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Bid Tally -7622 CIVIL CONTRACTOR (2)
City of Fort Collins Purchasing SPECIFICATIONS Financial Services Purchasing Division 215 N. Mason St 2°" Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 jcgo v. com/purchasing CONTRACT DOCUMENTS FOR CIVIL CONTRACTOR FOR THE INTEGRATED RECYCLING FACILITY PROJECT - CONSTRUCTION PHASE BID NO. 7622 SECTION 00520 AGREEMENT THIS AGREEMENT is dated as of the 21st day of January in the year of 2016 and shall be effective on the date this AGREEMENT is signed by the City. The City of Fort Collins (hereinafter called OWNER) and Connell Resources Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is defined as the construction of the 7622 Civil Contractor for the Integrated Recycling Facility Project - Construction Phase and is generally described in Section 01010. ARTICLE 2. ENGINEER The Project has been designed by Interwest Consulting Group, 1218 W. Ash, Suite C, Windsor, CO 80550. The City Engineering Department is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIMES 3.1 The Work shall be Substantially Completed by the Contractor, in accordance with Article 14 of the General Conditions, as evidenced by the issuance of certificate of Substantial Completion One Hundred Fifty (150) calendar days after the date when the Contract Times Commence to run. 3.2 The Work must be completed by the Contractor and ready for final payment in accordance with Article 14 of the General Conditions within Fourteen (14) calendar days after Substantial Completion. 3.3. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence under this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 and 3.2 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as Liquidated Damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amounts set forth hereafter. Advancement of ConstrucLbn 7ac(+nnfogy FIELD ORDER Project: Field Order Number: From: To: Date: AiE Project Number: Re: Contract For: You are hereby directed to execute promptly this Field Order which integ)rm the Contract Documents or orders minor changes in the Work without change in Contract Sum or Contract Time. If you consider that a change in Contract Sum or Contract Time is required, submit a Change Order Request to the A/E immediately and prior to proceeding with this Work. Specification Section: Paragraph: Drawing Reference: Detail Description of Interpretation or Change: ❑ Attachments Signed by: Date: Copies: ❑ Owner ❑ Consultants ❑ Q ❑ ❑ ❑ Filc Copyright 1994, Consnuctioa Specification Institute, Page of July 1994 99 Canal Ceuta Plaza, Suite 30G Alexandria, VA 22314 CS Form 13.4 A RNAAN— '�, ®anwurtrry Ne X ..,N.N..®NN. UTILITY PLANS FOR COMMUNITY RECYCLING FACILITY LOCATED IN THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M. CITY OF FORT COLLINS, LARIMER COUNTY, COLORADO JUNE 201 5 LEGEND �®./ r:oalloromnw CRANG* ERAr.oaveunws —NN- .e m _m µM, ABBREVIATION LIST AD EREK[ roNr RENeLeworrvAlvedNNN eR HEAOIC E CLuxe rzo Funrt de r..wm m �A'OH "° D"-0 R [n RE oumr°riau•H.LT NT NT STA en.r nA.v. sxTn RG —RN GRAN, FIRE REAN H rLED I,,,C RARE ON udMENTIN. ARGENDALPO . a. w.ANDeNw Vlewr MAP CCAu: I". 1000' CRVO rOMCOLLIN[e[NCNMwPN nIOJ[CI'CwNM: NGVCi[ VMweNFeo IOb CT'CI rOFCOW N[ OwTIMI ed.HMA....... ]W FEC.G. O11. EdIT .CCRN[R Or EArt DRAM[ ROAD AND"MedUNE READ eI ewwMAwN.IsaT wiTH[[wrt MOTallow rtuDE�R I.E . CDIRE.eNd Or[DOI.A rARN,ONiOr ApLVw TONMMRM' NO.0 lld...DATNnw[WIN[OrMANVNRM[g M[rOLLON1Na[gI. R.wuLe e[uFn: NANom.N4wduNAo,Iu[rm.D. u UTILITY CONTACTS: CRE'OFFORTCOLLINS NATURAL GAS YOO WOOD 9TRCET XCEL ENERGY FORTCOWNt.COLORADOBO522 CONTACP. 9TEPNANIE RICN WATER UTRLITIES ENGINEER PH. 970.225.7828 DAN MOGEN TELEPHONE SERVICE Pm. 970.224.6192 CENTURY LINK IOWESTI CONTACT. ENGINEERING OFFCE LIGHTS POWER PH. 970.490.7506 Pm. 970.224.6167 CABLE TV COMCAET CONTACT. DON KAPPERMAN ION. 970.467.0245 . YNT' NOORGtt[I GONER OF w➢I.AOD NO 811 ERANNNMaEI�M; INDEX OF SHEETS SHEEPNO. DESCRITON OF BNCCTC _ _ . H .L.. rNenIE LANOtCAPE ARCHITECT R� •IB CI.NvoN Av[Nue. Bulrt 1C0 ROIrt COWMa CO80621 RN. B]D . DAAIA H eoNTArn OAMAN NowNo ENGINEER TNiTZ CrOHWLn"°GNeur III16 W. 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R upp pr:ar:p eROIER IMM[ COMMUNITY RECYCLING FACILJTY IIRYIm 1:C11 Crt orm fCg11N! 3W LPPaRrt AYE.. BNIO�pF 8 FORTCOw °.CC80521 �cwm :vn r �a as wcRm. .e HORIZONTAL CONTROL PLAN ^••••••• ••••^^^� ^•��• � .,•..� 1, ,�, nu 00 Mw— WENT 01y/ �! = A Y$ m Q 500 u uqq e Q?N OR Ep- ` �.�0� '' .. — AY�YY •I M !� I I .I CIIL Umall, 101 oil —4942— `...._. ve Ea Ott i a muxh rnwAoo .. .. .. mmv:e.no NOTES. unurT puN APPflOVAL °.r � ' - i. EEEuwaxAPE Pun EavnEVExrnnon l.m�oos,.uonnnu \� � _ a�i _ r / _. 3. ®ipIYPIT CONELRYCPONHI.LLYK NCPC 9 asppEp PEq RAYlums 10NFif YPFOVLNENRNAIKVRNAREY ONKNYOIMMANEO. ATMID� —_ �r WCWSfl BY: .{�Q P S I. KIVRPYCCNRMCI0NHU11 CCNIORI iO CNWEMbT0.VWC5MN �� 1 _ _ _ _ 9ECmCAiCNB OEO®R nm�v �� Yl i4 S IYY I.LL EATMNdA/.NOvavEMHiCdTRKr4aHYLLBENICCMOAACI VT11n•FOEO.CCIWICLL •2aVif FORMCYIEsxOLNs55lS YRKAHE HE03D 9T� �� waixn..�ba� � _ E CFJ64EECTpi CE.ALS P' VA446 90 60 HEOSO Sf, r. TYeEPJNE a9AOlAnuaR wVROVEUEM58v OP![vs vc e® Y tj Y1tE I -n WEDS➢ BY. F�1H JHH 11 � 9 �� 1 li \\\\\ \ s4 i I N `•�� \ his II 9 8 8 8 R e �I • PRO JECT NAME COMMUNITY RECYCLING FACILITY CRYOFFORTCOLLW/ P •� 3CO"PomEAM. BugWM B FOR COLLws C08052t m^fE IBvolzvrwto STORM PLAN AND PROFILE Y wM \�Y Opf �Sc ga 9r .n mn 1 i i 9 @ag ��t I x � 1, 'e 3 ...in r...n a o 41II I. 0 II PG I i I mm 1 .I III \ I I14� , IIIIL✓\ I III \ AIM ', 111II� \ III %j i / 1 1! • ��` C •f � - i T- __-_- _-- \ F S� 'irrvwr� I jli _ 'r t g I II i -- '���__7��- ��'. - r' —' --- 4 I--- II r I II I t\ LEGEND ..LµM...' 881�!I��f��llP1�;1f LSLsoom®mLE�mEr� oLmOoommmmm aL�•_����c�L�,cn•���e �mmrc� Po D WWART TABLE r¢wnm we wmi :o� ♦c rt ¢nnnw ni o rt Ntll� 'MCv 0.H .0 R lV iR 1EPLHD LCIfNMN 0.6] /G R �ao-m mu�na vrv. a . uo ioo-m wu�c xea�vn nn .c rt iao-.n awz xrrz as m EMERGENCY OVERFLOW SPILLWAY W/CONCRETE RIBBON urs 10 au UP s U F z u w z F U c.0 �vR wmw.ra mirz. ff mn.00 ell e r unuTr aUa Aaraovu. iN � scu.e: i•= eo ews em vv S xmn er ease s �y a a� CRaf. YALLN'I ^�t0 mn Mro pg KJ MAME COMMUNITY RECYCLING FACILMY EROSION CONTROL PLAN C"OFFORTCM 300 IAPOFeEAv .B.1.M B FartC .,COM521 (970)221E610 r r alil I� Pat i (rfA(RA(L3i(:Lj(Lai'is a!4 �; J l i B Ni 4(r Mill. @i I. i .�• pa CA.i Po; rr�A XI Y No,. e "t( m 'Jf Sk�F -rt� E�Y y il AZ'I wasir� rc.wu �- 22I a1 R .1 —d . UnJry vLnr wwnovei om®ro nee�.�n uv� weam n ocoen n .re•@•� r 9 1) Substantial Completion: Three Hundred Dollars ($300) for each calendar day or fraction thereof after the date of Substantial Completion as provided in Section 3.1 above. 2) Final Acceptance: Two Hundred Dollars ($200) for each calendar day or fraction thereof that after the date of Final Acceptance as provided in Section 3.2 above. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: Nine Hundred Five Thousand Five Hundred Seventy -Three Dollars ($905.573.00), in accordance with Section 00300, attached and incorporated herein by this reference. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1. Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If , in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00520 Page 3 for payment. 5.1.2. Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to rrri I AAe � I xa -sEA i i1 I , A ppeeg9 � I E pig _ �a e a QR5 a I H' o J,a = B A pH� I E a p a:fit a ■ hRRRE I �Y L [I y i 4 B s. Rip T; c� [ �q Pw AMAhe )yam T — .,...-as xiw COMMUNT'RECYCLING FACILITY CflY aPFbRY Caul P. r 1COIl CowA cB1 21 r�rr. .CNYM: rv/n O - a FOxr Cowx5.0080521 g ad DETAILS (e7o)221� 10 m m I„ I r COMMUNITY RECYCLING FACILITY A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO awlRso w�X, w f� +s_er w xWe xm nrlBu eDa PLANNING CERTIFICATE COMMUNITY RECYCLING FACILITY FINAL COMPLIANCE PLANS FORT COLLINS, COLORADO GENERAL NOTES Fcity of ort Clfy aPort CBpIAe �. RsmroMN'[wua[OrsL¢n*lo[ewerouL,ounmwli[xlciwXS VRury wire nw anucEa JOO LBPoRaAW.. BUlldlnp8 1 sB,.ro. 