 10.5 OWNERmay terminate ....... .... ... ....... ......... l5.2-l5.4 OWNER's ResponsibilitY ................ ........... .. ?.6, 10.4 Physical Conditions-- Subsurface and, ...... ..... .................................. .4.2 Underground Facilities-: ..... ...... ..... ......... ... :'!.3.2 Record Documents ................... .............. 619 Scope of Chang<:... ........................ 10.3-10.4 Substitutes ..................... ... .. ... ........ ... ..... 6.7.3, 6.8.2 Unit Price Work. .. . ... .. .. . . .............. . .. ........ J 1.9 value of Work, covered by .... ............................. 11.3 Changes in the Work... . ........................... ...... JO Notification of surety............. . .............. .10.5 OWNER's and CONTRACTOR's responsibilities ................... . .. ........... .10.4 Right to an adjustment .... .. ................................ 10.2 Scope ofchange ................. ................ ..... . .1 03-10.4 Claims-- against CONTRACTOR. ......... ........... ..... ..... . 6. 16 against ENGINEER .......................................... 6.32 against OWNER ............................................... 15 32 Change of ContractPric~ ............. ..... . .. ...... ~.4 , l l.2 Change ofCmtract Times ..... ..... ................. 9.4, 12.1 CONTRACTOR's ........... .. .4. 7.1, 9.4, 9 5. 9.11. 10.2. vi .... ....................... 112. 11.9, 12. l , 13.9, 14.8, .. ....... ......... .. .. ...... .... 15. 1, 15.5, 17.3 CONTRACTOR.:s Fee ............................. J 1.6 Article or Paragraph Number Cash Allowances .................. . 11.8 Article or Rlragraph Number Change of Contract Pr ic~ .... ..... .. ........................ . 11 Change of Contract Times ........... ....................... . 12 Changes in the Work ........... .... ............ ...... 10.4-10.5 check and verifx ...................... ................. ......... . 2.5 Clarifications and Interpretations .... .... ......... ....... 3.2, 3.6, 9.4, 9. 1 l definition of.. ..... ...... ................... ............ ..... ..l.10 ENGINEER as initial interpreter of. ... ........... ..?. 11 ENGINEER as OWNER's representative .......... .... 9.1 general3 Insurance ..................... ........................ ...... .... ... .5.3 Intent ... ................ ... ............... . ) .1-3.4 minor variations in the Wori. .............................. 3.6 OWNER's responsibility to furnish dat:i ............... 8.3 OWNER's responsibility to make prompt payment .................... ...... ~.3, 14.4, 14. 13 precedence .......... ...................................... 3. 1, 3.3.3 Record Documents ... ................. .. .................. .. . .?. 19 Reference to Standards and Specifications of Technical Societies. .... ..... .......................... 3.3 Related Work ... ..... .................... ......................... 7.2 Reporting and Resolving Discrepancies ... ..... 2.5, 3.3 Reuse of ...................... ... .. ......... ......... .. ............. .3.7 Supplementing, .............. ..... .............. ................. 3.6 Tenu ination of ENGINEER's Employment .......... 8.2 Unit Price Work. ........................... .................... ) 1.9 variation:> .. ...... ............. .... ...... ......... ... 3.6, 6.23, 6.27 Visits to Site, ENGINEER's... ............. .... 9.2 Contract Price-- adjustment of .. ............... 3.5, 4.1, 9.4. I 0.3, 11.2-11.3 Change of. . ............................................... l I Decision on Disputes .... .................................... 9. 11 definition oC ........... ..... .... ...... ........ ...... ..... .. ... J . 11 Contract Times-- adjustment of . ........................ 3.5, 4. 1, 9.4, 10.3, 12 Change of. .......... .................. .................... ! 2.1-12.4 Commencement of . . .. .. ..... ........... . ...... 2.3 definition oC ...... ............ .. .................... ..... ..... ..1..12 CONTRACTOR-- Acceptance of [nsurance ......................... ........... 5. 14 Communicatio~ ....................................... 6.2, 6.9.2 Continue Work...... ..... . . . .. . . . ...... ... . .6.29, 10.4 coordination and scheduling ... ....................... 3\.9.2 definition o( ................. .. ............... ..... ..... ........ .\. 13 Limited Reliance on Technical Data Authorized ............... .................... ...... 4.2.2 May Stop Work or Tem1inate ...................... .... . J5.5 provide site access to others ....................... .}.2, 13.2 Safety and Protection ... ................. 4.3. l.2, 6.16, 6.18, .... ........ ...... ............... .. ... 6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal .... .... ... ................ ............. :5.25 vii Stop Work requirements. ........ . 4.5.2 CONTRACTOR's- Article or Paragraph Number Labor, Materials and EquipmcnL ... ....... 6.3-6.5 Laws and Regulations ................... ...... ..... 6.14 Liability Insurance ......................................... 5.4 Article or Paragraph Number Notice of variation from Contract Documents . . .... ........... ... .............. 6.27 Patent Fees and Royalties ............. ......... .. .... 6. 12 Perm its .. . . . . . . . . . . . .. . . .. . . . .. . . . . .. . . . . . . . . . . 9. 13 Progress Schedule....................... .6.6 Record Documents ... .... .................. ............. 6.19 related Work performed prior to ENGINEER's approval of required submiuals................. .... .. . . ... . . .. .. 6 28 safe structural loading ...................... . 6.18 Safety and Protection ............... ..... 6.20, 7.2, 13.2 Safety Representative.............. . . ...... ...... . 6.21 Scheduling the Work ............................. ..... 6.9.2 Shop Drawings and Sample-'!.............. .6.24 Shop Drawings and Samples Review by ENGINEER....... ..... ................. 6. 26 Site Cleanliness ... .................. .......... 6.17 Submittal Procedures ......................... .......... 6.25 Substitute Construction Methods and Procedures . . . .... ................ . ..... 6.7.2 Substitutes and "Or-Equal" Item~ .. ............. .9. 7.1 Superintendence ............. ..................... .......... 6.2 Supervision ............ ...................................... 9.1 Survival of Obligations ..... ........................... 6 34 Tax<;~ ..................... ...... ......... ..... .... ............. 9.15 Tests and fnspections ............ ...... .......... .... . 13.5 To Reporl ..... ........... ..... ..... ....... ... ..... ..... ........ 2.5 Use of Premises ....... ... ............ 6. 16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal ......................................... 6. 25 Right to adjustment for changes in the Wor~ ..... 10.2 right lo claim ..... . .. 4, 7.1, 9.4, 9.5, 9.1 l , 10.2,11 .2, . .... .. ..11.9, 12. l, 13.9, 14.8, 15.1, 15.5, 17.3 Safety and Protection ............. . .... 6.20-6.22, 7.2, 13.2 Safety Representative ............... . ................ 6.21 Shop Drawings and Sam pies Submittal~ ..... 6.24-6. 28 Special Consultants . ...... ... ..... ..... ............ .... ... 11.4.4 Substitute Construction Methods and Procedures .. 6.7 Substitutes and "Or-Equal" Items, Expense... . .. ............... .... ...... 6.7.1 , 6.7.2 Subcontractors, Suppliers and Others .. . ....... 6 8-6. 11 Supervision and Superintendenc<:< .. .... ... 6.1, 6.2, 6.21 Taxes, Payment by.................... ..... . .6.15 Use ofPrcmises ..... ........ ................... ........ 6.16-6.18 Warranties and guarantees ... ........ .............. 9.5. 6.30 Warranty ofT itle ....................... ....................... .14.3 Written Notice Required-- viii CONTRACTOR stop Work or terminate .. ...... 15.5 Reports of Differing Subsurface and Physical Condition~ ............. .... .. .. .. :P.3 Substantial Completion. . ...... ................... 14.8 CON'"l'RAC1'0RS--other Contractual Liabil ity Insurance .... .................. ..... .. ~.4. 1 0 Contractual Ti.me Limits .... ...... ..... .................... ..... ..12.2 Correction or Removal of .. .............. .J 0.4.1, 13.11 Correction Period.................. . J 3.12 in general .. ........................ ............. 13, 14.7, 14. 11 Article or Paragraph Number Observation by ENGJNEER ...................... .......... 9 2 OWNER May Stop Work ...... ... ................... ..... 13.10 Prompt Notice of Defects .. ... ......... ................... 13.1 Rejecting .. ........................ ............... ...... ............ 9 6 Uncovering the Work ........................... ........... ..13.8 Definitions ...... ........ .................. ...... ..................... 1 Delays ................... ..... .............. 4.1, 6.29, 12.3-12.4 Delivery ofBonds .. .. ............................................ .. 2.1 Delivery of certificates of insurance .................... ........ ?. 7 Determinations for Unit Pric<:I? ... .... .............. 9.10 Differing Subsurface or Physical Conditions-- Notice of. ........ ...... ... ............... ... . . . . .... " 2 3 ENGINEER's Review .............. ..... ................ .... t..2.4 Possible Contract Documents ChangtL ........... ~.2.5 Possible Price and Times Adjustment$ .... .......... t..2.6 Discrepancies-Reporting and Resolving . ................ .. 2.5, 3.3.2, 6.14.2 Dispute .Resolution-- Agreement ........... ...................... ....... ....... .J 6.1-16.6 Arbitration ................ ..... .................... ...... .l 6.1-16 5 generall6 Mediation ...... ... ............................................. J6.6 Dispute Resolution Agreement.. ..... ... ...... ...... .l6. l-16.6 Disputes, Decisions by ENGfNEER .. ................. 9.11-9.12 Documcnt~-- Copies of ................ . . .2 2 Record6. 19 Reuse of. .............. ........ ........... ......... .................. ~ .7 Drawings--definition of................ .... ........... L 15 Easements ................... .... ............ .. .. .... ................... 4.1 Effective date of Agreement -- definition Qf... .......... J . 16 Emergencies....... ... . ..... ........... ........ .............. Q.23 ENGINEER-- as initial interpreter on disputes ................. 9.11-9.12 definition ot:.. .......... ......... ..... ...... ........ ..... .... ..1.17 Limitations on authority and respons i bilit ic.~ ..... .9.13 Replacement ot:.............. . . . ... . ....... . . ........ 8.2 Resident Project Representative ..... .................... 9.3 ENGINEER's Consultant -- definition oL ...... ......... .1.18 ENGINEER's-- authority and responsibility, Jim itations orL ..... .9. 13 Authorized Variations in the Wor~ .. .................... 9.5 Change Orders. responsibility for. ... 9.7, 10, 11, 12 Clarifications and LnterpretationL ........ . . 3.6.3, 9.4 Decisions on Disputes .... .... .... ................. 9.11-9. 12 defective Work, notice of .. ........ ..... .................. ..1 3.1 Evaluation of Substitute Items ........ ...... ... ........ 6. 7.3 Liability, ..... .. .............. .... .. ..... ...... .. .... ... ... 9.32, 9.12 Notice Work is Acceptable . .... ...... .......... . .... .J 4. 13 Observations ..... ....................... .......... ..... p.30 2, 9.2 ix OWNER!s Representative.. ......................... 9.1 Payments to the CONTRACTOR, Responsibility for .................... ........... ...... 9.9, 14 Recommendation of Payment ................. .. .1 4.4, 14. 13 Indemnification ................. . .. 6.12, 6.16, 6.31-6.33 Jnitially Acceptable Schedules...... 2.9 Inspection-- Certificates oL ........................... 9.13.4, 13.5, 14.12 Final ........................... ................... ......... .!41 l Article or Paragraph Number Special, required byENGINEER.............. .. .... 9.6 Tests and Approval . ........... ................ 8.7, 13.3-13.4 Insurance-- Acceptance of, by OV/NBR ..... . ........... .......... 514 Additional, required by changes in the Work .... ....................... ..11.4.5.9 Before starting the Work .............. .. .... ..... . ,. ........ 2.7 Bonds and--in genera\ ... ....................................... 5 Cancellation Provisions .............................. .5.8 Certificates of. ....... . . . . } .. 7, 5, 5.3, 5.4.11 , 5.4.13, .... ................... ,;>.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operation~ ............... ................. ..... 5.4.13 CONTRACTOR's LiabilitY ............. ..................... 5.4 CONTRACTOR's objection to coverage .............. 5. 14 Contractual Liability............. ..... ...... . .... 5.410 deductible amounts, CONTRACTOR's responsibility ....................... .. ... .......... ..... .. ... ?.9 Final Applicalion for Payment ......... ................. )4.1 2 Licensed Insurers.......... ................... ...... 5.3 Notice requirements, material change~ ........ 5.8, 10.5 Option to Replace................. .. .... ........ . .5.14 other special i nsurance~ .. .... ... ..... .. ... ................. 5.10 OWNER u:; litlw:;iary fo1 in~w ct!~ .... ........ .. .5.12-5. 13 OWNER's Liability ........... ................... ... ......... 5.5 OWNER's Responsibility .............. ........... .... ........ 8.5 Partial Utilization. Properly Insurance ..... .......... . 5.1 5 Property ................................... ................. 5.6-5.10 Receipt and Application ofJnsurance Proceeds ........ .......................... ............ >. t 2-5. 13 Special Insurance ................ ........ .... .. .... ...... ... .5. 10 Waiver of Rights ... 5. 11 Intent of Contract Document~ ............ ....... ......... .. :3-1 -3.4 Interpretations and Clarification11 ................ . ;36.3, 9.4 T nvestigations of physical condition~ ....... .. .... ......... ..... 4.2 Labor, Materials and EquipmenL ...... ........... ...... 1$.3-6.5 Lands-- and Easements.... ................ . ... .................... .. 8.4 Availability of ................... .. .. 4. 1, 8.4 Reports and Tests ........................ . ......... .... . . 8.4 Laws and ReguJations--Laws or Regulations-- Bonds .......... ...... ... ................ ..... . ... ........... 5.1-5.2 Changes in the Wor~............. .............. .10.4 ContTact Docwuents ............ ........................ ........ 3.1 CONTRACTOR's Responsibilities ...... ..... .. ..... § 14 Correction Period,defeclive Work ...... .... ...... ... J312 Cost of the Work, taxes .. ... ........... .... ....... ... ..1 1.4.5.4 definition oL ... ......................................... ... .J.22 genera16.14 Indemnification ............. ................... ...... 6.31-6. 33 x tnsurance ..... ... . .... .................... ...... ......... .?.3 Precedence............ . ... .................... .. ... ... 3.1, 3.3.3 Reference to ....... .................. ............... ...... ..... ,3.3. l Notification to Surety ..................... ................ ... ... ..10.5 Observations, by ENGINEER....... . ........... 6.30, 9.2 Occupancy of the Work. ................... 5. 15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR ... .... ... . . 6.9, 9.13 Open Peril policy form, Insurance ................ .......... 5. 6.2 Option to Replace ... ......................... ....................... .?. 14 Article or Paragraph Number "Or Equal" Items ................. ..... . 67 Other work 7 Overtime Work--prohibition oC. .......... .. . 6 3 OWNER-- Acceptance of defective Work .. .... .. .... ... ...... .... J.3.13 appoint an ENGINEER. ........... ..... ....... ............ . 8.2 as fiduciary ..... ............. ..... ............... ....... .5.12-5.13 Availability of Lands, responsibility_ ........ ........... 4.1 definition oC...... ..... ... ........ . ................ ..l.27 data, furnish. ......... ... . . . ............. ..... ........... . 8.3 May Correct Dejecti11e Work ........... ..... .. ..... ... ..1.3.14 May refuse to make payment. .......................... .J.4. 7 May Stop the Work .................................... .... ..13.1 0 May Suspend Work, Terminate . ............... .... 8.8. 13. 10, 15. 1-1 5.4 Payment, makeprompt ..................... ~.3, 14.4, 14.13 performanre of other work ......... .. .............. .. .. ..... 7.1 permits and licenses, requirement.!!....... . ... $.13 purchased insurance requirement~ ............. . 5.6-5.10 OWNER's-- Acceptance of the Work........................ 6.30.2 5 Change Orders, obligation to execut~ ........... 8.6, 10.4 Comm wiic.:ation~ ...... ........... ........ ............. ........... 8. I Coordination of the Work ..... ........... ................. 7.4 Disputes, request for decision ........... ... .. ............ 9.. 11 Inspections, tests and approval~ .... .............. $.7, 13.4 Liability Insurance... .............. ............... 5.5 Notice ofDefects ... .. ..... ................. ................... )3.1 Representative--During Construction, ENGJNEER:s Status..... ........ .. . ... 9 I Responsibilities-- Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material $.10 Change Orders ... ... ........... ..... .. .... ...... .. .... ... ... 8.6 Changes in the Work ....... ................. ...... ..... 10.1 communications ............... ................... ........ 8.1 CONTRACTOR's responsibilitie:\ ................... 8.9 evidence of financial arrangemenl$ ............... $. l l inspections, tests and approvals ...................... 8.7 insurance ................. ..... .................... .. ....... .... 8.5 lands and easement~ ............... .................... .. 8.4 prompt payment bY ......... .... .... .. ............ ..... 8.3 replacement of ENGINEER ................... ..... 8.2 reports and tests_ ......................... ................. 8 4 stoporsuspendWork. ..... ............. 8.8, 13.10, 15.I terminate CONTRACTOR's services . . . .. 8.8, 15.2 separate representative at siti? .......... .. ... .. ............. $>.3 xi testing, independent ......... . ...... .............. . 13.4 use or occupancy of the Wolk .. ......... .... ... ........ ~. 1 5. 6.30.2.4, 14. 10 Article or Paragraph Number written notice requirecL. ................... . 7. 1, 9.4, 9.11, .................. .... .. ......... 11.2, 11.9, 14.7, 15.4 PCBs-- definition of ......................... .......... ................. 1.29 general ............ ........................... .. ... .... ......... ..... 4.5 OWNER's responsibility for ...... .......................... 8.10 Partial Utilization-- definition of............................................... ).28 general 6.30.2.4, 14.10 Property Insurance................. ....... .... ...... . ..5.15 Patent Fees and Royalties ......... ....... ....... ..... ...... ...... 6. 12 Payment Bonds................... .... ... .5.1-5.2 Payments. Recommendation oC ..... ....... 14.4-1 4.7. 14. 13 Payments lo CONTRACTOR and Completion-- Application for ProgressPayments ...... ............... J4.2 CONTRACTOR's Warranty ofTitlc ......... ......... ..14.3 Final Application for Payment.. .... .................. .. )4. 12 Final fnspection ........... ................................... .14.11 Final Payment and Acceptance ..... .......... .14. 13-14.14 general ...... ........... .... ...... .............. .. ... .... .. ..... $.3, 14 Partial Utilization..... ..... ..... ............. .. .. 14 10 Retainagc, .......... ..... ................. .. ....................... J 4.2 Review of Applications for Progress Payments ........................... ... . 14.4-1 4.7 prompt payrnent .... ...... .................. .............. ..... ... $.3 Schedule of Values ............................................ .14.1 Substantial Completion. ............................. .l4.8- l 4.9 Waiver of Claims ............... .. .. ................ ... ....... 14.15 whtm payments du« .. ........................ ...... 14.4, 14.13 withholding payment........................ ....... 14.7 Performance Bonds................... . . ... ...... . . 5.1 -5.2 Penn its ..................... ... ........................ .... ........ §. 13 Petroleum-- definition of .... ....................... .. .............. .... ....... ).30 general ............ ......................... .... .. ................... 4.5 OWNER's responsibility for ... ... ......................... 8. 10 Physical Conditions-- Drawings of, in or relating to... . .......... ,4.2.1.2 ENGlNEER's rcview ................ ................... ...... 4.2.4 existing structures............ ......... .. ... ......... ... 4.2.2 general 4.2.1.2................ .. .... ............. .. Notice of Differing Subsurface or ................ ...... 4.2.3 Possible Contract Documents Change .......... ....... 4.2.5 Possible Price and Times Adjustment& ... ... ..... .. .4.2.6 Reports and Drawing~ .............. .................... .... 4.2. l Subsurface and.............. .... ........ ............ .. ..4.2 Subsurface Condition~... .......... .. .4.2. l. I Technical Data, Lim ited Reliance by CONTRACTOR Authorized ........... .. . .. . 4 2 2 Underground Facilities-- general .. ................ .......... .. ........ .. ... ......... , .... ';1.3 Not Shown or lndicaed ............ .................. .4.3.2 Protection of ........ ........................... ...... 4.3, 6.20 xii Article or Paragraph Number Shown or Indicated .................................... ..... .... ... 4.3.1 Technical Data .... ...................................... ..... 4 2.2 Article or Paragraph Number Resident Superintendent, CONTRACTOR'L ..... ........ 6 2 Responsibilities-- CONTRACTOR's-in general .... ................... ........... 6 ENGINEER's-in genera!... ........ ..... .... ..... ........... ... . 9 Limitations on ..... .................. ................. 9.13 OWNER's-in general... .................. ..... .............. ...... 8 Retainage ............... ..................................... ..... . . J.4.2 Reuse of Documents........... ..... .. ..... ............ 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior lo Submittal........ 6.25 Review of Applications for Progress Payments ... .................................. 14.4-14. 7 Right to an adjustmen~ .......................................... ..10.2 Rights of Way.................... .................... ..... . . .... .'I. I Royalties. Patent Fees anq .... ................................... 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 ......... ..... .................... .................. ,t,i.20-6.23 Representative, CONTRACTOR's .... ......... ..... .... f21 Samples-- definition oC ........ ........................... ................ J .34 general ........ ............ ................................. 6.24-6.28 Review by CONTRACTOR .......... 6 25 Review by ENGINEER ........... ........ ........... !:/.26, 6.27 1datcll Work ..................... ....... ...... ........ ...... ..... 6.28 submittal of. . .. ... ... ................ ... ................ 6.24.2 submittal procedures ............... ..... ..... ....... .. .. .... J).25 Schedule of pro<~ress ..................... ... ... '.2.6, 2.8-2.9, 6.6, .. ........................ ....... 6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals ... ........................... '.2.6. 2.8-2.9, 6.24-6.28 Schedule of Values_ ........ ..... .......... . '.2.6, 2.8-2.9, 14. l Schedules-- Adherence to ............. .. ..... ... .. ... ..... .. .... ... ....... J 5 2.1 Adjusting.............. .. . ... .. .... . . .. ..... .. 9..6 Change of Contract Ti m e~ ........ ........................ -10.4 Initially Acceptable ............... .. ..... .... ........... 2.8. 2.9 Preliminary, ...... ....................... .... ................... '.2.6 Scope of Changes ....................................... 10.3-10.4 Subsurface Conditions .... ..................................... 4. 2.1 . l Shop Drawings-- and Sam pies. genera!... ........... ..... ......... ..... 6.24-6.28 Change Orders & Applications for Payments, and .. ......................... .............. 9. 7-9.9 definition o( ................... ............. .. ..... ............ J .35 BNGJNEBR's approval of. ................................. 3.6.2 ENGINEER's responsibility for revicw ............................ .......... 9. 7, 6.24-6.28 related Work ..... .............. . .. ..... 6.28 review proccdures ...... .................. ........ 2.8, 6.24-6.28 xiii Article or .Paragraph Number submittal required ........................... ................... . 6.24. 1 Submittal Procedures .......... ..... ..... ..................... 6.25 use to approve substitutionL ... .. ..... ....... .. .......... 6.7.3 Article or Paragraph Number or Procedures ....................... ... .. ..... ... ...... ... !). 7.2 Substitute Items ... .............. ........................ 6. 7.1.2 Subsurface and Physical Conditions-- Drawings of, in or rclatng lo ...... .................. ::1.2. 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 ............... 4.2.6 Reports and Drawing~.......... .. . . .. ... .. ...... 4.2. l Subsurface and ................................... .. ........ ..... .. ~.2 Subsurface Conditions at the Sit~ ................. .. :4.2 1.1 Technical Data ............... .......... ... ....... .......... .... 4 2.2 Supervision-- CONTRACTOR's responsibility . . .. .......... .. ...... fr I OWNER shall not superv i s~ ........... .. ................... 8.9 ENGINEER shall not supervisl} ..... ..... ..... .. 9.2, 9.13.2 Superintendence ....................................................... 9 2 Superintendent, CONTRACTOR'S residenL. .. .. .. ..... .9.2 Supplemental costs .......................... ............. ...... ..11.4.5 Supplementary Conditions-- definition of ..... ..................................... ............ ).39 principal wfo1 crwcs lV. ................ .J .10, I. I 8, 2.2, 2. 7, 4.2, 4.3, 5.1 , 5.3, 5.4, 5.6-5.9, ............. ... 5.1 1, 6.8, 6.13, 7.4, 8.11 , 9.3, 9.10 Supplementing Contract Document:;; .. ............... ... .. .... 3.6 Supplier-- definition of ..... ..... ................................ ..... ....... ) .40 principal references tQ ........... ,3.7, 6.5, 6.8-6.11, 6.20, ..... . ...... . .. p24, 9.13, 14.12 Waiver of Rights ................................ .............. f>. l I Surely-- consent to final paymen~ . ....... . .. ...... .. ..14. 12, 14.14 ENGINEER has no duty to. ..... ........................... 9.13 Notification oC.... .. ............. . 10.1 , 10.5, 15.2 qualification oC........ ...... 5.1-5 3 Survival of Obligations ............................................ 6.34 Suspend Work, OWNER May ..... ................. ..13.1 0, 15. 1 Suspension of Work and Termination-: ..... ......... ..... .. .1 5 CONTRACTOR May Stop Work or Terminate . .... ........................................ .1 5.5 OWNER May StL~end Work ...... ..... .... .... .. ....... ..15. l OWNER May Temi inate ........... ......... .. ....... 15.2-1 5.4 Taxes--Payment by CONTRACTOR ......... ............. .. .<.5.15 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 Temporary construction faci lities ....... ... .. ........... 4 1 Article or Paragraph Number Termination-- Variations in Work--Minor Authorized. . ......................... 6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site--by ENGINEER ...... ...... .... .................... 9.2 Waiver ofClaims--on Final Payment ...................... 14.15 Waiver of Rights by insured partie~ ......... ..... .... ~ . 1 1 , 5.11 Warranty and Guarantee. Oeneral--by CONTRACTOR ............... .. ...... .... ......... ... .. §30 Warranly of Title, CONTRACTOR's ........................ 14.3 Work-- Access to ....................... .................................. ..13.2 by others,. ............ ... .................... .......................... 7 Changes in the ..... .. ..... ..................... ................. . ..10 Continuing the ........ .... ..... ..... ............. , ...... ........ 9.29 CONTRACTOR May Stop Work or Term mate....... ... . .JS.5 Coordination of. . ... ............... .............. .... ........... 7.4 Cost of the,. ..... ..... ....... .................... .......... J J .4-1 1.5 definition o( ......... .......... .................... ............ ..1.43 neglected by CONTRACTOR. .. ........................ .l3. l 4 other Work . .. . ... ................ .................. , ..... ,7 OWNER May Stop Work ................................. 13.10 OWNER May Suspend Work ...... ............ ..1 3.10, 15.1 Related, Work at Site ............... ..... ...... ........... 7.1-7.3 Starting the,. ................... ............. .. ................... .::1.4 Stopping by CONTRACTOR .. ..... ..................... J5.5 Stopping by OWNER ..... ............................ 15. l-1 5.4 Variation and deviation authorized. minoc ........ .3.6 Work Change .Directive-- daim:; pur:;uanl tu .... ....... ................ ................. ..J0.2 definition of ............................. ..................... J .44 principal references lo .... ..... ............ ) .5.3, L0.1-10.2 Written Amendment-- definition ot. .. . . . . ... .... ............ . .... ........... ... l 45 principal reference.<; to .... .... ...... 1.10, 3.5, 5.10, 15.12, .......... .... ........... 96.2, 6.8.2, 6.19, LO. I, 10.4, .. ................ ...... ..1.1.2, 12.1, 13.12.2, 14.7.2 Written Clarifications and Interpretations .. .................. .............. 3.6.3, 9.4, 9. 11 Written Notice Required-- by CONTRACTOR ... .............. ...... .... ..7.1, 9.10-9 11, .......... ......................... ........ 10.4, 112, 12. 1 by OWNER . .. ..... ... ..... ?. 10-9. 11 , 10.4, 11.2, 13.14 xv EJCJX: GENERAL CONDITIONS 1910·8 {1990 EDrllON) w/ CITY OF FORT COLLINS MOOIFICA TIONS ()1.EV 9/99) 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 42 of 82 xvi (This page left blank intentionally) EJCOC GENERAL CONO!T!ONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLUNS MQD[FJCA TIONS (REV ?m) 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 43 of 82 GENERAL CONDITIONS ARTICLE 1--DEFlNITIONS Wherever used in these General Condition5 or in the other Contract Documents the following telills have lhe meanings indicated which are applicable to both lhe singular and plural thereof: 1.1. Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirement~ or the Contract Documents. 1.2. Agreement-The written contract between OWNER and CONTRACTOR covering the Work to be perfonned; 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 ENGJNEER which is to be used by CONTRACTOR in requesting progress or fi nal payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Documents- 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 adve1tisement or invitation to Bid. instruction5 to bidders, and the Bid form. 1.8. Bond~--Perfolillance and Payment bonds and other instruments of security. 1.9. Change Order-A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjusllllent in the Contract Price or lhe Contract Times, issued on or after the Effective Date of lhe Agreement 1.10. Contract Documents- T he Agreement, Addenda (which pertain to lhe Contract Documents), CONTRACTOR's Bid (including docwuentation accompanying the Bid and any post Bid documentation submitted prior to lhe 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 EJCOCG£NERALCONDI110NS 1910.S (1990 Edition) w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000) 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 lo paragraphs 3.5, 3.6. l and 3.6.3 on or after the E!J'ective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2. l and 4.2.2 are not Contract Documents. 1.20. General Requirements-Sections of Division I of the Specifications. 1.21. Hazardol/S Waste- The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. I .22.£h Laws and Regulations; Laws or Regulations--Any and all applicable laws. rules. regulations. ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts havingjurisdiction 1.22.b. Legal Holidavs--shall be those holidays observed bv the Citv of Fort Col I ins. 1.23. Liens-Liens, charges, security interests or encumbrances upon real property or personal property. l .24. Milest.one--A principal event specified in the Contract Documents relating to an intenuediate completion date or time prior to Substantial Completion of all the Work. l .25. Notice of Award- A written notice by OWNER to the apparent succes.5ful 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. l .26. Notice to Proceed-A written notice given by OWNER to CONTRACTOR (with a copy to ENGTNEER) fixing the date on which the Contract Ti.mes will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. 1.27. OWNER-The public body or authority, corporation, association, finn or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization-Use by OWNER of a suoot.'lntiaUy completed pa1t of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs-Polychlorinated biphenyls. 1.30. Petroleum--Petrolewu. 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 oi~ oil sludge, oil refuse, gasoline. kerosene and oil mixed with other non-Hazardous Wastes and crude oils. 1.31. Prqjecl- The total construction of which the Work lo be provided under the Contract Docwnents may be lhe whole, or a part as indicated elsewhere in the Contract Documents. 1.32.!:, Radioactive Material- Source, special nuclear, or byproduct material as defined by the Atomic Energy Ace of 2 EJCDC GENERAL CONDm ONS 191 O·S (199() Editioo) w/ CITY OF FORT COLLINS MODU' JCAT!ONS (REV 4/200~) 1954 ( 42 USC Section 20 I I et seq.) as amended from time to time. 1.32.b. Regular Working Hours--Regular working hours are defined as 7:00am to 6:00pm unless otherwise specified in the General Requirements. 1.33. Resident Project Representative-The authorized materials: electricity. gases, steam. liquid petroleum products. telephone or other communications. cable television. sewage and drainage removal traffic or other control systems or waler. 1.42. Unit Price Work--Work to be paid for on the basis of unit prices. 1.43. Work--The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and perfonning or furnishing services and furnishing documents, all as required by the Contract Documents. 1.44. . Work Change Directive- A written directive to CONTRACTOR, issued on or after the EITective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an adclition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be perfom1ed as provided in paragraph 4.2 or 43 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties e:q:iect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiation.~ by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph I 0.2. 1.45. Written Amendment--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 nonengineering or nontechnical rather than strictly construction-related aspects of the Contract Doclllllents. ARTICLE 2-PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements lo OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the SupplementarY Conditions) of the Contract Document~ 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 Times; Notice to Proceecl: 2.3. The Contract Times will commence to run on the thirtieth d<1y after rhe Effective Date of the Agreement, or, EJCOCG£NERAL CONDI110NS 1910-S (1990 Edition) w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000) if a Notice to Proceed is given. on the day indicated in the Notice to Proceed. A Notice lo Proceed may be given at any time within thirty days after the Effective Date of the Agreement bi Ra SYSRt will the GEJRtrael Times eommeRoe la nlR Jeter lheR lhe sil~ ef.&id-epen.i.n~r-dle-thi F!ieth-00.Y-1ffter- tne-61feetive-t:>ate af.the-Agreemenl;-w-hiehever-c:!ate-b"ear-lier,,- Starling the Work: certificates of insurance (and other evidence of insurance whieli either ef lhem er BflY aEklilieflBI insw-ed may reasefl!lely rTesl requested by OWNER) which CONTRACTO ooEI O'.llNBR respeatil'ely are~ required lo purchase and maintain in accordance with paragraphs 5. 4;-5'0-ana+.+. ?reconstruction Confere11ce: 2.8. Within twenty days after the Contract Times start to run, bul before any Work at the site is start.eel 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 paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. Initially Accept11hle Schedules: 2.9. Unless otherwise provided in the Contract Docum ent~ at least t0fl days befere SllemissieR ef the H:rst ApplicetiSR for Jlajq'flent before any work at the site begins, a conference attended by CONTRACTOR, ENGINEER and others as apprepriate designated RY OWNER. will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.6. and Diyjsjon I - General Regujreineutli. CONTRACTOR shall have an additional ten days to make corrections and adjtLmi1ents and to complete and resubmit the schedules. No progres.<; 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 a<; providing an orderly progression of the Work to completion within any ~pccified Milestones and the Contract Times, but such acceptance will neither in1pose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibiJjty 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 submittals CONTRACTOR's schedule of values will be acceptable to ENGINEER as to fom1 and substance. ARTICLE 3--CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agreement between 0Wl\1ER and CONTRACTOR oonceming lhe Work. The Contract Docwnents are complementary; what is called for by one is as binding as if called for by all. The Contract Docl.llllents will be construed in accordance with the law of the place of the Project. 3.2. [t is the intent of the Contract Documents ro 4 EJCDC GENERAL CONDm ONS 1910-S (199() Editioo) w/ CITY OF FORT COLLINS MODU' JCAT!ONS (REV 4/200~) describe a functionally complete Project (or pa.rt thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may 3.3.3.2. the provisions of any such Laws or Regulations applicable to the perfonuance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.3.4. In the event of conflicting or ambiguous provis10ns within the Contract Documents, !>pecilicalions will take precedence over the drawings and addend!} will take recedence over both. Notwithstanding the foregoing. the more specific provision will take precedence over the less !>pecific: the more strine:ent wi ll rake precedence over the less stringent; the more expensive item will take precedence over the Jes.<; expensive. On all drawings, figures take precedence over scaled dimensions. Scaling of dimensions. if done, is done al the CONTRACTOR'S own risk. No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER. or any of their subcontractors, consultant~ agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGJNEER's Consultants, agents or employee.<; any duty or authority to supervise or direct the furnishing or perfomiancc of the Work or any duty or authority to undertake respon<>ibility inconsistent with the provisions of paragraph 9. 13 or any other provision of the Contract Documents. 3.4. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like eflect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import arc used to describe a requirement, direction. review or judgment ofENGINEER as lo 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 infonuation in the Contract Documents and confonnance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be etfoctive to assign to ENGINEER any duty or authority to supervise or direct the furnishing or perfonuance 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 Contract Documents: 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the tem1s and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragrdph 10.4), or EJCOCG£NERALCONDI110NS 1910.S (1990 Edition) w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000) 3.5.3. a Work Change Directive (pursuant to CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilit ies or storage of materials and equipment. 4. 2. Subsu1face a11tl Physical Co11tlitio11s: 4.2.1. Reporls and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsw:face 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 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures al or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.2.2. limited Reliance by CONTRACTOR Authorized; 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 Documcnt5. 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 Consultant5 with respect to: 4.2.2.1. the completeness of such report<> and drawing.5 for CONTRACTOR's 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 4.2.2.2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data. interpretations, opinions or inforn1ation. 4.2.3. Notice of Differing Subsu~face or Physical Conditions: lf CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 6 4.2.3.1. is of such a nature as to establish that any •technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 423.3. differs materially from char shown or EJCDC GENERAL CONDm ONS l 9 t 0-S (199() Editioo) w/ CITY OF FORT COLLINS MODU' JCAT!ONS (REV 4/200~) 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 submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, ex-ploration, 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 6.43 CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. Ir 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 11 and 12. However, OWNER, ENGINEER. and ENGINEER's Consu ltants shall not be foible to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Contlitions--Underground Facilities: 4.3. l . Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1 . 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 CONTRACT OR shall have fidl responsibility for: (i) reviewing and checking all such inforniation and data, (ii) locating all Underground Facilities shown or indicated in lhe Contract Docurnents,(iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Sho1m 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, premplt)' immediately after becoming aware lhereo[ and before further disturbing conditions aITected thereby or performing any Work in connection therewith (excel?t in an emergen(,,y as n:quired by paragrdph 6.23), identify the owner of such (Jnderground Facility and EJCOCG£NERALCONDI110NS 1910-S (1990 Edition) w/ CITY OF FORT COLLINS MODfflCATIONS {REV <1/2000) give written notice to that owner and to OWNER and ENGINEER ENGJNEER will promptly review the 8 4:§,.2.,.-GGJ.'.J.J.R:A(;.J.OR-sAti l~inuneEfuitfily-;-(11-ste~I~ Woclc iH 60flfteetios wilfl sl-!efi fiu20n:ls1o1s eesditios llftd iH eRy eree affeoteEI tliereby (e*Gept iH QR emO!FgeRGy es fSEjl-lifed by pamgmf.)fl e.23), UFld (ii) flStify ~ ~JOOrneR (&Rd thereafter eollfirm Sl1eh-netie&-iA-Wf~t,iJigt--GWN;6R-sha-l l-pren~pHy. oons1:tll-wilh-ENGJ:NEER-eeneeming-the-Reeessily-f'01' Q.WNER-te-Fetuin-a-€JUa+i-fieEl--e-x~-te-evuluate-sueh fia20rElews eeRditieR er take eoFTeetil'e eetieR; if eRy. GGN+AA<;:fGR-shalffiet-be-r'<lEJ1tired-tCtteswue-WeElt iH eeFIHl:leti0fl with S\!Gh fiua1rdo1c1s eoRElitieR er in an;· Sl-leR effeeted area 1o1nl'il after OWHBR has ebtaineEI eny-r~li-ife8-pem1-its-releteEl-tlier-ete-anEl-Geliverea-te G@ITRACT~eial written netiee: (i) speeifyiRg that S\!Oh oenditiQn and any affected area is or has been re11dered sate fer the reSt1111ptie11 ef ')/erk, er fH1-speeil)·iAg any special cenditions 1o1F1der w~ Work may be reS\!me~fely. J.f 0'.l/;NBR and CONTRl\GTOR cermet agree as to eF1titleR1ent to or tfle-&11100Rt er eitte11t ef 011 eElj1:15tmellt, if eey;--i-A Cerareet Pfiee er CeRlfllct Tiaies es a res1o1 lt ef Sl-leh Work stoppage or such speoi.al oonditioos unEler wh-ieh Werk is agreeEI ~· CONTRACTOR te be resumed; either pArty may make a elaim therefor as provided in l\rtieles l l anEI 12. 4.~.3. If after reseipt of sHoh spesial written netice GON+RAG-WR- Elees-ne&-agree-te-r-eS1:11IIB-SUGh-werlE eeseEI 0R ft reasenaale belief it is HflSflfe, er Elees flat agree to r0Sl-!Rle Sl-IGA. Work 1o1nEler sHoh special oonditions, then 0\l/J>T.BR may orEler StJGh portion of the Work that is iJ'l eonneotion with Sl-!Gh haeardoliS eef!Efuien er in S1:1eh af!eeted !lfea to be deleted frem the Werk. If O'.l/l>l1;R AREi CO~ffRACTOR sa.nnot egree-as-t&entitleinenH&er--the-arn-eun~i:-e.x'tent~f:an aElj1:1srn1e111; if eey. ift Centreet Pfiee or CeHlffiet.Times A~ A result gf delet.irig i>UG.h pQrtign af the " ' arl;;, tl-len eithef1*!flo/-ftmy-mak:e-e-elaim-therefer- as-f>revi8eEl-ill l\rl'ieles 11 Elfll'I 12. OWNER a1ey have suefi clele!eEI poFti@IH:)t:-the-Werk-tieffer-med-by-~.!s-ewn ferees-&F-etl-1eFS-in-aGGerdanse-wi-tfl.A:ftiele.::/~ 4.5. 4. Te the IUHest eJ{tent. i~ermitted b;' Laws ftfld RegulntieA.<;;-GWNER-shal~-inclemHtfy-a!l8-hel cl Jw1nl~ GON+RAG:i:GR.---Sll-0oontraeteFS; ENGINEER, ENG]}IEER's C0f1rno11lfillls B-REI Ifie ei:lieerS;--Efueeter-s-, -en~pleyeeS;--OgentS;--t>tller cGnsu~lants-um:l-sl:lbooRtRteler~f-eaGk-tmG-ilRy-ef lhem-fr-em- aOO-egainsl-slJ-elaims,eests,- lesses-and Elamages-arisin.