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NF U. 4IIW. cauaxm uimK"cll. °f r Pxn Txmu Xo 1/S'Y M'WV 6RL %aL xom Ppo-rX3SCXlfD sXw n!n uxrLr wr z Ism®. 2 OUICK COUPLING VALVE IN BOX R ooax Xax¢ Iola. a EdXlml e'(aYi Q urinmrc mnMcmR Xui Xmpu n iemX1OX° � a �.mm a rc m IX`wIM"°� v wlia n mLw. ux"`m" xL mmm� w ¢ pLmPr sa<Xxo XwL: rXo u riv Pw Lwxmnm. v�lm o J oMnw.m r a mm�i anmaa�T pvs nL rtffi I.m0 W1�EX6�M um lviaw zwmumJLl¢r rm 4 DRIP EMITTER AT 1/4' TUBING 5 TREE RING FOR TREES r - ra' vxr;u-n v'm,L;aa-la 11 a1) J W WOW JIOM. MIIIW;9O 0! /�INLN MUMN OMVp. ulrx°0"i "oiE m�0M1p a x.Xlrt cru Ix R[x aoL Xoa PI.nE IXLooEX li"w:E r�s n¢wuwrcv w wwrX<rvxn. 1' DRIP VALVE W/BASKET FILTER & DECODER �r N 3�� OIXv NaM w IOM,WL RIBN W. mmP rvmm coY*LXm. sP�� eo. e• xeoa �.pmE R- oRM >mw woe a axILM i m e�a��m pim aoTL[rn"iuME Exo axra>c�rMnr� VILK WX Mxp rWJMX4 DRIP FLUSH CAP ASSEMBLY INSTALLATION GENERAL NOTES �b[pV4 MaW[a IM1. b[ M YIDrlw IiXLX 1'CC ON Thsip[O191R. RYRlRO0.NNl GILCMt Pµ11YNwTh rn! N'Unr[OxV.OM .V.O iF9RWTW IX(N�BTRThn.Mm GµJaplbx. CRNtk[ dd[MIONBRICl 10 fgx9rRVcnOx NiVnt�M l0 MM9rWC11CM mul{XyLalgp[ roll prl. IP ppCUI'WCIH M[4DROIX TR A9DLiMT[N lMXThiYLmupRwa rxomavloeo IXMarn, anlRacroR rwzLmIm oxXRn RlRepex rX Irrt a mlLw a wlmnm4. mYnrl+armwm me ilnrrwarox M me iweailW XrortN IP aurn lll[.RNMSRm[flNlpN on.%"X«�oeri�u cewnPminnXn, IUIW W aW f/JI.IPCNSXR MXXWM. VMp 4RR/.e YN[9. flL.19nMLR INTl11®IN JNppGRp IA[U VMM!ht4 Pp9&&!. AT4 nq W N W O wwnW rsM[e«eNn.M.x Xrxax.M ovmme PN4nNa KlM ARQAVn. 'wwn'�Na Mrml'risca'. un �ri lieen�ii"nnea ' wllxMRP[Bp91[.[MNIN1[grdllK PHCf fio�X rLT �RP9.Wp R[[9.X NRi M.W ncrrmoemumxlLa uxmure unrzeu. cXx �ra YMbf la. WlRx,N.e%pxx4[R RR'WLLM. X[y Xq Wr µbNTO. WtV i(MWMa >. WNMcf(M9MLLIN3rIy Mp}IICJRR NN. unlTi IWGxRD NtA OIMWNIx MR ORNN! MA(91M M[CnNKKS. NpYLt �TMGO M[ aWwup uq at! zcXV E-..wr xl plrt. Ccxwno'2 W.CdaYCrlSGpxnW aeMpxee roXrlrmww eve ar aie rvorroNm`I`rm wrnThww�nine uo a The rrtxtwxuRreroL u Xweleewasn.�L a Xrnaamo MeemlTp... wws avmmrow. au amauo roe rom e%NX Xxo[lsRacM Psnctmalm. ea: nuXa xrre[.I[[wNc w.s xor ursru,eo x.0 <u noXa W ra. aYJEm n me lulur, W owew*ce. mulmra/"rsvi�u �w�`ceRYXrom�melXxnouu ELeR%e cooE rwo ru.v[ueXlL! IeuL eYsme uouncmm. Xe PcmawXa rloup � xp Im aaemlxo rm[ n .Xrep aern w,M urnmWeuiX slnnas�`IM[„ melXwzm xrnnxr Xu[Pa neaw Nm s Tla 1ln Ylrt wm pu 1. Raxnnep ra ovrixr nrcels xo*m Ixm[ eee[w. wrmrtmlu3J18 14eioNv ronc�`+mo[xpM x• [Cy Ny.N9PMBXKId[M Cp1A(A WPt 'a. pwoureRX�wJ. oXt r11p4+L rrnmrM Muuw[..wo polo caneln aweReJA10. IwunW axx vuKnuauplle w.re vuKl. COMMUNITY RECYCLING FACILITY FORT COLLINS, COLORADO C)ry of7a C-1"Z 300 L fto A.., BN101n0 B (910) 201-6610 IRRIGATION DETAILS NermrocmL ewxlEmlmo4we. I OflMYNNO NUMBEfl', IR2 0!a"A" e L19 GYi Iwo m LIGHTING FIXTURE SCHEDULE uws oaswn nww Ywwmw vw.war.Mxw ur, No. cars ab LS 'ILO'YKa U64r wm M1P(S Y^r/6 BPMX'C- YMpM y mallCt�r NM-am� HB S. bx a°es uo•aau uaxr wm nrcaroms amwa b^a." umowa -vA�anw_iar OE&ro sae tt a-ro U:a flldll5 7E0'ARI IIdIWM 111Y {'I MfldS MWS %-U �t IIMPM oarrua-ea-rmo -aLN-rIrY-YMtI -SVA-MM-0.HM ]IM F�� mmm4r er 4r mmb44Ebr beombr brA m mmmea bmmbm mmm abr Arm l.mm mm . Ar Ar 6r Arm bb eat.+ b�l.r p�4r Ar 4r lrm mb ate 1. mm mmm6i e. 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A.lame.4mm9om ELECTRICAL SITE PLAN m� m mmmDammmmmml.mmmm mb6�mmmmmmmmli fammmmea ea bammmmmmm �� r._b. a.bmea e.me.mlammh.m mmm mmmmmmmmmm mmmmmmmbn l,mmmm mmmm TIMBERLINE C COMMUNITY RECYCLING FACILITY FINAL COMPLIANCE PLANS FORT COLLINS, COLORADO Foy rt�Collins cmrfv A e cBuifd 900 bPortw 221- BWltllnp B (B]O) P21-BB10 SUL'. A4'w^F191.sa. r�a� onn—lux T PHOTOMETRIC PLAN G flbWING NIIMBEP' PM.1 0= wum� i■ mv a m■mmm 80m"mmmm oovmvwvv©o uo�mc��ac->•uuuca 0000vs�vorvvv ors.c��u�auc��s �r�a o9v©ovvvv a 9v9cac�cau9�ecsav�e�e� �c�c-�oovr7-+ - >-9eau>,cu�vv�v D•Sedes Size i �- Leo au lurnmsia Le ir� ..a.m.er....uws... m®a.. nAMneoai .lo me imem.nn Nwnsa.000a fA F7XTURE TIME AA, 18C 'CC' COMMUNITY RECYCLING FACILITY FINAL COMPLIANCE PLANS FORT COLUNS, COLORADO City o/Fort Collins 300 LaPorte Ave. Building B (9701331.6610 SEAL: PHOTOMETRIC SCHEDULES DRANANG N{MMR: PM.2 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 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SXMU Rwi wA. amG [LI tt[[RTIL -art R.AIIYd ML[, !A( aLC11BG[ - (KMm LR 0.N AMAs (31 !1(tMf f - LM IK lrvAwAYS TIMBERLINE & PROSPECT MINOR AMENDMENT FORT COLLINS, COLORADO art Collins cny Pf J%H WYnJ ]W INPOne AY•.,B WIWB (Dya) 2211 10 AI® RExspu9 9Fµ' Am ml$ gyp' rank w.xrlry IsN ELECTRICAL LEGEND. SPECIFICATIONS, DRAWING INDEX ORAWN NUMBER; n LJ � . YE.M,. Pal] M,,, IBE'M'. Le'1 G'R A-ae 6MigA SU' UbIR M YMM.YL R MIIRO 10 PANLI XW M OIfM.RM SMIb( CI. C] � [IgaO. N.6L1Mf. 4p�] M AV (1lCIMCALLY MIO ®® CW rACT% ] -MIL IM IIXI LPY. NiP CW MLA eWAH rxAWEI. / I�r PNowr �uA �A�x b' eRa�agfya,.wt lLoarE Ar rxmvNAt rawueMr IMnA YM aKMM[ � �LIIP NMN IdM �NIY Y PlL I errtMa. me ® Muw%�u�xwryauAA>anaxa ARaENENr B.n} r f , . ..E' REFERENCE NOTES (MIS v¢r* mv,, � rRaw a a¢r en] M rMnnncu AtwwNL m amNa uwsrMr sam, sa eAUAm nvi ex srl¢r M: CD MONCE PowPeWN RIMEu�E! miwmv M% 9l] nm p �wu er r. rvSeEunwi m�inrcrlmxr rars rw nMVAPwawsen CfY/DAIA KPPW d/WNS IIIUI flv". RN MM PULLMM LdIN[LIN O M'ila Bov. [MIIE f�'.I Ofa NM KAnlrxvrtev ® ewA w Exrz 1 uanxc c ClCsrsnY Yc aun ms sr Ere O Rµ �A' xLSI zo! W °Pn'o.'r.ry MvwGli CrKl .1. I .. I[�M �M�E. Wv uY (v �M�RN� NG O�MR Hwn�AMH fKi b[Mi�M� Mw�MMVYY�� M�M MINR �I��a.�lG. ��iYl[�NON�G �E95�9MMM1v�MM[Mr1��EdRur Y�I4 YlG TIMBERLINE & PROSPECT MINOR AMENDMENT FORT COLLINS, COLORADO C/ry oI Fort Celllns 3W LaftM AEM., BWIWM B roro� uBamo eaerrznwB.•amsa SUL: �k ELECTRICAL SITE PLAN IMAWW NUMBER E0.1 awe -Par, (m) eulPOR 'any nuod" ooc nullloJ vod )o.t/IJ SUI��O� jJ yo A31� OO V8M W 'SNIIIOJ INOJ 1N3WON3WN NONIW 103dSOdd T 3Nll&38W11 INV )73 1rd aa3 4.WTK E).Y�Md �ni WP�W49)btlo4av l�LXm4hd Ilvllr �hYnON��� iW �T4F �Y/Y.Y�f M1�1�0CW�d�L�Y/IW�/wp tlrY lM1WYa4�9nwM],v4d,Y}YY INYN TY�IrIWO SKY, vIOY iYvwl .o-, • •a✓, ,rna „ NV7d 3115 7b3/6U,?373 (213113HS 35 Uyl) - Ala, Iwn var4 awuru wr awao w4 aremae a.oi um Knry p Ian K, ,r„o � wss,wusvn K� p aLYI.VSAIr dT'IR9 N IYNM9lYOL.KW-pWl Aagtl p AW 13I s) S310N 33N3N3-42& I 1 .e✓I INIS m NV7d 31IS 7VJId1.7373 t �� s� owar�ai nluannl aah I�w4a r I.WfvalOi auw. avr r�rY,w)® xPrnaa na,aa mauve Y11ir„I .iMINQ „2OiN7 lON „ 1, vm 1 w comon.cx soml,nVm11 osa Exterior Lighting Compliance nov' GRlficate M211CC IYYM is Vn1M11nMMbn PN...,I.IMe.r... Y l4:OlOMr4R�FPOu. W4Isi,RIpF•eln.e��uw:1.M/N.rl ' o.v 4RRs L E,YNrLkM1W AmNu Pvvn LNeultlbn sr.ra,.r sy �• ry . YOlbn i:WYbLpMYq Pltlen4lweeM •4s�r•��_ 11*0"l LwgN1e ee� DISCONNECT SWITCH MOUN77NG DETAIL (Mu) bl'WM, /j tt-- e=r.l11 rovrRncrtw Rr 'ciwnNrtNeR...' W rwnul1W <ua N 16'NtNS ,mer,r ee v mwern am wr e'-rarc oRvclRa oowM aN �� REGVIREHREMFN.WD µDV 9lRULTYRµ E110INMER1NEER O1 POLE&ASE MOUNTING DUML'M'.'B@ I NTS eeno R. mo s•enlunw ^' M ee r w .w.. P. M•N::: mvl, b..w1-1 1~bs�4.;'I•AiaPNunl[I.1-: •A: .. moe ...Mw F I...mv NkJ11IwF1..:WIt ,. I.� nwL w 1_.I,........MM... 1r+ e+. •... �d .:F F: w 1<-."., A°:�..; ; � �M.�a, (A ..M...� br TM�•:L CN mn4 m/nwn wllllAwMm>MMeesJ A.a:M/�/IVF M mr InMh N... Mw+ � mo.•e . ln�way t�rnle �nlFp e1 IM MI. wMNM prt ma's ,b Fn Mbmm�l w mr xryNm/1rm. w mamw. rn. mue ewwomahnAmn.J. I M nrvbeb %.�Fl.� s1 ��InIM N NM min nIN emiWalb. w u• a•e1HI Imb1Y baull .�..Y.. 4M 1M A..�I..Y •0 M� II nwmWwY le P.YP bWW NailYtlw 1no1 �:un MY.bf•I FMy1Fp nNP .w> b v Pwl. Nw Yn M-mull wm1 eMW. el tln 4FYM eMn l••a� FEEDER SCHEDULE mr,1 srv¢.xoz xa, . Q++leYeuw nMW r-1M1 NEN IEOI, A,4F1 Ue [dNYLNr_ 11mI... xW nxT xNAw'- 16A®NwwoK Nfl1 ¢MR,I Pollen - nem t wrM. xenv ®Mwww 14 ,MS M MY ,O ,V IIPM¢ LIGH77NG F7X7URE SCHEDULE TIMBERLINE & PROSPECT MINOR "f AMENDMENT u x0"i:vrt r.¢ rvr FORT COLLINS, COLORA00 �ea�®eeooeeea�eoa oEaI�00®pomeee�oan o�mseemeomeeea.�oo otioeeemeomavv�o.o ooR.