<:, >-eu-t--ef-er- resultiflg- fre1n-sueh haairdol-!s soRdil'iOR; pro·1iEled that: (i) 91\j' Sl-!Gh eleim, oost;-loos-er-Gamage-is-atl:rib1:1tafile-t-0-bedi:Jy-injurr. siekness, elisease or EleRth; or le injl:lf)' le er deslrl-letieR ef tnRgible preperty (ether than the 'Nork itself), ·inGJudil\<, >-tJie- less-ef.-use-Fesulting-therefr-em,- <mEI EiiTnethirig-m-~hls-s1:tbp11r-i1gn1ph+.5-:4-shaU-ebligal{: Q.WNE&-te-ffidemnif-y-ony-1*'r-seF1-0i:-enbity-ffem-and egttmst the e0f156ql:lenees ef that persoR's er eRtity!s own-Reo.,;ligem:le:- 4.5.5. The pro~-isioRS of peragrophs 4.2 afld 4.3 are net iRte1,Eled to eppl;· te Asbestes, PGBs, Petrelet:H11, CONI'RACTOR',~ Liability Insurance: 54. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's perfonnance 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 them to perform or furnish any of the Work. or by anyone for whose acts any of them may be liable: 5.4. I. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, occupational sickness or disease. or death of CONTRACI'OR's employees; 5.4 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; ~Gla-irns-feF-Eiarnages-itlsuH!G-by-eustenrnFY personal ittjttry liability eevernge whieh 11re ~ (i) by any peFSen as a result ef BA effunse Elirestly or indirectly relatecl to tRe employment of SUGA person by C<»ITRACTOR, er (ii) &)· any etRer persen fur any other reason; 5.4.5. claims for damages, other than to the Work itsel~ because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the 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 respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9, include as additional in5Ureds (subject to any customary exclusion in respecl of professional liability), OWNb'R, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less lhan the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; :5.4.9. include complered operations insurance~ EJCOCG£NERALCONDI110NS 1910-S (1990 Edition) w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000) 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs6.12, 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' OO¥er-0ge;-th&ft-;-V-0ndel·ism--0 ~iEl-me·liGieus-mi.sGruet:; eaflR<.wake, eollepse, eleeris remove I, elem olitioR oscesioReel 9y llflforcemeRt of Laws SRel ReguletiORS. waler elemage, eREI sueh oth&r perils es R~ S{:>esificelly requireel ~· th& 8upplemmtery C0flditiORS; .S,6d:-imnuele-expenses-im:urr-ee-in- lhe-re!*ilr-er FefllaGement-eki.ny-i.nsll·red-t;>reper~.filcluel ing-butrnet Jim ited ta fees enel charges of e11gifleel'S--ilf*l ar-ehitoo~ 5.6.4. cover mat:eriels oREI eeiltipe1eRl storeel et the site er-al-an~lleF-leee·tien-that-was-agr-eed-te-in-writing-by GWNER prior to eeiflg irteorporeted iR the Work, provided that such materials end i!C(Uipn1ent h~ itieh:1deel ill llfl Applieetiell f:er Peymellt reee11m1e1leleel 9y E}rGINEiiR; uf!d 5.6.5. 0e moirtteilled ID effect until final paye1ent is meele Wl less et:Aerwise agreed te ill writi11g 0y O\l/l>i:ER; CONTRACTOR nRd E}1Grn:R; with thirty days' writteR notice to each other additional iRsureel to who1fl e eeFtifieate of iRSUffHlee hos beef! ~ 5.7. 0 1.VNER shell purehese llf!el maiRtein sueh boiler and meeh:inel)' illsuranse or aelditioRal jlropeFty insurallce as-niay-be-reEfail<ed-by-t1~8-SuppJernenta~el·it.iens-0f Laws atld Regulatiens whieh will ineh:1de the inter-ests-ef OWJ>l'.GR, C<»lTRAGTOR; Suooontmetaff, fil'KHHBBR, I*JG]}TJ;BR's ConsultaRts and eny oilier jlersons or entities ~d ill the 8Yjlplemei'ltal'y CenditiollS; eeeh of wham is eleetneel te ha'le an ins1:1rable interest atld shall 0e listed as all insures er aElditienal insures. 5.8. AH the !*Jlieies et' iftsuranee (MEI the eertifieates er ~her 8" idan~a !Aereot) re'11.1ired to be p!!rnhassd eRd meinta·i.Red-by-Q:wNilR:-in-ascerElaooe-with-i*ireg:mph~e 1rnEI 5.7 will eoolflin a pre'lisien er endernemellt that the OO¥eFBge-et'ferae4-witl-net-b&-eaneeUeel-er-mateFial~y chaageEl-eF-ren&wel-fefused-unt.iklt-least-tlllity-eays!..pFief wril*eR-netiee-has--been- giw:n- le-GWNER-enel C<»ITRl\GTOR 1md te eaeh ether adeliti6fllll itlS\lted te wh011:i-n-e<lfli·lie0te-ef:.-ins1Hooe~10&-been-is.%1ed-anEl-w·ill oonta·iA-wo·i¥eF- prov-i.siens- in- aeoordaRGe--wi•l'I f30r8gfllph 5 .J I. 5.9. OWNER shall nol be responsible for purchasing and maintaining any property insurance lo protect tl'le interests of CONTRACTOR, Subcontractors or others in the Work te the eJ\teRt of 1rny eleduetiele 001otrnts thet ure ·identiliee-in-the-S1:1pP.lem·entary-Genaitie~Hii7-fisk-ef loss Witflirt SUefl identified eladt1etible flfllOUlll; will ha eome 0}· COJ>ITRAGTOR. Sube0flkaelor er ethers sufi"eFirtg-eny such-less-&fl4...i.f-0Ry-ef- 1Jiem-wcishes-prepe!4y-insuFance ooverage-..vilhin-lh.e-limils-ekueh-ttm-n~s,eaeh-may pUF~has&-oml-mainlai!Hlr!ll-t~urnlmseP.;.ewn-eitpense. .S.,.J.~!R:AG:fGR-r-eeiuests-in-writing-tllal-ether Speaial LssUfARGe ee ifl6j uded if! the property IDsltrllfle8 pelicies previded under paregrophs 5.6 or 5.7, 0\1/l>i:BR shall, if j)Ossible, iAel1:1de sueh iAsuraAee, and !he eost !hereof will ee Cfler<,JeEl ta COJ>ITRACTOR lo>y approprials Change Order or WriRe~ 10 EJCDC GENERAL CONDm ONS 191 O·S (199() Editioo) w/ CITY OF FORT COLLINS MODU' JCAT!ONS (REV 4/200~) Fe€0¥ef)'-egainst-nn~f-GGN+RAG'.f-GR,-Su00eritraeter&, BN<HNBBR "BWGil'rnBR's Censultaets oml llie eflieers, elireeteF& emplej·ees aniil ugerits of 1my of theiir. Receipt and Application of bu"Urance 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 10 OWNER as fiduciary for the insureds. as their interests may appear. subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shaU 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 shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Wrillen Amendment. 5. 13. OWNER as fiduciary shaU 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 loss 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 acljust and settle the loss with the insurers and, if reE!llireEl i11 wri~ing by any J:'IRl1)' i11 mterest, OV/NBR es fidusiery sha II give bo11d for the :flFOper fleFfernrnnse ef Slisli eluties. Acceptance of Bonds and Insurance; Option to Replace: 5.14. If either !*lit)' (OWl'IER er CONTRACTOR) 0 Wl-.1ER has any objection to the coverage afforded by or other provisions of the Eends-eF insurance required to be purchased and maintained by the ether 13arty CONTRACTOR in accordance with Article 5 on the basis of non-confonnance with the Contract Documents. the eejeeting-psFty-sha ll~ottfy-~he-e!her-j:)tlrty O\VNER will nilli.!Y CONIRACTOR in writing within l'eft fifi een days after r~eeipt de! iv cry of the certificates (eH>ther-ev~denee Fequested) to OWNER a§ required by paragraph 2.7. OWNER eml COl'ITRACTOR shell eaeh f>F01•iele le !he 0ther-sueh-additi0na·l--inf0m1ati01Hn-fesi:>eet-0Hn.sllf0nee prn\tiEle(+-os-the-eiheF-mOy-r"aseru1 ely-requesh--If- eithef j:)tlFty-c:lees-n0t- p1:1Fehase-er- m11iata·in-a·ll-0f-l:he-Bends-11ncl insi:!fane&--reEju~t:-sm;h-[*l-ft;y-ey-the-Gent;r-ast Deeument'>; r>ueh pAfly shi1!1 HOlify the ether pruty rn writiH~f-sueh-fa·ilunHe-pttnihase-pFier-t~the-staFl-17f-the Werk; 0F ef SloleR foiJure le marnti1in prier ta any eheflg6 in ~quires ooveffige. 'Nil'heut prejuEliee te llH:)' ether right ei:-remedy-;-th~eF-fJGFty-moy-eleet-te--0i;itaiB-eqtifv-0Ieru: Bonc:ls-«- insunrnee-te-prnteet-sueh-ether-l*!f\y's-inlerest-s-a{ the-eNJ*lnsa-0f..the-f>OFty-whG-was-R1quired-t&-f>FeY.iEio-sH€A ee\·era~. aniil e Change OrcleF shell be issued le aEljusl the GeRtr-aet-Prie~'ef4ngiy:- Partial Utiliwtion-Properly ln~1'ra11ce: 5.15. If rnVNER finds it necessary 10 occupy or use a portion or portions of the Work prior to Substantial EJCOCG£NERALCONDI110NS 1910-S (1990 Edition) w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000) Completion of all the Work, such use or occupancy may 6.4. Unless otherwise specified in the General Requirement<;, CONTRACTOR shall furnish and assume full re~-ponsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fueL power, light, heat, 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. 6.4. l. Purchasing Restrictions: CONTRACTOR, m u ~t comply with the City's purchasing restrictions. A copy of the resolutions are available for review in the offices of the Purchasing and Risk Management Division or the City Clerk's office. 6.4.2. Cement 'Restrictions: City of Fort Collins Resolution 91-121 requires that suppliers and producers of cement or products containing cement to certi!V that the cement 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 Document<;. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER 1f required by ENGINEER, CONTRACTOR shall furnish satisfactorv evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, instaHed, connected, erected, used, cleaned and condition.ed in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Docwnents. Progress Schedule: 6.6. CONTRACTOR shall acil1ere 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 extent indicated in paragraph 2.9) proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in eliect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. 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. Substitutes allll "Or-Equal" Items: 12 6.7.l. Whenever an item of material or equipment is specified or described in the Contract Doclllnents by using 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 de.<;CJiption EJCDC GENERAL CONDm ONS 191 O·S (199() Editioo) w/ CITY OF FORT COLLINS MODU' JCAT!ONS (REV 4/200~) contains or is followed by word~ reading that no like, equivalent or "or-equal" item or no substitution is by the resulting change, all of whi.ch will be considered by ENGJNEER in evaluating the proposed substitute. ENGJNEER may require CONTRACTOR to furnish additional data about the proposed substitute. 6. 7.1.3. CONIRACTOR's 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 Constmction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utili7.C a substitute means, methoc~ technique, sequence or procedure of construction acceptable to ENGINBER. CONTRACTOR shall submit sufficient infomiation to allow ENGfNEER. in ENGINEER's sole discretion, to detem1ine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER wiU be similar to that provided in subparagraph 6.7.1.2. 6. 7.3. Enginee!'s Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7. l.2 and 6.7.2. ENGJNEER will be the sole judge of acceptability. No "or-equal" or substitute wi ll 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 expense a special perfom1ance guarantee or other surety with respect to any "or-equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Docum ent5 (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a subslitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Con5ultants for evaluating each such proposed substitute item. 6.8. Conceming Subcontractors, Suppliers and Others: 6.8. l. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGJNEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perfonu any of the Work against whom CONTRACTOR. has reasonable objeccion. EJCOCG£NERALCONDl110NS 1910.S (1990 Edition) 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations perfonning or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organi:wtio115 perfonuing or furnishing any of the Work to communicate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.1 1. AU Work perfom1cd 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 tenns and conditions of the Contract Docwnents for the benefit of OWNER and ENGINEER. 1.Vhene-ver any sucn agreenient is vrith a Suecentmoter er Supplier whe is listed as an adelitioAal ireured Ofl the property insuFBAee provided iA paragraphs 5.6 er 5.7, the egree1nent eetween the GGN'.f.RAG+GR-anEl-the-SuooeAtr1lcteH'lf-Sup13l·ier-w~ll eontaffi pro·<"ision:s whereby the 3ubeoAtraetor or Supplier wai'les aU rights against OWNER, GO~ITRACTOR, 6NGJl>ra6R, E}JGrl>J'BE:R'S Consultants end all ether additional insureds fer all losses AREi da1~ arising out of or re5Ulting fr.om e11y of the perils eo•rered by such pelieies e:REI eny other proi:ierty iRsuranee applieeele te the-Wer-k,,--U:..tRe-insurer-s-0n-a:F1y-sueh-p0l ieioo-reeiuire separate wai•1er forms to be sigAed by 8fl)' 8ul:leontrnetor er Suppliei:, GOl>ffRJIGTOR will g~taifl Uie oome Patent Fees and Roya/Jies: 6.12. CONTRACTOR shall pay all license fees and royalties and assWTie all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design. proces.5, 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 Docwnents for use in the perfonnance 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 foe or royally to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent pennitted 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 perfomianoe 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. 14 1375 Sherman Street Denver Colorado 80261 Sales and Use Taxes for the Stale of Colorado. Remona! Transwrtation District <RID) and certain Colorado counties are collected bv the State of Colorado and are included in the Certification of Exemption. AIU!Jmljcable Sales and Use Taxes Cinclugmg_filate collected laxes), on any items other than con~truction and building materials phvsically incorJJOraled into the project are to be paid bv CONTRACTOR and are to be included in appropriate bid items. ()se of Premises: 6.1 6. CONTR.t..CTOR shall confine con')l.ruction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and pennitted by the Contract Docwnents and other lend and areas pem1itted by Laws and Regulations, rights-of-way, perm its 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 perfonnance of the Work. Should any claim be made by any such owner or occupant because of the perfomiance 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 e>.1:ent permitted by Laws and Regulations, indemnify and hold hannless OWNER ENGINEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and again5t all claims, costs. losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the e.xtent caused by or based upon CONTRACTOR's perfonnance of the Work. 6. 17. During the progress of the Work. CONTRACTOR shall keep the premises free from accwnulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, oon~truction equipment. and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER al Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6. I 8. CONTRACTOR shall not load nor perm ii any part of any structure lo be loaded in any manner that will endanger the structure. nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pres.~rcs that wi II endanger it. Recortl Documems: EJCOCG£NERALCONDI110NS 1910.S (1990 Edition) w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000) 6.19. CONTRACTOR shall maintain in a safe place at notice to OWNER and CONTRACTOR in accordance with paragraph 14. 13 that the Work is acceptable (except as otherwise expressly provided in cOTUlection with Substantial Completion). 6.21. Safety Repre.sentative: CONTRACTOR shall designate a qualified and experienced safety representative al the site whose duties and reSponsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for ooordinating any exchange of material safety data sheets or other hazard communication infom1ation required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. Emergencies: 6.23. L11 emergencies affecti11g the safety or protection of persons 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 shall give ENGINEER prompt written notice if CONTRAC l'OR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER dctem1ines that a change in the Contract Document~ is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be i.ssued to document the consequences of such action. 6.24. Sit op Drawings and Samples: 16 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 ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with re!>-pecl to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACfOR proposes to provide and to enable ENGINEER to review the infom1ation for the limited purposes required by p0ragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to materia~ Supplier, pertinent data such as catalog numbers and the use for which intended and otho::rwise as ENGINEER may require to o::nable ENGD-.JBER to review rhe submittal for rhe limired EJCDC GENERAL CONDm ONS 191 O·S (199() Editioo) w/ CITY OF FORT COLLINS MODU' JCAT!ONS (REV 4/200~) purposes required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in COn$truction 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 ENGINEER. and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called [or by ENGINEER on previous submiuals. 6.27. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention lo 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. l . 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submiss.ions accepted by ENGINEER as required by paragraph 2.9, any related Work perfonned prior to ENGINEER:s review and approval of the pertinent submittal wi ll be at the sole expense and responsibility of CONTRACTOR Conti11ui11g tlle Work: 6.29. CONTRACTOR shall cany 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 agree in writing. 6.30. CONTRACTOR'.~ General Warran(Jl and Guara11tee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR'S warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse. modification or improper m~1intenance or operation by persons other than CONTRACTOR, Subcontractors or Suppliers; or 6.30.1.2. nonnal wear and tear under nonnal usage. 6.30.2. CONTRACTOR'S obligation to perfonn and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will consriruce an acceptance of Work thac is nm in EJCOCG£NERALCONDI110NS 1910-S (1990 Edition) w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000) accordance with the Contract Doc\Uuents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Document5: any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any 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. Survival of Obligations: 6 34. All representations, indemnifications, warranties and guarantee's 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 tem1 ination or completion of the Agreement. ARTICLE 7--0THER WORK Related Work aJ Sile: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Conditions sm1 ilar 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 Docw11ents, then; (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (ii) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such perfonnance will involve additional expense lo CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof: 7.2. CONTRACTOR shall afford each other contractor who is a party to such a di.reci contract and each utility owner (and OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable oppornmity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be aITected. The duties and responsibilities of CONTRACfOR under this paragraph are for the benefit of such utility owners and other comrncrors ro the emem that there are comparable 18 EJCDC GENERAL CONDm ONS 191 O·S (199() Editioo) w/ CITY OF FORT COLLINS MODU' JCAT!ONS (REV 4/200~) prov!Stons for the benefit of CONTRACTOR in said direct contracts between OVJNER and such utility owners and other contractors. structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. 8.5. Q'.ll}JBR's reSj:1onsieilities ia res~f pw-ehasiHg aRd rnaintaiHi.Hg 1-iaeility aRd i:iro13efty insw-anGe ere set foflh-in-parngraphs-5:-5-throligh+.-!4: 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph I 0.4. 8.7. OWNER's responsibility in respect of certain ~-pections, h:sts and approvals is set forth in paragraph J 34. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13. l 0 and 15. l. Paragraph 15.2 deals with OWNER's right to tenuinate servicc.5 of CONTRACTOR under certain circumstances. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perfonn or furnish the Work in accordance with the Contract Documents. 8 10. 0'>1N6R!s reSj:1onsibility in reSj:1eet of undir.olosed Asbestos, PCB~-; Petroleum, lofozarElel:IS Waste or Radioaeti't·e Materials uneoYered or fe'<eeled at the sit<Hs set forth in f:10Fagmph 4.5. 8.11. If and to the entellt O\l/HER has eg,r~eEI to fomish CONTRACTOR rea~onable euidenge tool fir,·mgial ruHmgements-rui-v-0een-mae6-te-sa~isfy-GWNE~ eeliga~ons liflEler the CeRlfllel Deet1meRlH; OWl'lER's res~n">ibility-in-res~et-ther..iet:-w~U-0e-as-set-f'61'th-i.tHJ1e Sui:>~lementaf}'-Gene·itiell.'r. ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION OWNER's Representative: 9. 1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Document~ and shaU not be extended without written consent of OWNER and ENGJNEER Visits to Site: 9.2. ENGINEER will make visits lo the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to ol=rve as an ei--perienced and qualified design profes.~ional the progress EJCOCG£NERAL CONDI110NS 1910-S (1990 Edition) w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of O\¥NER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will nol be required to make exhaustive or continuous on- site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward 20 schedule and other schedules prepared by the CONTRACTOR and consult with the ENGINEER concerning acceptability. 9.3.2.2. Conferences and Meeting - Attend meeting with the CONTRACTOR such as preconstruction conferences, progress meetings and other job conferences and prepare and circulate copies of minutes of meet~ 9.3.2.3. Liaison 9.3.2.3. 1. Serve a~ ENGINEER'S liaison with CONTRACTOR. working principally through CONTRACTOR'S superintendent to assist the CONTRACTOR in understanding the Contract Documents. 9.3.2.3.2. Assist in obtaining from OWNER additional details or infomiation. when required for proper execution of the Work. 9.3.2.3.3. Advise the ENGrNEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approved by the ENGINEER. 9 3 2 4 Reyjew of Work. Rejection of Defective Work. Inspections and Tests - 9.3.2.4. 1. Conduct on-site observations of the Work in progress to assist the ENGINEER in dctem1ining that the Work is proceeding in accordance with the Contract Documents. 9.3.2.4.2. Report to the ENG!NEEiR whenever the Representative believes that the Work is unsatisfactory. faulty or defective or does not conform to the Contract Documents. or has been damages! or does not meet the requirements of any inspections. tests or approvals required to be made; and advise the ENGJNEER when he believes work should be corrected or rejected or sbould be uncoyered for observation. or requires special testing, inspection or approval. 