�aaoaomaeeaioo n�osavmaoeove�room muoeev©etava®er>i+rla.caom m�mseemeooeee m �oseeReeeoee�om mm�®avv�oereve�mom 0M M m�ioseeee•rfanoeeee�oo© mee�eeeetaeeers�mom mee�eeeevoeeeev�room mev�ersereoeveev�rtaom mevaeva�eavv�oom EDO meO11311= �00000000O 0�000O�1101© MCm © mev�aeaeoeaaa�eem eem m meeeeeeoeevv�eem avvoevee eeo �eeNEI eommo wemeoavame� �ee��� m mrruemT� r ,R ELEC7RICAL ONE -LINE DIAGRAM Mrs.) �.n � e,mersw1 L m — � w ,mueem ; CeMM ..:a n6 SWMI P. M �t:M wwD, ,ter x ..,wFCItyOf Of/ t� C oWns Cloy of Fort Collins 300 LaPorte Ave., Sulking e (970) 331-0010 SEµ E�ELECTRICAL ONE LINE DIAGRAMS & SCHEDULES DRAWING NUMBER: E3.1 • ARTICLE 7 6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. CONTRACT DOCUMENTS 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of "Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: SHEET NO. I... ........... _.......................... z........................................... 3......................................... 4 .... _..... _............... _............. S.......... ......... _....... ............... 8............................ .»...... ».... 7.......................................... 8•I0 .. ..................................... DESCRIPTION OF SHEETS COVER SHEET GENERAL NOTES HORIZONTAL CONTROL PLAN GRADING PLAN STORM SEWER PLAN AND PROFILE DRAINAGE PLAN EROSION CONTROL PLAN DETAILS The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4. Addenda Numbers N/A to N/A, inclusive. 7.5. The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.6. There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. J 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. OWNER: CITY OF FORT NLINS . CONT OR CONNELL RESOURCES INC. M ITY MANAGER By: G RRY .PAUL PURCHA ING DIRECTOR Date: 2 f Attest"" a A City Clerk Address for giving notices: P. O. Box 580 Fort Collins, CO 80522 as Fo Senior Assistant City Attorney By: (I h^i O AA Al . WQK6►% PRINTED Title: Vree P2s:�en f Date: 1/�.l 71XO14P (CORPORATE SEAL) Attest: r AA f7�grh'�f07 Address for iving n/otiFes: 7P5 xlaa� " /DO orl to/I"S Oo 86528 License No.: I/4 SECTION 00530 NOTICE TO PROCEED Description of Work: 7622 Civil Contractor for the Integrated Recycling Facility Project - Construction Phase To: Connell Resources Inc. This notice is to advise you: That the contract covering the above described Work has been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance Bond and Payment Bond have been received by the OWNER. That the OWNER has approved the said Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Agreement. Dated this day of 20_. The dates for Substantial Completion and Final Acceptance shall be 20_and 20_, respectively. City of Fort Collins OWNER Title: ACKNOWLEDGMENT OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged this _day of 20 CONTRACTOR: Connell Resources Inc. in Title: SECTION 00600 BONDS AND CERTIFICATES 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate SECTION 00610 PERFORMANCE BOND Bond No. 106362686 KNOW ALL MEN BY THESE PRESENTS: that Connell Resources Inc. 7785 Highland Meadows Parkway, Suite 100 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the 'Principal' and Travelers Casualty and Surety Company of America (Firm) One Tower Square (Address) Hartford, CT 06183 hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of Nine Hundred Five Thousand Five Hundred Seventy -Three Dollars ($905.573.00) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 21st day of January, 2016, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 7622 Civil Contractor for the Integrated Recycling Facility Project - Construction Phase. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 26th day of January 2016. IN tE N F: 1114d 15ecre )�y (Title) (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: (Surety Seal) Prin ipal nnell Resources, Inc. zc (Title) 7785 Hiehland Meadows Parkwav 4100. Fort Collins. CO 80528 (Address) Other Partners By: By: Surety Travelers Casualty and Surety Company of America By: &14�. h4" Darlene Knngs, Attorney,kin-tact One Tower Souare_ Hartford. CT 06183 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. SECTION 00615 PAYMENT BOND Bond No. 106362686 KNOW ALL MEN BY THESE PRESENTS: that Connell Resources Inc 7785 Highland Meadows Parkway, Suite 100, Fort Collins, CO 80528 (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and Travelers Casualty and Surety Company of America (Firm) One Tower Square (Address) Hartford, CT 06183 hereinafter referred to as "the Surety", are held and firmly bound unto the City of Fort Collins. 300 Laporte Ave., Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as "the OWNER", in the penal sum of Nine Hundred Five Thousand Five Hundred Seventy - Three Dollars ($905.573.00) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered into a certain Agreement with the OWNER, dated the 21 st day of January , 2016, a copy of which is hereto attached and made a part hereof for the performance of The City of Fort Collins Project, 7622 Civil Contractor for the Integrated Recycling Facility Project - Construction Phase. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. _i CONTRACT DOCUMENTS TABLE OF CONTENTS Section Pages BID INFORMATION 00300 Bid Form & Construction Schedule 00300-1 - 00300-3 CONTRACT DOCUMENTS 00500 Agreement Forms 00500-1 00510 Notice of Award 00510-0 00520 Agreement 00520-1 - 00520-6 00530 Notice to Proceed 00530-1 00600 Bonds and Certificates 00600-1 00610 Performance Bond 00610-1 - 00610-2 00615 Payment Bond 00615-1 - 00615-2 00630 Certificate of Insurance 00630-1 00635 Certificate of Substantial Completion 00635-1 00640 Certificate of Final Acceptance 00640-1 00650 Lien Waiver Release (Contractor) 00650-1 - 00650-2 00660 Consent of Surety 00660-1 00670 Application for Exemption Certificate 00670-1 - 00670-2 CONDITIONS OF THE CONTRACT 00700 General Conditions 00700-1 - 00700-34 Exhibit GC -A GC -Al - GC-A2 00800 Supplementary Conditions 00800-1 - 00800-2 00900 Addenda, Modifications, and Payment 00900-1 00950 Contract Change Order 00950-1 - 00950-2 00960 Application for Payment 00960-1 - 00960-4 SPECIFICATIONS IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this 26th day of January 2016. IN ES OF: Pri cipal or, Resources, Inc. ISSx�rB/ (Title) (Title) (Corporate Seal) IN PRESENCE OF: IN PRESENCE OF: (Surety Seal) 7785 Highland Meadows Parkway # 100, Fort Collins, CO 80528 (Address) Other Partners 0 By: Surety Travelers Casualty and Surety Company of America By: Darlene Krings, Attonhey-in-Faig One Tower Square, Hartford, CT 06183 (Address) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. 0 POWER OF ATTORNEY Farmington Casualty Company St. Paul Mercury Insurance Company TRAVELERS Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -in Fact No. 229441 Certificate No. 006426681 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters. Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint Darlene Krings, Kelly T. Urwiller, Diane F. Clementson. Anthony P. Stimac, Royal R. Lovell. Russell D. Lear, Katherine E. Dill, K'Anne E. Vogel, Steve J. Blohm. Wesley J. Butorac. Dulce R. Huggins, and Sandra L. Schifferns of the City of Greeley , State of Colorado , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. y WITNESS WHEREOF, the Compgpiecorporate 5 ls have caused this instrument to be signed and their coorate seals to be hereto affixed, this .ay of July LU , Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 28th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company GPSY�! 000'-'�- 0----! un t,:.I.n'1 i " State of Connecticut City of Hartford ss. By: 4-.4-4x Robert L. Raney, kenior Vice President 28th July 2015 On this the day of , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,TET To Witness Whereof,) hereunto set my hand and official seal TAfi ly Commission expires the 30th day of June, 2015. 'OUBU� '1%VEC'CF'S ) n cAih C . j.jwt0u Marie C. Tetreault, Notary Public 58440-8-12 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vit President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary: and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal. if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED. that the signature of each of the following officers: President. any Executive Vice President, any Senior Vice President. any Vice President. any Assistant Vice President, any Secretary, any Assistant Secretary. and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents. Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned. Assistant Secretary, of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTEMONY WHEREOF. I have hereunto set my hand and affixed the seals of said Companies this 26th day of January 70 1( Kevin E. Hughes, Assistant Seciftary GPSUa Uw[ 4 t,M .Ifs � �xsL .�tt �h Y 1 (�` s QO�: Gy' `JP, ..... p:M1 iP rPP �c.p•wrn�t � 4>n Mo �S wG 11 N%tY�7gtm ' 2 n ZOPPOR��[;`y yi�pP049tf�CP P R To verify the authenticity of this Power of Attorney. call 1-800421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. A6 "® CERTIFICATE OF LIABILITY INSURANCE �/25/2016" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Flood and Peterson PO Box 578 Greeley CO 80632 CONTACT Nikki Mosbrucker CIC, CISR NAME: PHONEU. (97O)266 -7123 FAXWC . Nol.(970)506-6823 -MAIL NMbk®fld eterson.com ADDIL .osrucer ooP INSURERS) AFFORDING COVERAGE NAIC 0 INSURER A:Char ter Oak Fire Insurance 5615 INSURED Connell Resources, Inc. 7785 Highland Meadows Parkway #100 Fort Collins CO 80528 INSURERS Travelers Indemnity Company 5658 INSURER C .Travelers Property Casualty 5674 INSURERD:Pinnacol Assurance 1190 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER:CL1552803110 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE A L UBR NUMBER POLPOLICY MMIDD/YYEY1 % POLICY EXP MM/ �/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR X DTC04794N532COF15 6/1/2015 6/1/2016 DAMAGERENTED I ET fEaocurrnc $ 300,000 MED EXP(Any one person) $ 10,000 PERSONAL B ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG $ 2,000,000 $ POLICY X PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea acadenV $ 1 000,000 BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED TOS X T8104794N532TIL15 6/1/2015 6/1/2016 BODILY INJURY (Per accident) S PROPERTY DAMAGE Per accident S X X NON -OWNED HIRED AUTOS AUTOS Uninsured motorist combined S 1 000 000 X X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 C, EXCESS LIAB CLAIMS -MADE DED RETENTIONS $ X TSMCUP4794N532TIL15 6/1/2015 6/1/2016 D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y 1 N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? � (Mandatory in NH) N/A y 029651 6/1/2015 6/1/2016 X WC STATU- GTH- TORY LIMITS E.L. EACH ACCIDENT S 500,000 E. L. DISEASE - EA EMPLOYE $ 500,000 If yes. descnt)e under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: CRI# 2161006 - 7622 Integrated Recycling Facility Project Certificate holder is included as Additional Insured as required by written contract with respects to liability arising out of work performed by the named insured. City of Fort Collins PO Box 580 Fort Collins, CO 80522 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Mosbrucker CIC, CISR /2n1n/n51 17 19RR-2n1 n ACCIRn CnRP )PATION All rinhta racamart INS025 r?mnms m Tha armor n,ama and Innn arc, ranictararl mortre of A(:r)pn SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance in accordance with the following requirements: 1. The Contractor will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Contractor shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Contractor, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Contractor's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Contractor shall maintain during the life of this Agreement for all of the Contractor's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Contractor shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) DATE OF SUBSTANTIAL COMPLETION PROJECT OR SPECIFIED PART SHALL INCLUDE: PROJECT TITLE: 7622 Civil Contractor for the Integrated Recycling Facility Project — Construction Phase LOCATION: Fort Collins. Colorado OWNER: City of Fort Collins CONTRACTOR: Connell Resources Inc. CONTRACT DATE: January 21, 2016 The Work performed under this contract has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. ENGINEER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS, COLORADO By: OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE 120 TO: Connell Resources Inc. Gentlemen: You are hereby notified that on the day of 20_, the City of Fort Collins, Colorado, has accepted the Work completed by Connell Resources Inc. for the City of Fort Collins project, 7622 Civil Contractor for the Integrated Recycling Facility Project - Construction Phase. A check is attached hereto in the amount of $ as Final Payment for all Work done, subject to the terms of the Contract Documents which are dated January 21, 2016. In conformance with the Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: , 20_. Sincerely, OWNER: City of Fort Collins By: Title: ATTEST: Title: SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins. Colorado (OWNER) FROM: Connell Resources Inc. (CONTRACTOR) PROJECT: 7622 Civil Contractor for the Integrated Recycling Facility Proiect - Construction The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes and adequate description of the property and improvements to which this Lien Waiver Release pertains. It is further acknowledged that this Lien Waiver Release is for the benefit of and may be relied upon by the OWNER, the lender, if any, and Surety on any labor and material bonds for the project. C Signed this day of 20_ CONTRACTOR: CONNELL RESOURCES INC. M Title: ATTEST: Secretary STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of 20_, by Witness my hand and official seal. Notary Public My Commission Expires: J SECTION 00300 BID FORM SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: Connell Resources Inc. PROJECT: 7622 Civil Contractor for the Integrated Recycling Facility Project - Construction Phase CONTRACT DATE: January 21, 2016 In accordance with the provisions of the Contract between the OWNER and the CONTRACTOR as indicated above, for (Surety) on bond of hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. • IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of 20 C (Surety Company) 0 ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. C SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE DR 0172 (12198) COLORADO DEPARTMENT OF REVENUE DENVER CO 80261 (303)232-2416 CONTRACTOR APPLICATION FOR EXEMPTION CERTIFICATE Pursuant to Statute Section 39-26.114(1)(a)(XIX) nn NnT WRITF IN THIS SPACE The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment, supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure, highway, road, street, or other public works owned and used by the exempt organization. Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided by law. A separate certificate is required for each contract. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. (See reverse side). FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED. Registration/Account No. (to be assigned by DOR) Period 0170-750 (999) $0.00 89 - CONTRACTOR INFORMATION Trade name/DBA: Owner, partner, or corporate name: Mailing address (City, State, Zip): Contact Person E-Mail address: Federal Employer's Identification Number: Bid amount for your contract: $ Fax Number: Business telephone number: Colorado withholding tax account rumber Copies of contract or agreement pages (1) identifying the contracting parties EXEMPTION INFORMATION and (2) containing signatures of contracting parties must be attached. Name of exempt organization (as shown on contract): Exempt organization's number: 98 - Address of exempt organization (City, State, Zip): Principal contact at exempt organization: Principal contact's telephone number: Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located) Scheduled Month Day Year Estimated Month Day Year construction start date: completion date: i declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. Signature of owner, partner or corporate officer: Title of corporate officer: Date: DO NOT WRITE BELOW THIS LINE Special Notice Contractors who have completed this application in the past, please note the following changes in procedure: The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certificate on exempt projects. Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by filling in the subcontractor's name and address and signing it. The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. Once an 89# has been assigned to you, please use the next five numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in sequence as this may delay processing of your application. • 9 SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) Article or Paragraph Number & Title TABLE OF CONTENTS OF GENERAL CONDITIONS Page Article or Paragraph Number Number & Title DEFINITIONS ............................. . ................... _1 11 Addenda . ............ 1.2 Agreement .............................. ......... _ 1.3 Application for Payment,,,,,,,,,,,,,,,,,,,,,,,] 1.4 Asbestos .............................................1 1.5 Bid .....................................................1 1.6 Bidding Documents .............................1 1.7 Bidding Requirements.........................I 1.8 Bonds ........... ................................. 1.9 Change Order..._ ............................. 11 1.10 Contract Documents.-, ......................... 1.11 Contract Price 1.12 Contract Times ....................................1 1.13 CONTRACTOR ..................................1 1.14 defective .............................................I 1-15 Drawings ............................................1 1.16 Effective Date of the AgreemeM 1 1.17 ENGINEER ........................................1 1.18 ENGINIEERs Consultant„.................... 1 1.19 Field Order ........ ................................. 1 1.20 General Requirements .........................2 1-21 Hazardous Waste. .... __ .................... _:2 1.22.a Laws and Regulations; Laws or Regulations ...................................... 2 1.22.b Legal Holidays....................................2 1.23 Liens ............................. .................... 2 1.24 Milestone ............................................2 1.25 Notice of Award......... ......... ......... __2 1.26 Notice to Proce4 ................................2 1.27 OWNER ................ . ........................... 1.28 partial Utilization ...............................2 2 1.29 PCBs 2 1.30 Petroleum ...........................................2 2 1.31 Project ...................... --- ---- - __ ___2 1.32.a Radioactive Material ............................ 1.32.b Regular Working Hours ....................... 1.33 Resident Project Representative ........... 1.34 Samples ..............................................2 1.35 Shop Drawings ....................................2 1.36 Specifications.. .................................... 2 1.37 Subcontractor .....................................2 1-38 Substantial CornpMork ........................ 2 1.39 Supplementary Condition; ................... 7 1.40 Supplier ..............................................7 1.41 Underground Facilities .............. ...... 2-3 1.42 Unit Price Work .................................. 3 1.43 Work ..................................................3 1.44 Work Change Directive ........................ 1.45 Written Amendment, .......... ............... Page Number PRELIMINARY MATTERS ................................ 3 2.1 Delivery of Bonds.............................3 22 Copies of Documents .......................3 2.3 Commencement of Contract Times; Notice to Proceed ...............1 2.4 Starting the Work ............................3 2.5-27 Before Starting Construction: CONTRACTOWs Responsibility to Report; Preliminary Scheddes, Delivery of Certificates of Insurance 34 2.8 Preconstruclicii Conferenq .............A 2.9 Initially Acceptable Schedule!j .......... 4 CONTRACT DOCUMENTS: INTENT, AMENDING, 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 Term a or Adjectives.....................................5 3.5 Amending Contract Documents ........3 3.6 Supplementing Contract Documents ...................................5 3.7 Rouse of Documents.........................5 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS, REFERENCE POINTS .........................................5 4.1 Availability of Lands .....................5.6 4.2 Subsurface and Physical Conditions 6 4.2.1 Reports and Drawings ..................... 4.2.2 Limited Reliance by CONTRAC- TOR Authorized; Technical Data ............................................ I "*'**"" 6 4.2.3 : Notice 6iife�mg; or Physical Conditionj .......... ....... 15 4.2.4 FNGINEERsReview ........................ 6 4,2.5 Possible Contract Documents Change.........................................6 4.2.6 Possible Price and Times Adjustments., ............................. 0-7 4.3 Physical Conditions -Underground Facilities, ....................... d .............. 7 4.3.1 Shown or Indicated ..........................7 4.3.2 Not Shown or Indicatc4 ....................7 4.4 Reference Points, ............................ J ZJCDC GETARAL CONDITIONS 1910-8 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph page Article or Paragraph page Number & Title Number Number & Title Number 4.5 Asbestos, PCBs, Petroleum. Hazardous Waste or Radioactive Material .................... 7-8 BONDS AND INSURANCE ................................. 8 5.1-5.2 Performance, Payment and Other Bonds............................................... 8 5.3 Licensed Sureties and Insurers; Certificates of Insurance....................8 8 5.4 CONTRACTORs Liability Insurance .......................................... 9 5.5 OWNERS Liability Insurance .............. 9 5.6 Property Insurance ............... .......... 9-10 5.7 Boiler and Machinery or Addi- tional Property Insurance ................ 10 5.8 Notice of Cancellation Pro%ision ......... 10 5.9 CONTRACTOR'S Responsibility for Deductible Amounts..... ............... 10 5,10 Other Special Insurance......................10 5.11 Waiver of Rightk ............................... 11 5.12-5.13 Receipt and Application of Insurance Proceeds ..................... JO-11 5.14 Acceptance of Bonds and Instr- ance; Option to Replace ................... j I 5.15 Partial Utilization --Property Insurance........................................ I I CONTRACTORS RESPONSIBILITIES ............... 11 6A-6.2 Supervision and Superintendencq ....... 11 6.3-6.5 Labor, Materials and Equipment_„ 11-12 6.6 Progress Schedule ..............................12 6.7 Substitutes and "Or -Equal" Items; CONTRACTORS Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation 12-13 68-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights . ....................... 13-14 6.12 Patent Fees and Royalties ..................14 6.13 Permits.._ ......................... . .............. 14 6.14 Laws and Regulations ........................14 6,15 Taxes ........................................... 14-15 6.16 Use of Premises ....................... ........ 15 6.17 Site Cleanliness ................................ 15 6,18 Safe Structural Loading ..................... J5 6.19 Record Documents .............................35 6.20 Safety and Protection .................... JS-16 6.21 Safety Representative .........................16 6.22 Hazard Communication Prcgnun; ...... 16 6.23 Emergencies .....................................16 6.24 Shop Drawings and Sam pleq .............. 16 6.25 Submittal Proceedurev, CON- TRACTOR!s Review Prior to Shop Drawing or Sample Submittal 16 6.26 Shop Drawing & Sample Submit- tals Review by ENGINEER ..... 1&17 627 Responsibility for Variations From Contract Document!k ........... 17 6.28 Related Work Performed Prior to ENGrNEFR!s Review and Approval of Required Submittals ...................................17 6,29 Continuing the Work ....... ............. j 7 6.30 CONTRACTORs General Warranty and Guarantee ..............17 6.31-6.33 Indemnification ........ ................ 17-18 6.34 Survival of Obligations ...................18 7. OTHER WORK IS 7.1-7.3 Related Work at Site.......................I8 7.4 Coordination .................................IS 8. OWNERS RESPONSIBILITIES .........................18 8.1 Communications to CON- TRACTOR 18 9.2 Replacement of ENGINEER ...........18 8.3 Furnish Data andPay Promptly When Due ..................................18 9.4 Lands and Easements. Reports and Tests 18-19 8.5 Insurance ............................. . ..... 