9.3.2.4.3. Accompany v1s1tmg, ~pectors representing public or other agencies having jurisdiction over the Project record the results of these inspections and reoort lo the ENGINEER. 9.3.2.5. Interpretation of Contract Documents. Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit lo CONTRACTOR clarification and internretation of the Contract Documents as issued by the ENGINEER. 9.3.2.6. Modifications. Consider and evaluate CONTRACTOR'S suggest.ion.~ for EJCDC GENERAL CONDm ONS 1910-S (199() Editioo) w/ CITY OF FORT COLLINS MODU'JCAT!ONS (REV 4/200~) modification in Drawings or Specifications and report these recommendation;; to ENGINEER. Accurately transmit lo CONTRACTOR decisions issued by the ENGINEER ENGINEER, noting particularly the relationship of ~ient requested to the schedule of value:;;,. work completed and materials and equipment delivered at the site but not incorporated in the Work. 9.3.2. l 0. Completion. 9.3.2. l 0.1. Before ENGINEER issues a Certificate of Substantial Completion. submit to CONTRACTOR a list of observed items requiring correction or completion 9.3.2.10.2. Conduct fina l inspection in the companv of the ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be corrected or completed. 9.3.2.10.3. Observe that all items on the final list have been corrected or completed and make recommendations to ENGINEER concerning acceptance. 9.3.3. Limitation of Authoritv: The Representative shall not: 9.3.3. 1. Authorize any deviations from the Contract Document<> or accept any substitute materials or egy.ipment unles.5 authorized by~ ENGTNEER. 9.3.3.2. Exceed limitations of ENGINEER'S authority as set forth in the Contract Documents 9.3.3.3. Undertake any of the respen<>ibilities of the CONTRACTOR. Subcontractors, or CONTRACTOR'S superintendent. 9.3 3 4. Advise on. or issue directions relative to or assume control over an.Y. aspect of the means. methods. techniques, sequences or ws:edures for s:onstruction unless such js specifically called for in the Contract Documents. 9.3.3.5. Advise on or is.<rue directions ~ or assume control oyer sa(enf. precautions and programs in connections with the Work. 9.3.3.6. Accept Shop Drawings or sarn12le submittals from anyone 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 !>pecialized field or laboratory tests or in!>pections conducted by others except as specifically authorized by the ENGINEER. Clarijicatio11s a11d Interpretatio111;: 9.4. ENGINEER will issue with reasonable promptness such wrinen clarifications or imerpretation~ of the EJCOCG£NERAL CONDI110NS 1910-S (1990 Edition) w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000) 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 OVINER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price for Payment or otherwise). ENGINEER's written decision thereon will be Gnal and binding upon O\\INER 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 forum of competent jurisdiction to e.'l:ercise such rights or remedies as the appealing party may have with respect to ENG.INBER'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 DL'Putes: 9.1 L ENGINBBR will be the initial interpreter of the requirements of the Contract Docwnents 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 requirement<; of the Contract Documents pertaining to the pcrfom1ance and furnishing of the Work and claims under Atticlcs 11 and I 2 in respect of changes in the Contract 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 start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ~GJNEER and the other party with.in si.."ty days afier 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 parcy shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unl es.<> ENGINEER allows addi tional time). ENGINEER will render a fonnal decision in writing within thirty days after receipi 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 Wlless: (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 O\\INER and CONTRACT OR pursu~mt to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a Com1al proceeding is instituted by the appealing party i.n a forum of competent jurisdiction to exercise such rights or remedies as the appealing pany may have with respect to such claim, responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Representative and assistants. ARTICLE JO-CHANGES IN THE WORK JO.I. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, 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 promptly proceed with the Work involved which will be performed under the applicable condi tion,~ 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 11 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 perfonned that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6, except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER an.cl CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph I 0.1, (ii) required because of acceptance of defective Work under paragraph 1313 or oorrecting defective Work under paragraph 13. 14, or (iii) agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Tin1es 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 acC-Ordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. I 0.5. If notice of any change affecting the general s~'Ope of rhe Work or the provisions of the Conrracr Documents EJCOCG£NERALCONDI110NS 1910-S (1990 Edition) w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000) (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. I0.6. By the execution of a Change Order. a Work Change Directive or Written Agreement. OWNER and paragraphs 11.9. I through 11.9.3. inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contrnct Document<>. 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); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement lo a lump sum is nol reached under paragraph 11.3.2. on the basis of the Cost of the Work (detem1ined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (detem1ined as provided in paragraph 11.6). Cost oftl1e Work: 11.4. The tem1 Cost of the Work means the sum of all oosts necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER. such coots shall be in amount~ no nigher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 24 11.4.1. Payroll 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 l°l9sis of their time spent on the Work. Payroll costs shall insh,icle;-euo.net be limited t0: salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment. excise and payroll taxes. workers' c-Ompensation, health &Acl-retireme!ll benefits,- be!luses; siek leave. vaeatieH aaEI heliday pay 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 traru,ix:irtation and storage thereof. and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which lo make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and retunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subconrractors lf required by OWNBR, EJCDC GENERAL CONDm ONS 1910-S (199() Editioo) w/ CITY OF FORT COLLINS MODU' JCAT!ONS (REV 4/200~) performance and fomishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settkments made with the written consent and approval of OWNER No such losses, damages and ~'<Penses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. u; however, any such loss or damage requires reconstruction and CONTRACrOR is placed in charge thereof, CONTRACrOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilit ies at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone cal ls, telephone service at the site, e>-1)res.c;age and similar petty cash items in connection with the Work. 11.4.5.9. Cost 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. I. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership ::md sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants. purchasing and contracting agents, expediters, 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 and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or !.pecifically covered by paragraph 11.4.4-all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. 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 Docwi1ents to purchase and maintain the same (except for the cost of premiwns covered by subparagraph 11 .4.5.9 above). 11.5 .5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defeclive Work. detenuined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in fonn acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Alluwa11ces: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to OWNER and ENGINEER CONTRACTOR agrees that: 11.8. l. the a llowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes: and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on 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 allowances, and the Contract Price shall be correspondingly acljusted. 11.9. Unit Price Work: 26 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work. initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times Lhe 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 Bid~ and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9 .10. 11.9.2. Each unit price will be deemed lo include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. l 1.9.3. O\.\fNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if: 11.9.3. I. the quantity of any item of Unit Price Work perfonued by CONTRACrOR differs materially and significantly from the e~'limated quantity of such irem indicated in rhe Agreement; EJCDC GENERAL CONDm ONS 191 O·S (199() Editioo) w/ CITY OF FORT COLLINS MODU' JCAT!ONS (REV 4/200~) and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; 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 pM 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 tin1e loot due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. ln no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACfOR, or (ii) delays beyond the control of both parties including, but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors perfonning other work as contemplated by Article 7. ARTJ.CLE 13- TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowledge will be given to CONTRACTOR All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. OWNER, ENGINEER. ENGINEER's Cornultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the Work at reasena-ble- times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safoty procedures and programs so that they may comply therewith as applicable. Te~ts and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, 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 lo perform all iru.pections, tests, or approvals required by the Contract Documents except: 13.4. l. for inspections, tes!S or approvals covered by paragraph 13.5 below; 13.4.2. that coots incurred in connection with tests or inspect.ions conducted pursuam to paragraph 13.9 EJCOCG£NERALCONDI110NS 1910-S (1990 Edition) w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000) 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. CONTRACrOR uncovering, exposure, observation, inspection, testing, replacement and recon5truction; and, if the part.ies 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 lo supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will confom1 to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correctio11 or Removal of Defective Work: 13.11. Tf required by ENGINEER, CONTRACTOR shall promptly, as directed. either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, los.5es and damages ca1Lwd 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. Co"ectio11 Period: 13.12.1. If within~ two years after the date of Substantial Completion or such longer period of time a<; may be prescribed by Laws or Regulations or by the terms of 3ny applicable special guarantee required by the Contract Documents or by any specific provision of the Contracl 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 defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such in<;tructions, 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 co~ts of repair or replacement of work of others) will be pQid by CONTRACTOR. 13.12.2. In special circumstances where a panicular 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 elate if so provided in the Specifications or by Written Amendment 13.12.3. Where de/eclive Work (and damage ro orher 28 EJCDC GENERAL CONDm ONS 1910-S (199() Editioo) w/ CITY OF FORT COLLINS MODU'JCAT!ONS (REV 4/200~) Work resu !ting therefrom) has been corrected, 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 ex-tension or the Contract Times (or Milestones) because of any delay in performance of the Work attributable to the e.xercise by OWNER o[OWNER's rights and remedies hereunder. ARTICLE 14--PAYMENTS TO CONTRACTOR A.ND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for prO!:,'TeSS payments and will be incorporated into a fonn of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Paymellt: 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 Documenl~. 1 f payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a biJI of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate properly insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. 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 or anv arrangements involving an escrow or custodianship. By executing the application for payment form the CONTRACTOR expressly waives his right to the benefits of Colorado Revised Statutes Section 24-91-101, ill!!& CONI'RACTOR's Warranty ofTitle: 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 Applications for Progress Payment: 14.4. ENGINEER wll1, within ten days after receipt of each Application for Paymem, either indicare in writing a EJCOCG£NERALCONDI110 NS 1910-S (1990 Edition) w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000) 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 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 ENGJNEER's opinion to protect 0 \VNER from loss because: 14.7.1. the Work is defective, or completed Work has been dam aged requiring correction or replacement. 14.7.2. the Contract Price has been reduced by Written Amendment or Change Order, 14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2. l through I 5.2.4 inclusive. OWNER may refuse to make payment of the ful I amount recommended by ENGINEER because: 14.7.5. claims have been made ag.1inst 0\:1/NER on account of CONTRACTOR'S perfonnance or furnishi ng of the Work. 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7 .7. there are other items entitling OWNER to a set- off again.~t the amount recommended, or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.71 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action Substantial Comp/etio11: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items spec..-ifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to cletem1ine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in wri ting giving the reasons therefor. lf BN'GD'ffiBR 30 EJCDC GENERAL CONDm ONS 1910-S (199() Editioo) w/ CITY OF FORT COLLINS MODU'JCAT!ONS (REV 4/200~) con.~iders 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 CONTRACTOR at any time may notify OWNER and ENGJNEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and suh<;tantially complete and request ENGINEER to issue a certificate of Suh<;tantial Completion for that part of the Work. Within a reasonable time alter either such request, OWNER, CONTRACTOR and ENGJNEER shall make an inspection of that part of the Work to detenuine its status of completion. If ENGJNEER does not consider that part of the Work to be suh<;tantially complete, ENGJNEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If .BNGINEER considers that part of the Work lo 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 Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior lo compliance with the requirements of paragraph 5.15 in respect of property insurance. Final I nspectio11: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGJNEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in wh.ich this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. Final Application for Paymelll: J 4.12. After CONTRACTOR has completed all such corrections lo the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked-up record document~ (as provided in paragraph 6.19) and other docwnents, CONTRACTOR may make application for final payment following the procedure for progress payment~. The fmal Application for Payment. shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents. including but not limited to the evidence of insurance required by subparagraphS.4.13, (ii) consent of the surety, if any, Lo final payment, and (iii) complete and legally eliect.ive 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 COl'-ffRACTOR that: (i) the releases and receipts include aU 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 OWNER!s property might in any way be responsible have been paid or otherwise sarisfied Tf any Subcomraccor or Supplier fails EJCOCG£NERAL CONDI110NS 1910-S (1990 Edition) final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any ~-pecial guarantees specifad therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 14.15.2.A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15--SUSPENSION OF WORK Al'ID T.ERM]J"'IATION OWNER May Suspe11d Work: IS.I. Al any lime and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract T imcs, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor a5 prov.idcd in Articles 11 and 12. Ol¥NER May Terminate: 15.2. Upon the occurrence of any one or more of the following evenl5: 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); 15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 15.2.3. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, afier giving CONTRACTOR (and the surety, if any) seven days' written notice and to the extent pem1itted 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 CONTRACTO"R for trespas.<> or conversion), incorporate in the Work all materials and equipmem stored at the site or for which OWNER has paid 32 EJCDC GENERAL CONDm ONS 191 O·S (199() Editioo) w/ CITY OF FORT COLLINS MODU' JCAT!ONS (REV 4/200~) CONTRACTOR but which are stored eL5ewhere, and finish the Work as O\¥NER may deem expeclienl In such case CONTRACTOR shall nol be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs. los.5es and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be sum finally detem1ined to be due, then CONTRACTOR may, upon seven clays' written notice lo OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, tem1inate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all such amounts due CONTRACTOR, including 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 e>qxmses or damage directly attributable to CONTRACTOR's stopping Work as pem1ined by this paragraph. ARTJ.CLE 16-DISPUTE RESOLUTJON Tf and to the extent tllat OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC-A, "Dispute Resolution Agreement", to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11 and 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any fa-pule. ARTICLE 17-~IlSCELLANEOUS Givi.11g Notice: l 7.1. Whenever any provision or the Contract Docun1ents 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 !im1, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail postage prepaicl to the last business address known to the giver of the notice. 17.2. Computati.011 ofTi.me: l 7.2. l. When any period of time is referred to in the Contract Documents by days, it will be oornputed to exclude the first and include the last day of such period If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction. such day will be omined from the computation. EJCOCG£NERALCONDI110NS 1910-S (1990 Edition) w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000) l 7.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 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 subcontractors in or about the performance of the Work. Such funds must be withheld until said claims have been oaid or such claims as filed have been withdrawn. such payment or withdrawal to be evidenced by filing with OWNER a r~eipt in full or an order for withdrawal in writing and signed by the person filing such a claim or his duly authorized agents or assigw;. Such funds shall not be withheld longer than ninety (90) days following the date fixed for final settlement, as published in a public newsoaper in accordance with the law, unless an action is commenced within that Lime to enforce such unooid claim and a notice oflis pendens is filed with the OWNER. At the expiration of such ninetv (90) dav period, OWNER shall oov to CONTRACTOR such moneys and funds as are not the subject of suit and lis pendens notices, and shall retain only sufficient funds to insure the pavment of judgements which mav result from the suit. 34 EJCDC GENERAL CONDm ONS 1910-S (199() Editioo) w/ CITY OF FORT COLLINS MODU'JCAT!ONS (REV 4/200~) 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 77 of 82 (This page lef:l blank intentionally.) EJCOCG£NERALCONDI110NS 1910-S (1990 Edition) 35 w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000) 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 78 of 82 36 EJCOC GENERAL CON01 ·n ONS 1910-S (1990 Edilioo) w/ a TY OF FORT COLLINS MOO!fl CATIONS (REV 41200<') 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 79 of 82 EXHIBIT CC-A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRAC l'OR is amended to include the following agreement of the parties: 16.1. Al I claims, disputes and other matter~ . in question between OWNER and CONTRACI'OR ansing out of or relating to the Contract Documents or. the breach thereof (except for claims which have been waive? by the making or acceptance of fina l ~ayment as p~ov1~ed ~y paragraph 14.15) will be decided by arb1tra11on . m accordance with the Construction Industry Arbitration Rules of the American Arbitration Association thc_n obtaining, subject lo the limitations of the Article 16. Tlus agreement so 10 arbitrate and any other agreeme!lt or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be spcci~cal_ly c~or~eablc under the prevailing law of any court havmgJur1sd1cbon. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for deci~on in ~cco~dance with paragraph 9.11 wi ll be made until the earh~r ot (a) ~he elate on which ENGINEER has rendered a wntten decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered bv ENGINEER before that clate. No demand for arbitratio~' of any such claim, dispute or other matter \~ill be made later than thirty days after the date on which ENGTNEER has rendered 11 written decision in respect thereof in accordance with paragraph 9.11; and lh~ failu'.e to demand arbitration within said thirty days' pcnod will result in ENGINEER's decision being fmal and binding upon OWNER and CO~RA~OR ~f ENGINEER renders a decision after arbitrabon proceedings have been initiated. such decision may be entered as evidence but will not supersede the arbitration proceedings. except where the decision is acceptable to the panies concerned. No demand for 11rbitration 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 JJ'lragraph 9.10. 16.3. Notice of Lhc: demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for infonnalion The demand for arbitration will be made within the thirty-clay or ten-clay period specified in paragraph 16,-2 as applicable: and. in all other cases within a reasonable tune after the clain1, d1Spute o r olhP,r nrnltP.r in rp 1~inn hM Ari!;Jm, nnrl in no iwP.nl shnll any such demand be made after the date when i11:5titution of legal or equitable proceedings based on such cla1111, dispute or other matter in question would be barred by the applicable statute of limitations. EJCOC GENERAi.. CONDITIONS 1910·8 (1990 Editioo) wt CITY OF FORT COLLINS MODIFICATIONS (REV 9199) 16.4. 11xcept as provided in pa~agraph 16.5 below. EJCJ)C GENERAL CONDITIONS 1910-8 (1990 Edition) GC·Al w/ CITY OF FORT COLLINS MODTFICA TIONS (REV 9/94) 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 81 of 82 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 82 of 82 no arbitration arising out of or relatmg 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 alforcled among those who are already parties to the arbitration, and 16.4.2. such other person or entity i~ s~bstantially involved in a question of law or fact which 1s common to those who are already pan1es to the arbitration and which will arise in such proceedings. and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall ~onstitute con;;ent 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 between OWNBR and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a spcci fie provision whereby the Subcontractor consents lo being joined in an arbitration between OWNER and CONTRACTOR involving the Wak of . such Subcontractor. Nothing in this paragraph 16.5 nor m the provision of such subcontract consenting. to joinder shall <.Teale any claim, right or cause of action in favor of Subcontract« and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exJSt. 16.6. The award rendered by the arbitrators will.be final, judgment may be entered upon it in any court. having jurisdiction thereo( and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettl~ clai~s. counterclaims. disputes and other matters m question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"). to mediation by the American Arbitratioo Association under . the Construction Industry Mediation ~ules of the An~~n<:&n Arbitration A5SOciation prior to either of them irulHllmg againl.t the other a demand for arbitration pur~~a!1t . to paragraphs 16.1 ~ough 16.6, ~~ss delay m iruha~ng arbitration would IrTevocably prejudice one of the parties. The respective thirty anc~ ten. day time limits .within which to ftle a demand for arb1tra!Jon es provided m paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation .within those ;;amc applicable time limits and shall remam suspended until ten days alter the renn i~ation of th~ n.1ediation. ·~·he mediator of any dispute subn11tted to mcd1at1on under this Agrccm~t shall not serve as arbitrator of such dispute unless otherwise agreed. GC-At 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 80 of 82 party's 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 any applicable statute of limitations or repose.Cumulative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the right~ and remedies available hereunder lo the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6. 12, 6. 16, 6.30, 6.31 , 6.32, 13.1, 13.12, 13. l 4, 14.3 and 15.2 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 ot: 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 Docwnents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Docwuents in connection with each particular duty, obligation, right and remedy to which they apply. Proftu:sional Faas and Court Costf Jnc/utlad: 17.5. Whenever reference is made lo "claims, costs, losses and damages", it shall include in each ca5e, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. 17,6. The laws of the State of Colorado apply to this hgreement. Reference to two pertinent Colorado statutes are as follows; 17.6.1. Colorado Revised Statutes (CRS 8-17-101) require that Colorado labor be employed to perform the Work to the extent of not less tllan 80 percent (80%) of each type or class of labor in the several classi!ications of skilled and common labor employed on the project. Colorado labor means any person who is a bona fide resident of the Stale of Colorado at the time of employmenb without discrimination as to race, color. creed, age, religion or sex. 17.6.2. If a claim is filed OWNER is reauired by law CCRS 38-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the pavment of all claims for labor. materials, team hire, sustenance, provisions. provender, or other supplies used or consumed bv CONTRACTOR or his 33 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 76 of 82 paid to CONTRACTOR If such claims, costs, losses and damages exceed such unpaid balance, CONTRACTOR sl:iall pay the dillerence to OWNER. Such claims. costs. losses and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work perfom1ed. 15.3. Where CONTRACf OR's services have been so terminated by OWNER, the tem1ination will not aliecl any right<> or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONfRACfOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACfOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER elect to tenninate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): I 5.4.1 . for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of tem1ination, including fai r and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work. plus fa ir 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 tem1.ination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic I= arising out of or resulting from such termination. CONTRACTOR May Stop Work or Terminate: 15.5. lC through no act or fault of CONTRACTOR the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or BNGIN:SER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for th.iny days co pay CONTRACTOR any 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 75 of 82 w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000) to ti.mush 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 con'lent of the sur1:ty to fmalize wvrnent are to be submitted on fonns confom1ing to the fom1at of the OWNER'S standard fonns bound in the Project manual. Final Payment aml Accept(lllce: 14.13. If. on the basis of ENGJNEER's observation of the Work during construction and final inspection, and BNG1NEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents hav.: been fulfiUed, ENGINEER wiU, within ten days after receipt of the fmal Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. 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, BNG1N6BR will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the neccssmy corrections and resubmit the Application. Thiny days after presentation lo OWNER of the Application and accompanying documentation, in appropriate fom1 and substance and with ENGlNEBR!s recommendation and notice of acceptability, the amotmt recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR subject to paragraph 17.6.2 of these General Conditions. 14.1 4. It: through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confinns, OWNER shal~ upon receipt of CONTRACTOR's final Application for Payment and recommendation ofENGlNEER, and without lenuinating the Agreement. make payment of the balance due for that portion of the Work ful ly 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. l , the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGJNEER with the Application for such payment. Such payment shall be made under the tern1s 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. l. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsealed l..iens, from defecrtve Work appearing after 3 1 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 74 of 82 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, after considering such objections. ENGINEER concludes that the Work is not sub~tantially oomplete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGJNEER oonsiders the Work substantially complete, ENGINEER wil I 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 th.e tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written reoommendation as to division of responsibi lities pending fi nal payment between OWNER and CON rRACTOR 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 BNG.INEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNBR 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 oomplete or correct items on the tentative list. Ptutial Utili;.t1tio11: I 4.1 0. Use by OWNER at OWNER's option of any substantially completed part of the Work, which: (i) has specifically been identified in the Contract Documents, or (ii) 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: 14.10.1.0WNER at any time may request CONTRACTOR in writing to pennit O\.VNER. to use any such part. of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that pan of the Work. 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 73 of 82 Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation. the amoWlt 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. ENGlNEER'.s recommendation of any payment requested in an Application for Payment will constitute a representation by ENGJNBER to OWNER, based on BNG"CNBER's on-site observations of the executed Work as an experienced and qualified design professional and on BNGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, infom1ation and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Contract Docwnents (subject to an evaluation of the Work as a functioning whole prior to or upon Subst·rntia I Completion, to the resul.ts of any subsequent tests called for in the Contract Docw11ent5, to a final detennination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and I 4.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfi lied insofar as it is ENGINEER's responsibility to observe the Work. 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 (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR 14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that ENGINEER is respon5ib]e 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 perfonnance of Work, or for any failure of CONTRACTOR to perfom1 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 represem.ations 10 29 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 72 of 82 removed or replaced under this pQragrnph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of ~ two years after such correction or removal and replacement has been satisfactorily completed. lkcepta11ce of Defective Work: 13 .1 3. lf. iru.tead of requiring correction or removal and replacement of defeclive Work, OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER!s evaluation of and determination to accept such defective Work (such costs to be approved by ENGJNEER as lo reasonableness). If any such acceptance occurs prior to BNGTNEER's recommendation of final payment, a Change Order will be is.<>ued incorporating the necessary revisions in the Contract Docwi1ents with respect lo 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 the.reof, OWNER may make a claim d1erefor as provided in Article 11. l f the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to 0Wl\1ER. OWNER May Correct Defective Work: 13 14. If CONTRACTOR fails within a reasonable time after \~Titten notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perfonn 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 posses.5ion of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGINEER's Consultants access to the site to enable OVvNER to exercise the rights and remedies under this pQragraph. All claims, costs, losses and damages incurred or sustained by 0\.1/NER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporalmg the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate de<.Tease 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 I 1. Such claims, casts, los.<;es and 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 71 of 82 sha II assume fu U responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furn ish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall a lso be responsible for arranging and obtaining and shall pay all costs in connection with any ~-pections, tests or approvals required for OWNER's and ENGJNEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mi.." designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13 6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGCNEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Unoovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the S.'lme and ENGINEER has not acted with reasonable promptness in response to such notice. Uncol'ering Work: 13.8. If any 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 CONTRACT OR's expense. 13.9. ff ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover. expose or otherwise make available for observation, iru.pection or testing as ENGINEER may require, that portion of the Work in question. furnishing all necessary labor. material and equipment If il is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation. inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the pMies are wiable to agree as to the amount thereof. may make a claim therefor as provided in Article 11. If, however, such Work is nol found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Mile.<;tones), or both, directly amibmable t0 such 27 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 70 of 82 11.9.3.3 if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 11.9.3.4. CONTRACTOR acknowleilies that the OWNER has the right to add or delete items in the Bid or change quantities at OWNER'S sole discretion without affectina the Contract Price of any remaining item so long as the deletion or addition does not exceed twentv-five percent of the original total Contract Price. ARTICLE 12--CHANGE OF CONTRACT T!MES 12.l. 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 <lei ivered by the party making the claim to the other party and to ENG'INEER 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 clays after such occurrence (unless .ENGINEER alJows additional time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimanCs written statement that the acljustment claimed is the entire adjustment to which the claimant has reason to believe it i~ 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 paragraph 9.11 if OWNER and CONTRACTOR cannot otherwL<>e agree. No clain1 for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements oflhis paragr~1ph 12.1 . 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement 12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) clue to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time Jost 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 nol be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors perfom1ing other work as contemplated by Artick 7, fires. Ooods, epidemics, abnom1al weather condirions or acts of God. Delays an:ributable ro and 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 69 of 82 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 eiqJressly included in paragraph 11.4. 11 .6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as fo!Jows: 11.6.1 . a mutually acceptable fixed fee; or 11.6.2. if a li><ed 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; 11.6.2.2. for costs incurred under paragraph 11.4.3. 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 fi"'<ed fee is agreed upon, the intent of paragraphs 11.4.1 , 11.4.2, 11.4.3 and 11.6. 2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, wi 11 be pa id a fee of fi ftcen percent of the costs; incurred by such Subcontractor under paragraphs 11.4.l and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee~f:..+iv&-FlereeR&-et:-tfi&-ameuRt.-J*!i~-te lhe-next-lewer-~ier-Subeentrnete?, to be negotiated in good faith with the OWNER. but not to exceed five percent of the amount paid to the next lower tier Subc9ntractoc 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4. 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which 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 net de<:.Tease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be EJCOCG£NERALCONDI110 NS 1910-S (1990 Edition) 25 w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000) 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 68 of 82 CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to O\\'NER. and CONTRACTOR and shall deliver such bids lo 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 Cosl of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in lhe same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special conc;ultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence ex-penses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and maintenance. of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work. and cost less market value of such items used but not consumed which remain the property of CONTRACTOR 11.4.5.3. Rentals o f all construction equipment and machinery and the parts thereof whelher rented from CONTRACTOR or others in accordance with rental agreements approved by OVlNER with the advice of ENGINEER. and the costs of transportation, loading, unloading, installation, dismantling and removal thereof-all in accordance with terms of said rental agreements. The rental of any such equipment. machinery or parts shall cease when the use thereof is no longer necessary for the Work. J 1.4.5.4. Sales, consw11er, use or similar taxes related to the Work., and for which CONTRACTOR i~ liable. imposed by Laws and Regulations. J 1.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR. any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for pennilS and licenses. 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or othenvise, sustained by CONTRACTOR in connection with the 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 67 of 82 CONTRACTOR ex re!i§l.Y_!!_Cknowledge and agn;e that said Change Order. Work Change Directive or Written Ameement provides for a fair and equitable adjustment in the Contract Price and/or Contract Times for the additions. deletions or revisions in the Work as authorized by said Change Order, Work Change Directive or Written Agreement OWNER and CONTRACTOR further e,wressly acknowledge and agree that claims for adjustmcnt5 to the Contract Price and/or Contract T imcs covered bv a Cha112e Order. Work Change Directive or Written Agreement are not valid. ARTlCL.E 11--CHANGE OF CONT.RA CT PRLCE 11.1. The Contract Price oonstitutes 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 atCONTRACTOR's expense without change in the Contract Price. l J .2. The Contract Price may only be changed by a 01ange Order or by a Written Amendment Any claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) alter 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 (tulless 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 ENGJNEER in accordance with paragraph 9.1 l if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price wlll be valid if not submitted in accordance with this paragraph I 1.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjusbuenl in the Contract Price will be detennined as follows: 11.3. l. where the Work involved is covered by unit prices oontained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subjecr to rhe provisions of 23 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 66 of 82 di~-pute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such 22 EJCDC GENERAL CONDm ONS 191 O·S (199() Editioo) w/ CITY OF FORT COLLINS MODU' JCAT!ONS (REV 4/200~) decision, unless otherwise agreed in writing by OWNER and CONTRACTOR 9.12. When functioning as interpreter and judge under paragraphs9.1 0 and 9.1 1, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable 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. cfu.-pute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) wi ll be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Document~ or by Laws or Regulations in respect of any such claim, dispute or other matter~uant lo Artiele 16. 9.13. Limitations on ENGINEER's Authority and Respon.tibilities: 9.131. Neither BNGINEBR's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGIN'EBR 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. 9.132 . . ENGl'NBER 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 perfom1ance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure lo perfom1 or furnish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.1 3.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions. schedules. guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by JJ!lragrnpb 14.12 will only be to determine generally that their content 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. 9.1 3.5. The limirations upon authority and 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 65 of 82 or the Contract T irnes and the parties are unable to agree to the amount or extent thereo( if any. OWNER or CONTRACTOR may make a written claim therefor as provided in Article l l or Article 12. A.utlwrized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and wil l be binding on OWNER and also on CONTRACTOR who sha.11 perform the Work involved promptly. ff OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract T imes 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 11 or 12. Rejecting Defective Work: 9.6. ENGJN'EER 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 confonns 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, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles I 0, 11, and 12. 