1.19 8.6 Change Orders ............ . ................ J9 8.7 Inspections. Tests and Approvals ...................................19 8.8 Stop or Suspend Work, TeminateCONTRACTOR!s Services......................................19 8.9 Limitations on OWNER'S Responsibilities............................19 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ...... _ ........... J19 8.11 Evidence of Financil Arrangements.........._.................19 9. ENGINEERS STATUS DURING CONSTRUCTION ............................... ...19 9.1 0VV`NERs Representative ............... J9 9.2 Visits to Site ..................................19 9.3 Project Representative ................ )9-21 9.4 Clarifications and Interpre- tations ........................................ 21 9.5 Authorized Variations in V&k ........ 21 EXI)C GENEM CONDMONS 1910 -8 0990 EDITIOM w/ CITY OF FORT COLUM MODIRCAT70M (REV 9/M Article or Paragraph Number &Title Page Article or Paragraph Number Number & Title 9.6 Rejecting Defective Work ...................21 9.7-9.9 Shop Drawings, Change Orders and Payments .................. ................. 21 9.10 Determinatims for Unit Pricc4 ....... 21-22 9.11-9.12 Decisions on Disputes; ENGI- NEER as Initial Interprcto( ..............22 9.13 Limitations on ENGINEERs Authority and Rosponsibilitia ..... 22-23 CHANGES IN THE WORK .......................................23 10.1 OWNER!s Ordered Change ................23 14. 10.2 Claim for Adjustrnen........................23 10.3 Work Not Required by Contract Documents 23 10.4 Change Order4 .................................. 23 10.5 Notification of Suret.........................23 CHANGE OF CONTRACT PR1 CE 11.1-11.3 Contract Prix; Claim for Adjustment; Value of the Work .................................... 23-24 11.4 Cost of the Work .......................... 7A-25 11.5 Exclusions to Cost of the Work .......... 25 11.6 CONTRACTORs Fee ........................25 11.7 Cost Records ................................. 25-26 11.8 Cash Allowances ...............................26 11.9 Unit Price Work ................................ 26 CHANGE OF CONTRACT TIMES ............................26 12.1 Claim for Adjustment._.....................26 12.2 Time of the Essence ..........................26 12.3 Delays Beyond CONTRACTORS Control ................ 26-27 12.4 Delays Beyond OWNWs and CONTRACTOR!s Control ................77 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DFFEC771E WORK ..................................................77 77 13.1 Notice of Defects ...............................77 13.2 Access to the Work ............................27 13.3 Tom and Inspections; CONTRACTORs Cooperaticn .......... 27 13.4 OWNERS Responsibilities; Independent Testing Laboratory ....... 27 13.5 CONTRACTORs Responsibilities ...............................27 13.6-13.7 Covering Work Prior to Inspec- tion, Testing or Approval .................27 13.8-13.9 Uncovering Work at ENGI- Page Number NEERsRequest ..................... Z7-28 13.10 OWNER May Stop the Work .... __28 13.11 Correction or Removal of Defective Work ...........................78 13.12 Correction Period ...........................78 13.13 Acceptance ofDefecfive Work ......... 29 13.14 OWNER May Correct Defective Work..................................... 28-29 PAYMENTS TO CONTRACTOR AND COMPLETION ................................................ :29 14.1 Schedule of Values.........................29 14.2 Application for Progress Payment............................. . ...... 29 14.3 CONTRACTORs Warranty of Title ............... . ....... ....29 14.4-14.7 Review of Applications for Progress Payments.. ................. 29-30 14.8-14.9 Substantial Completion ..................30 14.10 Partial Utilization, ...... __ ........... X-31 14.11 Final Inspection .............................31 14.12 Final Application for Paymenl.. ...... 31 14.13-14.14 Final Payment and Acoeptance... .... 31 14.15 Waiver of Claims ...................... 3 1-32 15, SUSPENSION OF WORK AND TERMINATION...............................................32 15.1 OWNER May Suspend Work .......... 32 15.2-15.4 OWNER May Terminate ................ 32 15.5 CONTRACTOR May Stop Work or Terminatc, ................ 37,33 16. DISPUTE RESOLUTION ............................ 33 17. MISCELLANEOUS 33 17.1 Giving Notice................................33 17.2 Computation of Timm .................... 33 17.3 Notice of Claim ...................... __ .... 33 17.4 Cumulative Remedies ..................... 33 17.5 Professional Fees and Court Costs Included .............................33 17.6 Applicable State Laws .............. �33-34 Intentionally left blank .......................................35 EXHIBIT GC -A: (Optional) Dispute Resolution Agreement ..................... GC -Al 16.1-16.6 Arbitration GC -Al 16.7 Mediation ............................... PC -Al EJCDC GENEIM CONDITIONS AIM 0990 EDITION) w/ CITY OF FORT COLUNS MODrIFICATIONS (REV 9199) INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Acceptance of — Bonds and Insuraneq ........................................5.14 defective Work ............................10.4.1. ............*... ........10.4.1. 13.5, 13.13 final payment ................. ....................... 9.1Z 14.15 insurance.............. .............. . .......................... 5.14 other Work, by CONTRACTOR ..........................7.3 Substitutes and "Or -Equal" Items ..................... §.7.1 Work by OWNER ..............................2.5, 6.30, 6.34 Access to the — Lands, OWNER and CONTRACTOR responsibilities .............................................. 4.1 site. related Work ............................................... 7.2 Work...........................................13.2, 13.14.14.9 Acts or Omissions--. AM and Omissions -- CONTRACTOR ........ .......................... 6.9.1,9.13,3 ENGINEER. _ ... __ ............................... 6.20,9.13.3 OWNER....................................................6.20,8.9 Addenda--dermition of (also we definition of Specifications),-,,,, (1.6.1.10,6.19). 1.1 Additional Property Insurance* ................................. 5.7 Adjustments — Contract Price or Contract Times ...........................1.5. 3.5, 4.1, 4.3.2, 4.5.2. .......................... _ A-5.3. 9.4. 9.5. 10.2-10.4, .........................................1 progress schedul; ..............................................6.6 Agreement— dermitionof .......................................................1.2 "AH-Risk" Insurance, policy fc............................5.6.2 Allowances. Cash ....................................................11.8 Amending Contract Document; ................................ 3.5 Amendment, Written -- in general ................ J.10, 1.45,3.5, 5.10, 5.112, 6.6.2 .......................... 6-8'V-,6.19,10.1. 10.4,11.2 .................................... 12.1,13.12.2,14.7.2 Appeal. OWNER or CONTRACTOR intent to. ........ ................ 10.4.16.2,16.5 Application for Payment -- definition of ......................................................3.3 ENGINEER's Responsibility .............................. 9.9 final payment,,,,,,,,,,,,,,,,, 9.13.4, 9.13.5, 14.12-14.15 in general .................... ..... 2.8,2.9.5.6.4.9.10.15.5 progress payment ................. . .................. J4.1-14.7 review of ......................____ ................ 14.4-14.7 Arbitration ..................................................... 16.1-16.6 Asbestos -- claims pursuant thereto ............... .......... 4.5.7,4.5.3 CONTRACTOR authorized to stop Work .......... 4.5.2 definition of .......................................................1.4 Article or Paragraph Number OWNER responsibility for,,,,,,,,,,,,,,,,,,,,,,,,,,,, 4.5.1,11-10 possible price and times change,,,,,,,,,,,,,,,,,,,,,,, . 4.5.2 Authorized Variations in Work,,..,,.., �3.6, 6.25. 