9.9. In connection with ENGINEER's authority as to Applications for P'Jyment, see Article 14. Determinations for U11it Prices: 9.10. ENGINEER will detennine the actual quantities and classifications of Unit Price Work perfonned by CONTRACTOR. ENGINEER will review with CONTRACJ'OR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recom menclation of an Application 21 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 64 of 82 9.3.2.7. Records. 9.3.2.7.l. Maintain at the Representative's office orderly files concerning correspondence. reports of job conferences. Shop Drawings and samples. reproductions or original Contract Documents including all Work Directive Changes, Addenda, Change orders, Field Orders, additional drawings issued subsequent to the execution of the Agreement, ENGINEER'S clarifications and intcmretations of the Contract Documents, progress reports and other project docwnents. 9.3.2.7.2. Keep a diarv. dailv report fom1, or log book, recording hours on the job site. weather conditions. data relative to gue._<;tions of work directive changes, Change Orders, or changed conditions, list of job site visitors. daily activities. decisi.ons. observations in general and specific observations in more detail as in the ca<>e of ~g te021 procedures· send copjes to the ENGINEER 9.3.2.7.3. Record names, addresses and telephone numbers of all CONTRACTORS. subcontractors and major su12pliers of equipment and materials. 9.3 2.8. Reports. 9 3 2 8.1. Furnish ENGINEER periodic reports as required of the prpgress of the Work and of the CONTRACTOR'S coo1Rliance with the progress schedule and schedule of shop Drawing and sample suhmittaJs. 9.3 2 8 2 Consult with ENGINEER in §ldvance of scheduling major t~ inspections or start of im po11ant phases of the Work. 9.3.2.8.3. Draft proposed Change Orders and Work Directive Changes obtaining backup material from the CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Chames and field orders. 9.3.2.8.4. Report immediately to ENGINEER and OWNER lhe occurrence of anv accident. 9.3.2.9. Pavment Requests. Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward wilh recommendation IO 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 63 of 82 providing for OWNER a greater degree of confidence that the completed Work will confonn generally to the Contract Documents. On the basis of such visits and on- site observations, ENGINEER will keep OWNER infom1ed of the progress of the Work and will endeavor to guard OWNER against defective Work. BNGINBER's visits and on-site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on-site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR's means, method5, 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 perfonnance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER wi II 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 as.sistants will be as provided in paragraphs9.3 and 9.13 and i11 t.l<ie Supplemer~ Geneitiens of these General Conditions. If OWNER designates another representative or agent t.o represent O'NNER at the site who is not ENGJNEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person wiU be as provided in ~ Qarngi:aph 9.3 of these General Conditions. If the ENGINEER furnishes a Resident Project Representative <RPR) or other assistants. or if the O'NNER designates a Representative or agent. all as provided in paragraph 9.3 of the General Conditions, these Representatives shaU have the authority and limitations as provided in paragQ!ph 9.13 of the General Conditions and shall be subject to the following: 9.3. 1. The Representative's dealings in matters pertaining to the on-site work will, in general. be with the ENGJNEER and CONTRACTOR But. the Representative will keep the 0Wl\1ER properly advised about such matters. The Representative's dealings with subcontractors will only be through or with the full knowledge and approval of the CONTRACTOR 9.3.2. Duties and Resoonsibilities. Representative will: 9.3. 2. 1. Schedules - Review che progres.s 19 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 62 of 82 7.3. If the proper execution or results of any part of CONI'RACfOR's Work depends upon work perfonnecl 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 fi t and proper for integration with CONTRACTOR'S Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contract<> with others for the perfom1ance of other work on the Project at the site. the fo llowing will be set forth in Supplementary Conditions: 7.4. l. the person, finn or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors wi II be identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8--0WNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, 0\.VNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer ngainsl whem-GGN-I-AAG'l'eR--makes-ne-resseMble-ebjeet·iefl; whose stan1s under the Contract Documents shall be that of the fonner ENGINEER 8.3. OWNER shall furnish the data required of O\¥NER under the Contract Documents promptly and shall make payments t.o CONTRACTOR promptly when they arc due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4. 1 and 4.4. Paragraph 4.2 refers to OWNER'S identifying and making available to CONTRACTOR copies of reports of ex'Plor.itions and tests of subsurface conditions at rhe site and drawing.-; of physical conditions in exisring 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 61 of 82 6.30.2.1. observations by ENGINEER; 6.30.2.2. recommendation or any progress or fina l payment by ENGINEER~ 6.30.2.3. the issuance or 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 iSSll3nce of a notice of acceptability by ENGINEER pursuant to paragraph 14. 1 3~ 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER. fltdemnijication: 6.31. To the fu II est extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold hanuless OWNER, ENGINEER ENGINEER's Con.<rultants and the officers, directors, employees, agents and other con$U(tants 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 cJaim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or lo injury lo or destruction of tangible property (other than the Work itselt), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may 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 indemnified party by Laws and Regulations regardles.~ or the negligence or any such person or entity. 6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultant<>. agents, officers, directors or employees by any employee (or the survivor or personal repre.<;entative of such employee) of cm...rrRACTOR any Subcontractor, any Supplier, any person or organizac.i on direccly or indirectly employed by 17 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 60 of 82 the Specifications. 6.25. Submittal Procedure/i: 6.25.1. Before submilling each Shop Drawing or Sample, CONTRACTOR shall have detenuined and verified: 6.25.1. l. all field measurements, quantities, dimensions, specified perfonnance criteria, instaUation requirements, materials, catalog numbers and similar infom1ation with respect thereto, 6.25.1 .2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the perfom1ance of the Work, and 6.25.1.3. all inforniation relative to CONTRACTOR's sole responsibilities in respect of mesns, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate 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 required by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals wilL after installation or incorporation in the Work. conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER'S review and approval will not e>.'tend to means, methods, techniques, sequences or procedures of construction (except where a particular means, merhod, rec.hnique, sequence or procedure of 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 59 of 82 the site one record copy of all Drawings, Specifications, Addenda, Written Amendments. Change Orders, Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant lo 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 Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, and prior to release of final payment, these record documents, Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for m1t1attng, maintaining 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 lo prevent damage, injury or loss to: 6.20 1. all person<; 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, roodways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable l.awi; and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for sucli safety and protection. CONTR.ll.CTOR 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 em ployed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omi$.$ions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts ltny of them may be liable, and nol attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and respon<;ibi lities 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 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 58 of 82 EJCDC GENERAL CONDm ONS 191 O·S (199() Editioo) w/ CITY OF FORT COLLINS MODU' JCAT!ONS (REV 4/200~) Permits: 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 pennits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids. or. if there are no Bids. on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14. Lawi; uml Regult1tions: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furrushing and performance of the Work. Exoept where otherwise expressly requ.i red by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or R.egu lations. 6.14.2. If CONTRACTOR pcrfonns any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shalt bear all claims, cost'), los.~ 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 par.igraph 3.3.2. Taxes: 6.15. CONTRACTOR shall pay all sales, conswner, 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 perfonnance of the Work. 6.15.1. OWNER is exempt from Colorado State and local sales and use taxes on materials lo be ~nnanentlY. incoroorated into the project. Said taxes shall not be included in the Contract Price. CONTRACTOR must applv for. and receive, a Certificate of Exemption from the Colorado Deoartment of Revenue for construction materials lo be phY.sicallY. incorporated into the projecL This Certification of Exemption provides that the CONTRACTOR shall neither paY. nor include in his Bid Sales and Use Taxes on those building and construction materials phvsicallv incorporated into the project. Address: COiOriido Department of Revenue Scace Capirnl Annex 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 57 of 82 w/ CITY OF FORT COLLINS MODff!CATIONS {REV <1/2000) CONTRACTOR shall perfonu not less than 20 percent of the Work with its own forces (that is. without subcontracting), The 20 oercent requirement shall be understood to refer lo the Work the value of which totals not less than 20 oercenl of the Contract Price. 6.8.2. Y--t.fi~uppleineHtefY-Gooelitiens Bidding Documents require the identity of certain Subcontractors. Suppliers or other persons or organizations (including those who are to furnish the principal items of materials or equipment) to be submitted to OWNER in-ailvanee~Hhe-speettieEI ~prior to the Effective Date of the Agreement for acceptance by OWNER and ENGrNBER,---fH*H-f cmrrRACTOR hes !j\;11'JmitteEI a list thereef iA aecordanee wilh Lhe Supplementary Condit-ieris;" OWNER's or ENGINEER!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) ef any SHsh Subsonll"eslor, Supplier or other peFSOJ'l or eFgBfliZ;StiE.lfl so iele.ntified may be revoked Ofl tfle basis of reasoAable objootion alter due im•estigetion, rn which ease CONTRACTOR sl'lall subm it aA aeeep!Bble !lttbstitute, tfle GoAtraet Priee will be adjusted hy the difference ifl the east oseasioAeel hy Slich-substttutio1H H16-0n-nppmpr-iate-Gk0Age-Gr-Ger will be iSSlieel er Written AffieREl!tiem sigRed. Ell constitute a condition of the Contract requiring the use of the named subcontractors, suppliers or other persons or organ.ization on the Work unless prior written approval is obtained from OWNER and ENGINEER. No acceptance by OWNER or ENGlNEER of any such Subcontractor, Supplier or other person or organization shall con~t itute a waiver of any right of OVJNER or ENG.INEER to reject defective Work. 6.9. 1. CONTRACTOR shall be fully re~1JOnsible lo OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations perfom1 ing or fumishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor. Supplier or other person or organization any contractual relationship between OWNER or ENGJNEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGJNEER to pay or to see lo 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 anv subcontractor. supplier or other person or organization evidence of amounts paid lo CONTRACTOR in accordance with CONTRACTOR'S "Applications for Payment". 13 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 56 of 82 permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7. 1.1 . "Or-Equal": If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGT.NEER as an "or~qua l " 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 acceptance of proposed substitute items. 6.7. 1.2. Substitute Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or~qual " item under subparagraph 6.7.1.1 , it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient infom1ation as provided below to allow ENGINEER to detem1 ine 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 BNGINBER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGlNEER from anyone other than CONTRACTOR lf CONTRACTOR wishes to furnish 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 function.s and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified The application will state the extent, if any. to which the evaluation and acceptance of the proposed substitute will prejudice 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 Prqject) 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 directly or indirectly from acceptance of such substitute. including costs of redesign and clain1s of orher conrractors affected 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 55 of 82 be accomplished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing eCfected any changes in coverage necessitated thereby. The insurers providing the property insurance shaU 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-COJ'"ITRACTOR'S RESPONSIBILITIES Supen>isio11 a.nd Superintende11ce: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and e(ficiently, devoting such attention thereto and applying such skills and e,xpcrtise as may be neccs-c;ary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACf OR shall not be responsible for the negligence of others in the design or specification of a specific mean<;. method, technique, sequence or procedure of con~truction which is shown or indicated in and expres.-;ly required by the Contract Documents. CONTRACTOR shall be responsible to sec that the completed Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent. who shall not be replaced without written notice lo 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 communications to the superintendent shall be as binding as if given to CONTRACTOR Labor, Materil1ls tmd Equipme11t: 6.3. CONTRACTOR shall provide competent., suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain 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 Docwnents, all Work at the site shall be perfonned during regular working hours and CONTRACTOR will nol permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written con5enl given after prior written notice to ENGINEER. CONTRACTOR shaU submit requests 10 the ENGINEER no less than 48 hours in advance of any Work to be perfom1ed on Salurdav, Sunday, Holidays or outside the Regular Working Hours. 11 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 54 of 82 OORUU6AGeRleRt-ef..the-W~FIHlt-th&-site,G-W-NER-shabkn writiHg aclvise COJ>ffRAGTOR whe!her er nel sueh other insuronee has eeeR proeured 0)· ()1,1/l>IER 6.U. W<1F.·er efRigh15: .S.,.J+.+:-8W·NER--aml-GGJN=f.AAG:r~R-intend-lflat-a·ll peJ.iGies-purcli0seEl-in-eacer4l116e--w-ith-perngfa pks~ anel 5.7 will preteet OWNJ;R, GOJ>ITRACTOR, SubeentreeteFs-:-BNGINEER::--6N~INEBR.!s Gonsult!lflls a!ld eY ether persons or eatities ideatified iR the Supplementary Cenelitiens lo lo>e listed as insureels-er-additiona-l-in.Slireels-i·n-st1eh-pe~ieies-anel will pre~·ide primary eoverage fer all lesses 1rnel damages caur.eel by the perils OO'lered thereby. All sueh pelieies shell eentaill prnvisioos te the effeet that ID the eveRl ef 139y111ent of any less er damage the iftsurers wi II ha'o'e ne rights of reeo'iery against any ef the insureels er additienal insureds thereuREler. OWNER aRel COl'ffRAGTOR wei~·e all rights against eaeh other and lheir rtl6-peetin1 offieers, directors, employees anEI agents for all los.5es and damages ea1:1seel by, arisiAg t)llt of or resulting from aRy of the perils sewered by sueh pelicies end any ether jlroperty iRsurance applieable ta the Werk; Ana, ifl aelelitiel'l; wai'+'e ell s1:1eh right:i egaiflst Subealltractors, BNGil'IEBR; BNGG'lBBR's Gen%l·ltant5-a REl-a~·kllher-peFOOns-er-entcities-iElentifieel iR the Sttpplcmentar)' Cotlditien:s te 0e listed as irisureEls er additi91lal illsureEls UFider sueh polieies for lesses and Elamages so caused. Wene of the above waivers sRall e1<teREI to the rights !hat ally party making sueh •.vaiver may have ro the preeeeels ef iRsuFance RelEI 0y OWNBR AS trustee er otherwise 1:iayable-\ineler-any7'l0J..iey-se-isst1e4 5.11.2.1. less ellle te e1:1si:t'le5S i:t1terruptiel'l; loos et:...use-eF-Otker-eert~uentia+-les&-ex-tenel,ing ~yeR.El-difeet-physiea·l-Jess-er-Elamege--te OWJ>lER's preperty or the \\'erk eet1set'I ey. 0fising-€Jt1k>f.or-r-eS<11ting-tronHi·re-er-etll.er- per1-l-; whether-eF-net-insW'eel-by-Q.WNE.R;-11nEI ¥ 1.2.2. less-ef-Elarnage-te-th~ompleteEl Project er pert thereef ea1:1seel a;', erisiflg out of or r-esl:llting-tfem- lire-er-elher-irourecl-peFiJ..oovere1:l 0}· eRy property imufB!lec mnintaifled OR the eompleteel Projeet or purl thereof 9y O\l/l>n;R EluFiflg-pariiol-1:1tiJi0.1t-ien-pursuaRt-·te J*lFagraph-l+.l·~.fter-S1:1bsta111iat-€emplelien puR>uaHl-t-G-J30.FOgFaph-14.8-er-o4ter-tma1-tioymenl pllFSUEifll l9 pElRlglllpR 14.13 . ARy insumnee paliey meiRi,aiaeEI 9y ()W}IER eoverif!g BRY less, da1flage or conseEtuentiel loss referreel ta iR this paregreph 5.1 1.? shell eentaill pre•t'isiells te the efteet th11t in the evcRl of payment ef any sueh less, Ela~ consequential less the in.surers 'Nill have no rights of 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 53 of 82 prior written notice has been given to OWNER and CONTRACTOR and to each olher additional insured 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 paragrnph 5.3.2 will so provide); 5.4.l 2. remain in eJYect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing ~fective Work in accordance with paragraph 1312; 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 furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been is.'!Ued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at fi nal payment and one year thereafter). OWNER's Liability Insurance: 5.5. In addition to in.'!Urance required to be provided by CONTRACTOR under paragraph 5.4, OWNER. at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against clain1s which may arise from operations under the Contract Documents. Properly l11Sllrance: §.:e:--1Jnles.'H1tNeFWi~1.w·iaed-if1-tJ1e-S1:1pplemenla~ Genai~ioos;-~~R--sl~al-l-ptirehase-end-ma-intai-n flTepert)' insUfllnee 1:1pen 1:he Vierk et !he site iR 1:he flf!le1:1nl of-tl~e-fu-ll-Feplaeement;-.eest-tker-e0t~bjeet-t0-S1:1eh deElu c~i1::lle-emew-nts-<1s-may--'*i-pr~v-ideG-ID-t.ll.e S1:1pplemen~8J'y-GonElitioos-er-requi-reEl-by-bsws-tmd R-egl+latiens·):-J:ltis-rasurone6·Sha1¥.- ~6:-I-. -inel1:11fo-~ke-iriteres~f-GWNBR; CONTRACTOR; Subeelll'feeteFS; Bf>TGl}IEER; BNGINBI;R's COOStiltaRts encl Ufl'f other ):)ersons er eRL-ities-iElenH+ieEl-in-th~1Jpplement0ry-GenEli~iens; eaeh~vhem-is-&een1e<:l-le-hll·ve-an-inst1Fable--interest an~i.sl:ia IJ..'3;Hist.e~1-as-on-insUFecl·eH1Eieli~ieBa-knsWFe~ ~be-\,,.riuen-efHl-Bui-IEieffl-R.isk.....l!tl l·l-r1sk.!!..ef epell peril or speeiul sauses of loss peliey fefftl !hat shall at least inelucle insuraAee fer ph;,.sieal loss or elarnege le !Re Werk, tempernry auilaings, fa lsewerk aREI Werle in traflSit aRcl sholl insure against at least the following perils: fire, lighm.ing, entended 9 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 52 of 82 Hai!llraellS 1.Veste er R:aelieltetil'e Material ltFloo~EI or re•1ealed at the site. EJCDC GENERAL CONDm ONS 1910-S (I 99() Editioo) w/ CITY OF FORT COLLINS MODU' JCAT!ONS (REV 4/200~) ARTICLE 5--.BONDS AND INSURANCE Pe1formance1 Payment am/ Other Bonds: 5.1. CONTRACTOR shall furnish Perfonnance and Payment Bonds. each in an amount at least equal to the Contract Price as security for the faithful perfomrnnce 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 as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also fum.ish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the fonn prescribed by the Contract Docw.nenls e,'{cept as provided otherwise by Laws or Regulations and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Departmenl All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is tem1inated 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. L.icensatl Sureties and lnsura~; Cartificates of lllsura11ce: 5.3.l. 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 authoriwd 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. Co:t-rIRACTOR shall deliver to OWNER with oopies lo 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 lo purchase and maintain in accordance with paragraph 5.4. Q.WNE~ll Eleliver te COl>ITRACTOR, with eepies le eaeh addi~ienal-ins11Ie<l-iden~ttiecl-in-the-S1:1p~lementary GOflditions, eeratieoles of ins\if8A6eflel ether eviEleAce ef ms\ifaAee reql:lesteEI by CO}ITRAGTOR er 8.llY ether eEIElitiertel i11StJreEI) whieh OWNER is reEj1o1keEI le p\iFGhuse aAd maifllaifl in aocerEli1Ael! with paragraphs 5.6 and 5.7 hereof. 