6.27, 9.5 Availability of Lands ...... ........... ........... ... __.4.1. 8.4 Award, Notice of --defined. ...................................... L25 Before Starting Constructiork .............................. 2.5-2.8 Bid --definition of . ..................... 1-5 (1-1, 1.10, 2.3, 3.3, ................... 426.4, 613, 11.4-3, 11.9.1) Bidding Documents—dermition Of- .... ............................................ 1.6(6.8.2) Bidding Requirements—deftnition Of .............. I ............. ....... I ..... 1.7 (1.1, 4.2.6.2) Bonds — acceptance of....................................................5.14 additional bonds ............................. _.10.5' 11.4.5.9 Cost of the Work ............................ ............... 11.5.4 definition of .......... I ... I ..... 1.8 delivery of.. ...... 2.1,5.1 final Application for Payment________________ 14.12-14.14 general ......................................1.10, 5.1-5.3. 5.13, 9.13.10.5. 14.7.6 Performance, Payment and Other .................. 5.1-5.2 Bonds and Insurance --in genera) .................................5 Builder's risk *all-risk" policy fornix .......................5.6.2 Cancellation Provisions, Insurance..,-_-.- 5.4.11, 5.8, 5.15 CashAllowances ............................ . ....... ............ 31.8 Certificate of Substantial Completicq... ..... 1.38, 6.30.2.3, 14.8. 14.10 Certificates of Inspection...-„--,--„..... 9.13.4. 13.5, 14.12 Certificates of Insurance ..............2.7. 5.3. 5.4.11, 5A.13, .......................5.6.5, 5.8, 5.14, 9.13,4, 14.12 Change in Contract Price — Cash Allowances 11.8 claim for price adjustment----,-...... 4.1. 4.2.6, 4.5, 5.15, 6. B.") 9.4 ...................9.5. 9.11, 10.2, 103, 11.2, 13.9. ....................... 33.13.1334,14.7,15.11, 15.5 CONTRACTORs fee .........................................11.6 Cast of the Work general ................................ ............... 11.4-11.7 Exclusions to 11.5 Cost Records ....... ............................................ 11.7 in general ............. 3. 19, 1.44, 9,11, 10.4.2. 10.4.3. 11 Lump Sum Pricing ..........................................11.3.2 Notification of Surety ..................... _ . .............. 10.5 Scope oL .......................................... __ .... JO.3-10.4 Testing and Inspection, Uncovering the Work ..................................13.9 EJCDC CIENERAL CONDITIONS 19104 (1990 EDMOM w/ CITY OF FORT COLONS MODIRCA17ONS (REV 9/99) Unit Price Work -......._.......... _.......... ......... 11.9 Article or Paragraph Number Value of Work..................................................11.3 Change in Contract Times -- Claim for times adjustment ...... _4.1, 4.2.6, 4.5, 5.15, .1...... 6.8.2, 9.4, 9.5, 9.11,10.2, 10.5, 12.1, ..... I ... 13.9. 13.13, 13.14, 14.7, 15.1, 15.5 Contractual time limitq.....................................12.2 Delays beyond CONTRACTOR's control........................................................12.3 Delays beyond OWNER's and CONTRACTOR's control............................12.4 Notification of surety.........................................10-5 Scope of change........................................10.3-10.4 Change Orders -- Acceptance ofDefeetive Work .....................__--13.13 Amending Contract Document; .........................3.5 Cash Allowances..............................................11.8 Change of Contract Pricy ....................... .............. I I Change of Contract Time; ...................................12 Changes in the Work..........................................30 CONTRACTOR's fee.......................................11.6 Cost of the Work.......................................11.4-11.7 Cost Records....................................................11.7 definition of.......................................................1.9 emergencies.....................................................6.23 ENGINEERsresponsibility .......9.8. 10.4. 11.2, 121 execution o(.....................................................10.4 Indemnifiction .........................0.12, 6.16, 6.31.6.33 lnsuranco, Bonds and ................. _.,,,5.10, 5.13, 10.5 OWNER may terminate..............................15.2-15.4 OWNER's Responsibility.............................5.6, 10.4 Physical Conditions — Subsurfaceand..............................................4.2 Underground Facilities--............................. .3.2 Retard Documents ...........................................6.19 Scope of Change........................................10.3-10.4 Substitutes ............................................. 47.3. 6.8.2 Unit Price Work...............................................11.9 value of Work covered by.................................11.3 Changes in the Work ... .............................................. 30 Notification of surety........................................10.5 OWNER's and CONTRACTORS responsibilities ............................ .............. 10.4 Right to an adjustment.......................................10.2 Scope of change........................._............10.3-10.4 Claims -- against CONTRACTOR, ........... ............ ....6.16 against ENGINEER ......................................... 6.32 against OWNER...............................................6 32 Change of Contact Pricy ........................... 9.4. 11.2 Change of Cattract Times ..........................9.4, 12.1 CONTRACTOR's............. 4, 7.1, 9.4, 9.5. 9.11. 10.2. ...........................11.2, 11.9. 12.1. 13.9, 14.8, .... ........ ................. -.. .....15.1. 15.5, 17.3 CONTRACTOR's Fee........................................11.6 Article or Paragraph Number CONTRACTOR's liability......,,,, 5.4, 6,12, 6.16, 6.31 Cost of the Work......................................11.4, 11.5 Decisions on Disputes ........... ................. _9.11, 9.12 Dispute Resolution............................................16.1 Dispute Resolution Agreement...................16.1-16.6 ENGINEER as initial interpreter.......................9.11 Lump Sum Pricing.........................................11.3.2 Noticeof -----_ .................................................1.7.3 OWNER's....................9.4, 9.5, 9.11. 10.2, 11.2, 11.9 ........................12.1. 13.9. 13.13, 13.14, 17.3 OWNERN liability .............................................. 5.5 OWNER may refuse to make payment ................14.7 Professional Fees and Court Costs Included_ _...... _........................... _..........17.5 request for formal decision of ...........................9.•11 Substitute Items.............................................0.7.1.2 Time Extension .................................................12.1 Time requirements...................................9.11, 12.1 Unit Price Work.............................................11.9.3 Valueof...........................................................1.1.3 Waiver of --on Final Payment.................. 14.14. 14.15 Work Change Directive.....................................10.2 written notice required ......................9.11, 1 LZ 12.1 Clarifications and Interpretatior4...........3.6.3, 9.4, 9.11 CleanSite............................................................6.17 Codes of Technical Society, Organization or Association..................................................33.3 Commencement of Contact Timey.......................... 23 Communications— general..............................................6.2, 6.9.2, 8.1 Hazard Communication Programs ......................622 Completion — Final Application for Payment ..........................14.12 Final Inspection ..............................................14.11 Final Payment and Acceptance...............14.13-14.14 Partial Utilization...........................................14.10 Substantial Completion ......................1.38. 