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 51 of 82 Underground Facility and detem1ine the extent, 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 Contract Doctunents is required. a Work Change Directive or a Change Order will be issued as provided in Article I 0 to reflect and docwnent such consequences. During such time, CONTRACTOR shall be respon~ible for the safety and protection of such Underground Faci Lity as provided in paragraph 6.20. CONTRACTOR sA&ll ~ 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 e,xpected 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 Contract Times, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. However, OWNER. ENGINEER and ENGlNEER:s Consultants shall not be liable to CONTRACI'OR for any claims, costs, los.'>Cs or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4.4. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER'S judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shaU report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. 4.5. Asbe5tos, PCBs, Petroleum, Hazardous Wa5te or Radioactive Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Speci.fications or identified in the Contract Documents to be within the S(;Ope 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 responsi b I e. 7 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 50 of 82 Documents; then CONTRACTOR shall, ~ immediately after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as pem1itted 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: ENGlNEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional ex1JIOration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER:s findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGCNEER concludes that a change in the Contract Document~ is required as a resultofa 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 Art.icle 10 to reflect and document the consequences of such change. 4.2.6. Possible P1ice and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACTOR's cost of, or lin1e required for performance of, the Work; subject, however. to the following: 4.2.6. l . such condition must meet any one or more of the categories described in pmagraphs 4.2.3.1 through 4.2.3.4, 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 rei.-pect to Work. that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject lo 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 knew of the existence of such conditions at the time CONT.RACrOR made a final commitment to OWNER in respect of Comracr Price and Conrracc Times by the 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 49 of 82 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), 3.6.2. ENGINEER'S approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of Documents: 3.7. CONTRACTOR. and any Subcontractor or Supplier or other person or organi?.ation performing 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 (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on ei-1:cnsions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4--A V AILABILITY OF LANDS; SUBSURFACE AND 'PEIYSICAL CONDITIONS; REFERENCE POINTS Availability of Lam/s: 4.1. OWNER shall furnish. as indicated in the Contract Documents, the lands upon which the Work is to be performed. right5-of-way and easements for access thereto, and such other land~ which are designated for the use of CONTRACT OR ·T:::T[*)R-r-e0SE1Rabl~-inen-reE}uest; O\VNER sheH furnish CONTRl\CTOR with a eaFreel statement-et:-FeeerEl-h~ga·l-titl6-0nd-lega.J-EieSGFiJ31ien-ef...tfle !an<4s-upen-wru€1:!-tl~-Wer-k-is-te-9e--pe.Hem1eEl-uncl OWNER.!s-int-er-est- therein-as-neeessal'y-for-gtv-ing ne~iee ef:-.er-fi.ling-e-mesaanie!s- lien-ogainst-si,1eH-JeREls-in aeeardooe& with nppliool:Jle Laws end Regulalieas. 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 performing the Work. Easements for pennanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Tin1es as a result of any delay in OWNER.'s furnishing these lands, rights-0f- way or easements, CONTRACTOR may make a clain1 therefor as provided in Anicles 11 and 12. 5 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 48 of 82 reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not ~pecifically called for. When word'! or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work. materials or equipment. such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shat I be issued by ENGfNEER a~ provided in paragraph 9.4. 3.3. Reference to Sta11dard~ a11d Specifications of Teclznical Societies; Reporting and Re~·o/ving Discrepancies: · 3.3.1. 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 late5t standard, specification, manual, code or Laws or Regulations in effoct at the time of opening of B id~ (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Docwnents. 3.3.2. If, during the perfomiance 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 perfom1ance of the Work or of any such l:tand~rd, 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) unti l an amendment or supplement to the Contract Docwuents has been is.'illed by one of the m ethod~ indicated in paragraph 3.5 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. 3.3.3. Except as otherwise ~pecifically ~1ated 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 Documenrs); or 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 47 of 82 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence lo run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Before Sta11i11g Const1uctio11: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Document5 and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any connict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRAC rOR 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 known thereof. 2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirement~). CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the limes (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminaey schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting. reviewing and processing such submittal; 2.6.2.1. In no case will a schedule be acceptable which allows less than 21 calendar days for each review by Engineer. 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component p11rts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR eRel 0 ')/NER shall e&eft deliver to the elMF OWNER. with copies to eaoh additional iru;11reEI idemified in the $upplen1enmry CoRdirioRS BNGTNEER, 3 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 46 of 82 representative of ENGINEER who may be assigned to lhe site or any part thereof. 1.34. Samples- Physical examples of materials, equipment, or workmanship that are representative of some portion of lhe Work and which establish the standards by which such portion of the Work will be judged 1.35. Shop Drawings--A ll drawings, diagrams, illustrations, schedules and other data or infom1ation which are specifically prepared or assembled by or for CONTRACTOR and submilled by CONTRACTOR 10 illustrate some portion oflhe Work. l .36. Specifications- T hose portions of the Contract Documents consisting of written technical description~ of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 1.37. Suhcontractor--An individual, finn or corporation having a direct contract with. CONTRACTOR or with any other Subcontractor for the perfom1ance of a part of the Work at the site. 1.38. Substantial Completion--The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is suillcienUy complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGlNEER's written recommendation of fina l payment in accordance with paragraph 14.13. The tem1s "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion lhereo[ 1.39. Supplementary Conditions-The part of the Contract DocLUnents which amends or supplements these General Conditions. 1.40. Supplier- A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor lo 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 (,,'Ontaining such facilities which have been ~tailed underground co furnish any of che foUowing services or 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 45 of 82 LIL Contract Price-The moneys payable by O\VNER lo CONTRACTOR for completion of lhe Work in accordance with the Contract Documents as stated in the Agreement (subject to the prov1s1ons of paragraph 11.9.1 in the case ofUnit Price Work). 1.12. Contract Times-The numbers of days or the dates stated in the Agreement: (i) to achieve Subst<intial Completion. and (ii) to complete the Work so that it is ready for fi nal payment as evidenced by ENGJNEER's v.Titten recommendation of final payment in accordance with paragraph 14 13. 1.13. CONtRACTOR-The person, fim1 or corporation with whom OWN'ER has entered into the Agreement. 1.14. defective- An adjective which when modifying the word Work refors to Work that is unsatisfactory, faulty or deficient. in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragi-aph 14.8 or 14.10). 1.15. Drawings-The drawings which show the scope. extent and character of the Work to be famished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in lhe Contract Docwnents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of the Agreement-The date indicated in the Agreement on which it becomes eflect.ive, 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, fll111 or corporation named as such in lhe Agreement. 1.18. ENGINEER's Consultant--A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional aswciale or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.1 9. Field Order-A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which docs not involve a change in the Contract Price or lhe Contract Times. 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 44 of 82 by CONTRACTOR ....... ..... . ... J 55 by OWNER ............................. ............ 8.8, 15.1-15.4 of ENGINEER's employmenl ....... ..... .... .. .. ..... ... .. .ll.2 Suspension of Work-in genera! ................... ........ .J 5 Terms and Adjectiv~ ...... ........... ................. ............ ;3.4 Tests and Inspections-- Access to the Work, by others ......................... .. .J3.2 CONTRACTOR's responsibilities ... .................. ..13.5 cost of 13.4 covering Work prior tQ ............... ..... ..... . .. 13 6-13.7 Laws and Regulations (or).... ................... ... 13.5 Notice of Defects. .. ............... .... ......... 13. 1 OWNER May Stop Work .......... ..... .............. .... 13. l 0 OWNER's independent testing ..... .................... ..13.4 special, required by ENGfNEBR ........ ...... ..... ....... 9.6 timely notice required . ........... ...... ... .. ... ....... ..... . 13.4 Uncovering !he Work, at ENGINEER's request,.. . ...................... ... ............. 13.8-13.9 Times-- Adjusting, .......... ..... ..... ...................................... 9.6 Change of Contract ... .. ... ................. .................... . 12 Computation of. .... .. ................. .... ................ ..... 17.2 Contract Times--definition of... ....... ..... ...... ...... .J.12 day ............... . ................. ....... ....... .1.7.2.2 Mi lestones .............. .... ................ .... .......... ...... ... .J 2 Rt:tjuir.:mcn l:>-- appeals........ ... ... ... ............. . ..... 9. 10, 16 clarifications, claims and disputes .................. 9.11 , 11.2, 12 Commencement of Contract Times .. .......... ... 2.3 Prcconstructi on Con forencG ........ ........... ........ ~-8 schedules ........ ..... ............................ .2.6. 2.9, 6.6 Starting the Work........... ..... ..... ....... ..... . ..2.4 Title, Warranty of ...... ....... ........ ......... .. ....... .......... 14.3 Uncovering Work. ...... ..... ................................. 13.8-13.9 Underground Facilities. Physical Conditions-- definition o( ... ..... ............................................. 1.41 Not Shown er Indicated 4.3.2 protection of ... ........................................... :4.3, 6.20 Shown or Indicated .. ..................... ................. 4.3. l Unit Price Work-- claims ................. ..... ... ......................... ... ... .J.1.9.3 definition o( .. ........................ .................... , .... . ,1 . 42 general 11.9, 14.1, 14.5 Unit Prices-- generall 1.3. I Determination for ..... ............ ... .. ... ........... ...... 9.10 Use of Premises ............. ..... ... ....... .... 6.16, 6.18, 6.30.2.4 Utility owners ........... .......... ........ Q.13, 6.20, 7.1-7.3, 13. 2 Utilization, Partial ......... . . . J .28, 5.15, 6.30.2.4, 14.10 Value of the Work; ........ ........ ..... ............... ..... ........ J l .3 Values, Schedule oL......... . ... .... 2.6, 2.8-2.9, 14.1 EJCOC GENERAL CONO!T!ONS 1910·8 (1990 EDITION) w/ CITY OF FORT COLUNS MQD[FJCA TIONS (REV ?m) 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 41 of 82 Shown or Indicated .. ....... ........................... ............ 4.3.1 Site Aceess ...... ......................................... ....... 7.2, 13.2 Site CleanlineSi\. .. ..... .................. ................... ..6. 17 Site. Visits to-- by ENGINEER ....... .. . ......................... 9.2. 13.2 by others............ ..... . .. ..... J3.2 "special causes of loss" policy form, insurance ............ .. ... ..... ... .. .. .. 5.6.2 definition of. . ..... .... ....... ....... ....... ..... ........... J .36 Specifications-- defination o(. ... .... ... ....... ...... ...... ............ J .36 of Technical Societies, reference 19.......... . J .3.1 preccdence ...... .. ... .... ....................................... 3.3.3 Standards and Specifications of Technical Societieli ........... .............................. 3.3 Starting Construction, Befor« ................... ....... .... '.2.5-2.8 Starting the Work................ . . . .. . . . . . ... ... ... .. .. ? 4 Stop or Suspend Work-- by CONTRACTOR ...... ............... .... ................ .. 15.5 by OWNER . .......... .... ............. ..... 8.8, 13.1 0, 15. 1 Storage of materials and equipmenL ......... .... ... :4.1, 7.2 Structural Looding, SafelY... ......... ........... ..... ............ 6.1 8 Subcontractor- Concerning .................. ..... ........... .... ...... ... JS.8-6. l l <lcfinilion of ........ ...... ...... ....... ....... ...... ... ....... .. ..1 .37 delays ... ....................... ................ . ...... ..12.3 waiver of rights ............ ..... ...... ...... .. .......... .. § 11 Subcontractors--in general. ..................... ..... ..... 6.8-6. 11 Subcontracts--required provision,5 ......... 5.1 I, 6.11, l 1.4.3 Subm ittals-- Applications for Payment .... ..... ....................... 14.2 Maintenance and Operation Manuals .... ... ... .. ... 14.12 Procedures. . ........................... ............ ... .. 6.25 Progress Schedules .. ...... ...... ....... .......... ...... 2.6, 2.9 Samples . .. ...... .9.24-6.28 Schedule of Values ............. .................... .... 2.6, 14.1 Schedule of Shop Drawings and Samples Submissions. .. .............. ... 2.6, 2.8-2.9 Shop Drawing~ ........... .... .......................... 6.24-6. 28 Substantial Completion-- certification oC ......................... .9..30.2.3, 14.8-1 4.9 definition of. ....... ........ .... .................. .. .. .......... J .38 Substitute Construction Methods or ProcedureL .... 6. 7.2 Substitutes and "Or Equal" Item ~.............. .. ....... .. 6.7 CONTRACTOR's Expenst< .... ..... ... .......... ...... 6. 7. 1.3 ENGINEER's Evaluation .... ......... . .... ... 6. 7 3 "Or-Equal"..... ....... ..... ........... ......... .......... 6.7.1.1 Substitute Construction Methods EJCJX: GENERAL CONDITIONS 1910-S {1990 EDrllON) w/ CITY OF FORT COLLINS MOOIFICA TIONS ()1.EV 9/99) 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 40 of 82 Preoonstruction Conferenc~ ... .................. ..... ............. 2.8 Preliminary Matters ..... .................... ................... ..... .... 2 Preliminary Schedule!i .. .... ...... ............................ ... .... 2.6 Premises, Use oC. . ................... .... . .............. .. . 6.16-6. IS Price, Change of Contract............. ....... ..... ..... 11 Price, Contract--definition of. .... ..... .. ..................... I. I I Progress Payment, Applications for.. ....................... .J 4.2 Progress Payment--retainag~.. .. ..... .................... 14.2 Progress schedule, CONTRACTOR:s ...... ..... ,;26, 2.8, 2.9, ..................... ........... 6.6, 6.29, 10.4, 15.2. l Project--de[mition o( .. ...... .................................... . 1.31 Project Represenlative-- ENGINEER's Status During Constructio1~.. 9.3 Project Representative, Resident--definition of. 1 33 prompt payment by OWNER ............ ..... .................. .. . 8.3 Property l nsurance-- Additional ................... ...... .............. .... .. .......... ..5.7 general5.6-5. IO Partial Utilization.......... . ....... 5.15, 14. 10.2 receipt and application of proceed~ ............ 5.12-5.13 Protection, Safetyand .............. .... .. ... ....... Q.20-6.21, 13.2 Punch list .......... ........... . .... ....... . ...... . ....... .J.4.11 Radioactive lvfaterial-- defintion of. ............................................... ....... 1.32 general4.5 OWNER's responsibility for .... ........... ................ S.10 R<Juommendalion of Paymen~ ............... ..14.4, 14.5, 14.13 Record Docun1ents ......... .. ..... .......... ........ . . 6.19, 14.12 Records, procedures for maintaining. .. . ... ~.8 Reference Points .. ...... ............................................ ... 4.4 Reference to Standards and Specifications of Technical Societies ............. .............. ...... ........ 3.3 Regulations, Laws and (or).. .. .................. ..... .. ......... 6.14 Rejecting Defective Work .......................... ........ .. .. .. 9.6 Related Work-- at Site .................. ..... .. ... .......... .. ....... .. ..... .7.1-7.3 Performed prior to Shop Drawings and Samples subm ittals revie\\'. ...... ... ............ 6.28 Remedies, cumulative ... ..... .. ... ... ........... .......... . 17.4, 17.5 Removal or Correction ofDejective Work ............... J3. l 1 rental agreements, OWNER approval required .... 11 .4.5.3 replacement of ENGINEER, by OWNER .............. .... ... 8.2 Reponing and Resolving Discrcpancie~ .. ............ .................. 2.5, 3.3.2, 6.14.2 Reports-- and Drawings...... ......... .. .. . .. ..... 4.2.1 and Tests, OWNER's responsibility, .. .. .. .............. 8.4 Resident and Project Representative-- definition o( .. .... ............. ..... ............... ..... .. 1.33 provision for .. .................. ..... ............... ........ .. .... ..... .. 9..3 EJCOC GENERAL CONO!T!ONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLUNS MQD[FJCA TIONS (REV ?m) 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 39 of 82 written consent or approval required ..... ..... ............................. 9 I, 6.3, 114 EJCJX: GENERAL CONDITIONS 1910-S {1990 EDl"JlON) w/ CITY OF FORT COLLINS MOOIFICA TIONS ()1.EV 9/99) 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 38 of 82 Safety and Protection.......... . ...... .... 6.20, 13.2 Subcontractors, Suppliers and Other~ ........... 6.8-6.11 Article or Paragraph Number Tests and Inspections ..... ........... ... ... .... ......... 13 .5 Use of Premises................ ....... ... ........ ....... 6.16 Visits to Site................. ..... ... .. ... ............ .... .. . 9 2 Liabi li ty Insurance-- CONTRACTOR's .... ...... .. .. ..... .............. ..... .......... 5.4 OWNER's .... ........................................... ......... 5.5 Licensed Sureties and Insurer~ ............ ..... ......... ....... 5.3 Liens-- Application for Progress Payment ..... ........... .... ..14.2 CONTRACTOR's Warranty ofTitlc ...... ..... ... ...... 14.3 Fin al Application for Payment... ....... ..... ...... ... ..1.4.12 definition oL .............................. ........ ..... ...... ..1 .. 23 Waiver ofClaims .... .......... ................... .......... ..14.15 Lim itations on ENGINEER's authority and responsibilities ....... . . ...... 9. 13 Limited Reliance by CONTRACTOR Authorized ...... .................. .. .............. ... ....... ..... 4.2.2 Maintenance and Operating Manuals-- Final Application for Paymen!.. ...... ..... ...... ... . J4. 12 Manuals (of others)-- Precedence ...... ................ .. ....... ...... 3.3.3. l Reference to in Contract Docum ent~ ...... .. ..... .. .. J .3.1 Mulcriub untl cquipmcnl-- furnished by CONTRACTOR ....... ..... ........... ....... 6 3 not incorporated in Work .. ........ ..... .................... 14.2 Materials or equipment--equivalenl. ..................... ..... 6.7 Mediation (Optional) ................... .............. ............ J67 Milestones--defin it ion of. .... .. ....... .................... ...... J .24 Miscellaneous-- Com putat ion ofTimes .......... ......................... .. . ..17.2 Cumulative Remedies .... . ... ...... .... ................ .. ..17.4 Giving Notice .... ... ...... ..... ................................ . .! 7. l Notice of Claim ...... .......................... 17.3 Professional Fees and Court Costs Jnclude<;l.. ..... ..1 7.5 Multi-prime contracts....... ......... .................. . ........ .7 Not Shovm or Indicated....................... . ... ............. 4.3.2 Notice of-- Acceptabil ity of Project. ........... ........... ..... ........ .14.13 Award, definition o( .... ..................................... .1.25 Claim ....... ..... ....... ... ..... ....... .... ........ ...... ....... J.7.3 Defects, 13.1 Differing Subsurface or Physical Condition~ .. ..... 4.2.3 Giving ....... ...... ............ ... ..... ......... .......... ....... .J.7. l Tests and Inspections . ......................... ............ .13.3 Variation, Shop Drawing and Sampl~ .............. ... 9.27 Notice to Proceed-- definition oC ........... .. ..... ............... ..... ............. ..1 .. 26 giving oL....... .... . .. ..... .... ~.3 EJCOC GENERAL CONO!T!ONS 1910 -8 (1990 EDITION) w/ CITY OF FORT COLUNS MQD[FJCA TIONS (REV ?m) 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 37 of 82 Article or Parayaph Number Responsibilities--Limilations OIL . .. .... . , . . ~}.! 1-9. IJ Review or Reports on Dillering Subsurface and Physical Conditions ............... ........... .. .4.2.4 Shop Drawings and Samples, review responsibi lity.......... ..... . . .... 6.26 Status During Cmstruction-- authorized variations in the Work..... . ... 9.5 Clarifications and Interpretations .... ............... 9.4 Decisions on Dispute:\ .. ..... ............ ..... .. ~.11-9.1 2 Determinations on Un it Price ... .... ............... 9.10 ENGINEER as Initial Interpretc~ .... .... 9.11-9.12 ENGTNEER:s Responsibilitics .............. .. .9. 1-9.12 Limitations on ENGINEER's Authority and Responsibilitie!!._ ... ...... ................ 9.13 OWNER's Representative ........................... .. _9. 1 Project Representative..... . . . .. ... ... . . ... 9.3 Rejecting Defective Work .. .. ...................... .. .. 9..6 Shop Drawings, Change Orders and Payments ... ..................... ............ 9. 7-9.9 Visits 10 Site ...... ..... ........ .............. ....... ......... 9.2 Unit Price determinations ........ ............ .............. 9.10 Visits to Site. . ...... .................................... 9.2 Written consent requirecJ ....... ........... .. ..... ..... ,7.2, 9. 1 Et1uipm.:111, Labor, Malcriab aml .... ..... ................ 9.3-6.5 Equipment rental, Cost of the Work ............... ..... l l .4 5.3 Equivalent Materials and EquipmenL.............. .... 6.7 error or omission:j ................ ... ..... ........ ...... ........... §33 Evidence of Financial Arrangements ................ ...... !U I Explorations of physical conditionL ... ..... .. ... .. .. ..... ~.2 . 1 Fee, CONTRACTOR's--Costs Plus ... ...... .. ... .. ....... .... ) 1.6 Field Order-- definition o( ....... ..................... ................. ). 19 issued by ENGINEER .. .................. ..... ....... 3.6.l, 9.5 Final Application for PaymenL ... ... ............... .. 14.12 Final Jnspcctio11 .... ..... .. ..... .................................. ..14.11 Final Payment-- and Acceptance ..................................... 14.13-14.14 Prior to, for cash allowmces ........ ....... 11.8 General Provisions .... .... ...... ... .... ........ 17.3-17.4 General Requirements-- definition o( ............................................... ...... ) .20 principal references to .............. ?.6, 6.4, 6.6-6.7, 6.24 Giving Notice............ ..... ...... . ... ... .. ............ J7. 1 Guarantee of Work--by CONTRACTOR ......... 6.30, 14.12 Hazard Communication Program~ .... ....................... 6.22 Hazardous Waste-- definition ot: ..... .. .. .. .... ................... ................... ).21 general . .. . ..... ............... .. . .................. 4.5 OWNER's responsibility for ......... .. .. ... .... ..... ....... 8.10 EJCJX: GENERAL CONDITIONS 1910·8 {1990 EDrllON) w/ CITY OF FORT COLLINS MOOIFICA TIONS ()1.EV 9/99) 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 36 of 82 Coordination-- Article or Paragraph Number CONTRACTOR's responsjbility, .... .... ............... <?.9.2 Copies of Documents ........ .............. .. ............. 2. 2 Correction Period .... .............................................. 13.12 Correction, Removal or Acceptance of Defective Work-- in gencral ....... ..... ....................... 10.4.l, 13.10-13.14 Acceptance of Defective Work......... . ... .... J3.13 Correction or Removal of Defe,·tive Work ... ................... .... .... 6.30, 13. l l Correction Period ....... ...................... ... .J 3.12 OWNER May Correct Defective Work .... .... .. ... J3.14 OWNER May Stop Work ..................... .... ........ 13. 10 Cost-- of Tests and Inspection$ ............... ...... ..... .......... 13.4 Records l l.7 Cost of the Work-- Bonds and insurance, additiona! ........ .. .. .. ..... J 1.4.5.9 Cash Discount~ ........... ........ ..... .. ...... .... ......... J 1.4.2 CONTRACTOR's Fee ......... ..... ...... .............. .... J l .6 Employee Expenses ................ .... ...... .......... .. 11.4.5. l Exclusions to .. ................................................... 11.5 Generali 1.4-11.5 Home office and overhead expense!i ...... .............. 11.5 Loss~ anti tlamag<;s .. ..... .................. ............ 11.4.5.6 Materials and equipment ... ..... ......... ............. _ l 1.4.2 Minor expenses............... ..... ................ ..11.4.5.8 Payroll costs on change~ ................................. 11.4.1 performed by Subcontractors ... ...... .................. .l l.4.3 Records I 1 . 7 Rentals of construction equipment and machinery ..... .... .... . .................. . 11.4.5.3 Royalty payments, permits and license foes...... ...... ) 1.4.5.5 Site office and temporary facilitie$ .............. J 1.4.5.2 Special Consultants, CONTRACTOR's ........... ,.11.4.4 Supplemental ....... ................................ ......... .l 1.4.5 Taxes related to the Work ........................ .J.l.4.5.4 Tests and Inspection. ...................... .................. 13.4 Trade Discounts ...... .................................. . J 1.4.2 Utilities, fuel and sanitary facilitie~ .............. J 1.4.5.7 Work after regular hours .... ........ ..................... 11.4.1 Covering Work.............. . . . .... .... . .. . .l 3.6-13. 7 Cumulative Remedies . .. . . ...... .. .... . ... 17.4-17.5 Cutting, fitting and patching .. .... ............................ 7.2 Data, to be furnished by OWNER, ....... ....................... 8 3 Day--delinition of .. ..... ............. .. ...... .......... .. .. ..... J7.2.2 Decisions on Disputes ........ .. .... ........ ............... 9.11, 9. 12 dejective--definition oL .. ... .. . . .. . . .. . . . ............ .J . 14 defective Work-- Acceptance of... . .. .................... ...... 10.4.1, 13.13 EJCOC GENERAL CONO!T!ONS 1910·8 (1990 EDITION) w/ CITY OF FORT COLUNS MQD[FJCA TIONS (REV ?m) 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 35 of 82 Compensation........... 11.1 -11.2 Continuing Obligation ..................................... 14. 15 Defective Work ................................ 9.6, 13.10-13.14 Duty to correctdefecLive Work... . .. ............ J3.l l Duty to Report-- Changes in the Work caused by Emergency ..... ...................................... 6.23 Defects in Work ofOthers .... .... .................... ..7.3 DilJering condition$ .. ..... ...... .................... 4.2.3 Discrepancy in Documents . .... .. 2. S, 3.3.2, 6.14.2 Underground Facilities not indicatecl... ........ 4.3.2 Emergencies ..... ........ ........................................ 6.23 Equipment and Machinery Rental, Cost of the Work ............ .... ................... .. ...... 11.4.5.3 F'ee--Cost Plus. ............ ..... ......... 11.4.5.6. 11.5.1, 11.6 General Warranty and Guarante<; ................ ..... (5.30 Hazard Communication Programs .... ..... ....... ... .9.22 Indemnification ..... . ........ <5.12, 6.16, 6.31 -6.33 Inspection of the Work. ... ............................ 7.3, 13.4 Labor, Materials and EquipmcnL ................. 6.3-6.5 l, aws and Regulations, Compliance bY. ... ... .... 6. 14.1 Liability Insurance .... ................... ..... ............... .... 5.4 Notice oflntent to Appeal... ...................... 9.10, 10.4 obligation to perform and complete the Work ........ ............... .... ...... ......... ....... ... 6.30 Pc1lenl Fees cmd Royullic:>, paid for bY, .... ........... .. 6.12 Performance and Other Bonds ............................ 5.1 Perm its, obtained and paid for by ..................... . (5.13 Proi,>ress Schedule ................... ........ 2.6. 2.8, 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 ......... ........................ ..... 6.8-6.1 1 Continuing the Work.............. §29, 10.4 CONTRACTOR's expense ... .... ..... .............. § 7.1 CONTRACTOR's General Warranty and Guarantee..... .... ..... ... . . . . .. ...... 6.30 CONTRACTOR'S review prior to Shop Drawing or Sample submittal ....... ... 6.25 Coordination ofWork ......................... ....... 6.9.2 Emergencies ..... ..... ....................... ............... 6. 23 ENGINEER's evaluation, Substitutes or "Or-Equal" Jtems........ ...... . . . . Q.7.3 For Acts and Omissions of Others ................ ..... ...... §9.1-6.9.2, 9.13 for deductible amounts,insurance ................... 5.9 general .. .... .................. ..... ........... !5. 7.2, 7.3, 8.9 Hazardous Communication Program~ .. ...... 6.22 J ndemnification .. .......... ..... .................. 6.31-6.33 EJCJX: GENERAL CONDITIONS 1910·8 {1990 EDl'JlON) w/ CITY OF FORT COLLINS MOOIFICA TIONS ()1.EV 9/99) 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 34 of 82 CONTRACTOR's liabiJitY ........... 5.4, 6.12, 6.16, 6.31 Cost of the Work ..... ..... .................. ........... 11.4, 11.5 Decisions on Dispute& .................. ............. 9.1 l, 9.12 Di~-pule Resolution ............. . .... ............. ..... ..1 6.1 Dispute Resolution Agreement .. .................. !6.1-16.6 ENGINEER as initial interpretOL ..... ....... ...... . 9.. l l Lump Sum Pricing.......... ...... ......... ....... ...1 l.3.2 Notice of.......... ... ... . . . .. .......... . ... . . . ... ..... .J.7.3 OWNER's ....... ..... ........ 9..4, 9.5, 9.11 , 10.2, l 1.2, 11.9 ... . . . .)2.1, 13.9, 13.13, 13.14, 17.3 OWNER's liability ......... ..... .... ..... .... ........... ..... ... .5.5 OWNER may refuse to make payment ................ .J 4. 7 Professional Fees and Court Costs Included............... . .. . ... .......... ..... . ..J7.5 request for formal decision OIJ ............ .. ............. . 9.. 11 Substitute Items .................... ................... ..... (>. 7.1.2 Time Extension.......................... ............ 12 1 Time requirements ............. ..... . ,. .. .......... .. 9.11, 12. l Unit Price Work ..................... .............. .J l.9.3 Value of ..................................... ..... .... ..... ...... . .J.l .3 Waiver of--on Final PaymenL .............. .14.14, 14. J 5 Work Change Directive .... ................. ...... ......... ..1 0.2 written notice require4 ......... .. .... ...... 9.1 l, 11.2, 12. l Clarifications and Interpretation:? ........... . 3.6.3, 9.4, 9.11 Clean Site ........ ..... . . ............ 9.. 17 Codes of Technical Society, Organization or fu~ociation ................ ...... .............. ...... ....... J .3.3 Commencement of Contract Times ........................ 2.3 Communications-- general ................... ....... ......... .... ...... § 2, 6.9.2, 8. l Hazard Communication Program& .......... ...... ...... 6.22 Completion-- Final Application for Payment.. ....... .............. J4.12 Final lnspectiOf'\............ . .... .J 4.11 Final Payment and Acceptance .............. J4. 13-l 4.14 Partial Utilization ..... ........ .................... .......... ..14.10 Substantial Completion ... ............. ... J.38, 14.8-14.9 Waiver of Claims ........ .. ... ...... ........................ ..14.15 Computation of Time~ ....... . ...... ................ 17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others . . . . . ... . ... ....... . .... ......... 6. 8-6. 11 Conferences-- initially acceptable schedule~ .. ............................. 2.9 preconstructiol\ ............ ..... ........ ............ ............ .. 2. 8 Contlict. Error, Ambiguity, Discrepancy-- CONTRACTOR to Report........ _2.5, 3.3 2 Construction, before starling by CONTRACTOR ..... ........... ...... .. ............ _2.5-2. 7 Construction Machinery, Equipment, etc ................... 6.4 Continuing the Work ........ .. .. ....... ............... .... 6.29, 10.4 Contract Documents-- Amending,,, ........ .... ........................................... J5 Bonds .... .... ............ ...... .... ............... 5.1 EJCOC GENERAL CONO!T!ONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLUNS MQD[FJCA TIONS (REV ?m) 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 33 of 82 Award, Notice of--defined .......... ................... .......... 1.25 Before Starting Construction. .............................. ~ 5-2.8 Bid--definition of.... . ... J .S (l. 1, I. I 0, 2.3, 3.3, . .. . ............. :t.2.6.4, 6.13, 11 .4.3, 11 .9.1) Bidding Documents--definition of ...... ... ................. ................... ... J .6 (6.8.2) Bidding Requirements--defmition of ..... ..... ................................ 1.7 (I. I, 4.2.6.2) Bonds-- acceptance of.. .... ... . ..................... . ... >. 14 additional bonds ..... ................. ..... . 10.5, 11.4.5.9 Cost of the Work. ..... .... ........... ............ 11.5.4 definition oC. ............ .. .................. .. ................. . J.8 delivery ot:. ......................... ... ................. .... . ~. I , 5. 1 final Application for Paymcnt. ........ ....... .14.1 2-14.14 general ..... ..... ........................... ..1 .10, 5.1-5.3, 5.13, ..... ................................... 9.13, 10.5, 14.7.6 Per formance, Payment :md Other.. ................. 51 -5.2 R()nds find Tnsurnnc:e--in genern!.. .................... ........... ) Builder's risk "all-risk" policy fornL ....... .... .5.6.2 Cancellation Provisions, Insurance ...... . . 5.4.11 , 5.8, 5.15 Cash Allowances ........................ ..... ...................... .J 1.8 Certificate of Substantial Completion. ....... 1.38, 6.30.2.3, ...... .... ..... .................... ........... .14.8, 14.10 Certificates of Inspection. ............... .... 9.13.4, 13.5, 14. 12 Certificates oflnsuran~ .... . .. .... 2.7, 5.3, 5.4.11, 5.4. 13, .. . ........... 5.6.5, 5.8, 5.14, 9.13.4, 14.12 Change in Contract Price-- Cash Allowances ......... ..... ............. ...... ......... . ..! 1.8 claim for price adjustment ............. 4. 1, 4.2.6, 4.5, 5. J 5, 6. 8.2, 9.4 .. ......... 9.5,9.11. 10.2, 10.5, 11.2, 13.9, ..... ..... ............ ..13.13, 13.14, 14.7, 15.1, 15.5 CONTRACTOR's fee .................................... ..... 11.6 Cost of the Work general .. ..... ................. ....................... 11.4-11.7 Exclusions to .................... ..... ............... ..... .. 11.5 Cost Records ..... ........ .......................... ............. .J I. 7 in general ............ ..1 .19, l.44, 9.11 , 10.4.2, 10.4.3, 11 Lmu p Sum Pricng ..... ..................................... 11.3.2 Notification of Surety ___ ...... . .. .1 0.5 Scope of •.............. ..... .............. ................. ..10.3-10.4 Testing and Inspection, Uncovering the Work .. ................. ..... ......... 13.9 EJCJX: GENERAL CONDITIONS 1910-S {1990 EDrnON) w/ CITY OF FORT COLLINS MOOIFICA TIONS ()1.EV 9/99) 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 32 of 82 Independent Testing Laboratory ...... 27 CONTRACTOR's Responsibilities ... .................. . Covering Work Prior to Inspec- tion, Testing or Approval ........ 27 ';.7 Article or 'Paragraph Number & Title 'Page Number 13.8-13.9 13. 10 1311 13.12 13.13 13.14 Uncovering Work at ENGI- NEER's Request ................... 27-28 OWNER May Stop the Work ... ....... .28 Correction or Removal of Defective Work ............ .... .. ........ .78 Correction Period ... ...... ... ... ... ..... .... 28 Acceptance of Defective Work ......... 28 OWNER May Correct Defective Work .. ..... ......... .28-29 14. PA YlvfENTS TO CONTRACTOR AND COMPLETION .. .. ..................... ................... ... 29 14.1 Schedule of Values.................. .29 14.2 Application for Progress Payment.... . ...... ............... 29 14.3 CONTRACTOR's Warranty of 14.4-14.7 14.8-14.9 14.10 14.11 14.12 14. 13-14. 14 14.15 Title .............. ....... ............ ........ .. 29 Review of Applications for Progress Payment~ .... .............. 29-30 Substantial Completion ....... ........... 30 Partial Utilization.... 30-31 Final lnspectio11 .................. .. ......... J l Final Application for Payment.. ..... 3 1 Final Payment and Acceptance ....... 3 1 Waiver of Claims .. .......... ... 3 1-32 15. SUSPENSION OF WORK Al'ID TE.RMlNATlON ......... .. ... ............. ..................... 32 15.1 OWNER.May S u~pcml Work .......... 32 15.2- 15.4 OWNER May Terminate ...... ... ..... ... 32 15.5 CONTRACTOR May Stop Work or Terminate ..... ......... .. .. 32-33 16. DTSPUTERESOLUTJON .... ................... ........... 33 17. MISCELLANEOUS ............................ ........ 33 17. I Giving Notice... 33 17.2 Computation ofTimes ............. ....... . 33 17.3 Not.iceofClaim ....................... 33 17.4 Cumulative Remcdies ...................... 33 17.5 Professional Fees and Court Costs fncluded .......................... 33 17.6 Applicable State Laws ............... . 33-34 Intentionally left blank ...... ..... ............. .. ...... 35 EXHIBIT GC-A: (Optional) Dispute Resolution Agreement ........ 0-C-Al 16.1-16.6 Arbitration ...... ........... .. .GC-A 1 16.7 Mediation ........ ........................ GC-AI EJCOC GENERAL CONO!T!ONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLUNS MQD[FJCA TIONS (REV ?m) 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 31 of 82 Use of Premises . ..... ....... . . . . . 15 Site Cleanlines!\ .. ................... ..... .... 15 Safe Structural Looding., .................. ..15 Record Documents .................. .... ... .J 5 Safety and Protection ....... ..... ... .... ..15-1 6 Safety Representative ...................... ... .16 Hazard Communication Program!/ ..... . 16 Emergencies ...... ..... ..... ..................... 16 Shop Drawings and Sample~ .......... .... 16 7. 8 9. Article or Paragraph Number & Title Page Number 6.25 6.26 6.27 6.28 6.29 6.30 6.3 1-633 6.34 Submittal Proceedures; CON- TRACTOR's Review Prior to Shop Drawing or Sam pie Submittal .... ................... . Shop Drawing & Sample Submit- 16 tals Review by ENGINEER .... .. 16-17 Responsibility for Variations From ContractDocuments 17 Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals. ..... ..... . .. .................. 17 Cominuing the Work .............. ..... 17 CONTRACTOR's General Warranty and Guarantee. . 17 Indemnification ....... .... 17-18 Survival of Obligations ....... ... ...... .... 18 OTHER WORK .......... ..... .................... ..... ....... ..18 7.1-7.3 Related Work at Site ..... ...... .... .. ... .)8 7.4 Coordination... . .. . .. ............. . 18 OWNER'S RESPONSIBILITIES ........................ .J 8 8.1 Communications to CON- TRACTOR ....... .......... . . .... 18 8.2 Replacement of ENGINEER. . ......... .18 8.3 Furnish Data andPay Promptly When Due ......................... ......... 18 8.4 Land~ anti Eu~emenl:>, Repon~ and Tests ... ...................... 18-19 8.5 Insurance ....... ...... . .... .... .......... ...... 19 8.6 Change Ord:rs .. ... ..... ................. .... .19 8.7 Inspections, Tests and Approvals ............... .................... 19 8.8 Stop or Suspend Work; Terminate CONTRAC f OR's Services .... . . . . . . . . . . . . . . . . . . . . . . .. . . . . 19 8.9 Limitations on OWNER'S 8.10 8.11 Responsibilities ............ . Asbestos, PCBs, Pctrnleum, Hazardous Waste or Radioactive Material Evidence ofFinanciil )9 19 Arrangements ... ................... ...... .19 ENGINEER'S STATUS DURING CONSTRUCTION... . . ......................... ......... 19 9.1 OWNER's Representative ... . ......... ..1 9 9.2 Visits to Site ..... ..... ................ ....... . 19 9.3 Project Representativt< .............. ..1 9-21 9.4 Clarifications and Interpre- tations ............... ......................... .21 9.5 Authorized Variations in W>rk ....... 21 EJCJX: GENERAL CONDITIONS 1910·8 {1990 EDl'JlON) w/ CITY OF FORT COLLINS MOOIFICA TIONS ()1.EV 9/99) 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 30 of 82 Project .. ............................................ 2 Radioactive Material ............... ..... ........ 2 Regular Working Hours ............. ........... 2 Resident Project Representative ............ 2 Samples ................... .................... ..... .. 2 Shop Drawings. ...... . . .. ........... .. 2 Specifications ..... ... .. .................. .......... 2 Subcontractor ... ........................ ........... 2 Substantial Completion ......... ..... .......... ::? Supplementary Condition~ . .. .. . .2 Supplier ................... .................... ..... .. 2 Underground Facilities .............. ... ..... 2-3 Unit Price Work. .......... ...... ................. .3 Work ..................................... ..... .... ... } Work Change Directive ................ .. .... _3 Wrillen Amendment ...................... ..... ;? Article or Paragraph Number & Title Page Number 2. PRELilvIINARY .!vi.A TTERS ......... ....... ............... 3 2. 1 Delivery of Bonds.... .3 2.2 Copies of Documents .... .... ...... ........ 3 2.3 Com men.cement of Contract Times; Notice to Proceed .... ........... 3 2.4 Starting the Work. ... ..................... .... 3 2.5-2.7 Before Starting Construction; CONTRACTOR's Responsibility to Report; Preliminary Schedtles; Delivery of Certificates of Insurance_......... ..... ...... . 3-4 2.8 Preconstruction Conference .......... ... 4 2.9 Initially Acceptable Schedules..... 4 3. CONTRACT DOCUMENTS: INTENT, AMENDil\!G, REUSE.... .................. . ... .. 4 3.1-3.2 Intent ................................. .......... 4 3.3 Reference to Standards and Speci- fications of Technical Societies; Reporting and Resolving Dis- crepancies ..... ................. ..... ...... 4-5 3.4 Intent of Certain Terms or Adjectives ............. .................... .... 5 3.5 Amending Contract Docuuents .. ....... 5 3.6 Supplementing Contract Document~ ........ ...... .................... ) 3. 7 Reuse of Documents ... ..................... 5 4. AV AIL.ABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITlONS; REFERENCE POINTS.. . . ........ ......... .. .... ... 5 4.1 Availability of Lands .... ..... .... .. .... 5-6 4.2 Subsurface and Physical Conditions.................. .. 6 4.2.1 Reports and Drawings ............... ....... P 4.2.2 Limited Reliance by CONTRAC- TOR Authorized; Technical Data .... ..... ........ .... .... . ... .... 6 4.2.3 Notice of Differing Subsur face or Physical Condition$. ...... ............. 6 4.2.4 ENGINEER's Rcview .... ................... P 4.2 5 Possible Contract Docwnents Change .. ..... ................................. 6 4.2.6 Possible Price and Tin1es Adjustments ....... ..... ... ............... 9-7 4.3 Physical Conditions--Underground Facilities ....... ....... ...... ............... .... 7 4.3.1 Shown or Indicated. ................. } 4.3.2 Not Shown or Indicatec:I ................... 7 4.4 Reference Points ...... .... ................. .. .7 EJCOC GENERAL CONO!T!ONS 1910·8 (1990 EDITION) w/ CITY OF FORT COLUNS MQD[FJCA TIONS (REV ?m) 8123 Cured-in-Place Pipe for Sanitary Sewers/Stormwater Mains Rehabilitation Page 29 of 82