14.8-14.9 Waiver of Claims............................................14.15 Computation ofTimes...............................17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others.................................................6.".11 Conferences -- initially acceptable schedules..............................2.9 preconstruction..................................................2 8 Conflict, Error, Ambiguity, Discrgmcy— CONTRACTOR to Report ..........................25, 3.3.2 Construction, before starting by CONTRACTOR ........................................... 2.5-2.7 Construction Machinery, Equipment, etc ..................6.4 Continuing the Work.....................................6.29, 10.4 Contract Documents — Amending..........................................................3.5 Bonds........................................ ...... ...... ..... 5.1 EJCDC GENFAAL CONDITIONS 1910.9 (1990 EDITION) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9l99) Connell Resources, Inc. 7785 Highland Meadows Pkwy,#100 Fort Collins, CO 80528 Phone: (970) 223-3151 Fax: (970) 223-3191 Estimator: Rdarfd Tremble BUDGET FOR COST Date: 1/15/2016 Submitted Ta City Of Fort Collins - Operations Services Budget Title Integrated Recycle Facility Address 117 N. Mawn, PO Box580 Budget Number: Fort Collins, CO 80522 Project Location: Timberline Road Contact: Ethan Cozaens Project City, Stale: Fort Collins, CO Phone 970-221-6273 Fahc 970-221-6534 Engineer/Architect: We have prepared for }our information the fokwng items for budget evaluation purposes for the referenced project. This budget includes conceptual quantities, resource costs, scoperof-work and schedules and therefore "not corryktelyrepmsent all item ofwork or cost ultimatelynecessary for completion of the project. This budget was prepared using reasonable skill and judgment, but is not an offer to perform the Work described. Item # Item Description Estimated Quantity Unit Unit Price Total Price A. General 00-100 Com blob Mobilization 00.145 Site Management 00-165 Roll Off Dumpster 00-175 Pothole Eadsting Utilities 00-100 Surveying B. Removals 21-100 Clear And Grub 22-250 Remove Fence 1.00 EACH $36,300.00 $36,300.00 16.00 WK $3,010.00 $48,160.00 4.00 MO $297.00 $1,188.00 8.00 HR $193.00 $1,544.00 1.00 L5 $10,700.00 $10,700.00 Total Price for above A. General Conditions Items $97,892.00 6.00 ACRE $933.00 $5598.00 750.00 LF $4.00 $3,000.00 Total Price for above B. Remi Items $8,598.00 r. roam Control 29-100 Compacted Berm Erosion Control 2,400.00 LF $0.68 $1,632.00 29-106 Vehicle Tradung Control 1.00 EACH $1,030.00 $1,030.00 29-108 Concrete Washout 1.00 EACH $1,180.00 $1,180.00 29-110 Erosion Fabric 400.00 5Y $5.20 $2,080.00 29-114 Erosion Log (9" Diameter) 120.00 LF $3.95 $462.00 29-116 Gravel Bag 100.00 LF $9.05 $905.00 29-120 Street Sweeping Alowance 40.00 HR $117.00 $4,680.00 29-500 Maintain Erosion Control Allowance 16.00 WK $249.00 $3,984.00 29-502 Erosion Control Supervisor 8.00 BY $451.00 $3,608.00 Total Price for above C. Erosion Control Items $19,561.00 D. Earttmodc 23-100 Strip Stockpile Topsoil Wf 627s 2,748.00 CY $2,80 $7,694.40 23-110 Unclassgied Excavation With 627's 6,741.00 CY $4.05 $27,301.05 23-200 Fine Grade Curb And Gutter / Pan Edge Treatment 670.00 LF $5.55 $3,718,50 23-205 Fine Grade Concrete Pavemei 18,000.00 SF $0.66 $11,880.00 Includes Placement Of 3" Of Road Base Z3-300 Subgrade Preparation / Rip And Recompact Only 9,600.00 SY $2.20 $21,120.00 Includes Asphalt Concrete And Road Base Areas 23-500 Fmish Grading Overlot 27,020.00 5Y $0.Z2 $5,944.40 27-152 Replace Strippings W/ 627 Scrapers 2,248.00 CY $2.95 $6,631.60 27-1S5 Replace 51bippings In Islands 500.00 CY $7.35 $3,675.00 Total Price for above D. Earthwork Items $87,964.95 F. Storm Drain 02-100 4" Perforated PVC Rain Garden Drain Line 650.00 LF $62.50 $40,625.00 30" Of Class C Filter 6" Pea Gravel And 12" Of Rain Garden Growing Mix 02-105 Cleanout On Rain Garden Drain 4.00 EACH $564.00 $2,256.00 Integral ad Rec Wla Facility Page 1 of Cash Allowances 11.8 Article or Paragraph Number Change of Contract PriN .................................... I I Change of Contract Times ..................................12 Changes in the Work ................................10.4.10.5 check and verif.................................................2.5 Clarifications and Interpretations .........................3.2,3.6, 9.4,9.11 definitionof .....................................................1.10 ENGINEER as initial interpreter of ................ 931 ENGINEER as OWNER!s representativc. ............. 9.1 gencral3 Insurance...........................................................5.3 Intent........................................................ 3.1-3.4 to inor variations in the Work ..............................34 OWNER's responsibility to furnish data., -- -------- 8.3 OWNFR!s responsibility to make prompt payment .......................... 03,14A, 14.13 precedence ................................................ 3.1.3.3.3 Record Documents ............................................ k (19 Reference to Standards and Specifications of Technical Sociefieq ................................... 3.3 Related Work ....................................................7.2 Reporting and Resolving Discrepancieq ...... 2.5, 33 Reuseof.............................................................33 Supplementing ..................................................3.6 Termination of ENGINEEKs Employment ........ . 8.2 Unit Price Work ...............................................11.9 variations� .......................................... 3.6,6.23, 6.27 Visits to Site, ENGINEER!s .............................. 9.2 Contract Price — adjustment of ................ 3.5. 4.1, 9.4. 10.3. 11.2-11.3 Changeof, ....... . ................ ......................... JI Decision on Disputes........................................ 9.11 definition of 1.11 Contract Times — adjustment of.........................3.5.4.1.9.4, Change of ................................................ 12.1-12.4 Commencemento( ......................................... ... 2.3 definition of . ...................................................1.12 CONTRACTOR — Acceptance of lnsuranoc...................................5.14 Communications......................................6.2 69.2 Continue Work ......................................... 6.29,10.4 coordination and scheduling ............................0.9.2 definition of .....................................................1.13 Limited Reliance on Technical Data Authorized... .... .... .. A.2.2 May Stop Work or Terminate...... 1.....................15.5 provide site access to others .......................7.2, Safety and Protection„................ .4.3.1-2, 6.16. 6.18. .................. ................... 6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal 6.25 vii Stop Work requirement* ..... ......................... .. 4.5-2 OONTRACTORs— Article or Paragraph Number Compensation ....................... ................... 11.1-11.2 Continuing Obligation .....................................14.15 Defective Work ............................... 9.6,13.10-13.14 Duty to correct defective Work ..........................13.11 Duty to Report -- Changes in the Work caused by Emergency ............................................ 6.23 Defects in Work of Others ............................. 7.3 Differing conditions ...................................4.2.3 Discrepancy in Documents ........ 2.5,3.3.Z 6.14.2 Underground Facilities not indicates},,,,,,,,,, 4.3.2 Emergencies .....................................................0.23 Equipment and Machinery Rental, Cost of the Work 11.4.5.3 Fee --Cost Plus., ................... 11.4.5.6,11.5.1,11.6 General Warranty and Guarantee .......................0.30 Hazard Communication Programs .....................0.22 Indemnification ............. ........... 0. 1 Z 6.16. 6.31-6.33 Inspection of the Work ............................... 7.3,13.4 Labor, Materials and Equipment .................... 0.3-6.5 Laws and Regulations, Compliance by,,,,,,,,,,,,, 6.14.1 Liability Insurance ..............................................3.4 Notice of Intent to Appeal ......................... 9.10,10.4 obligation to perform and complete theWork ...................................................630 Patent Fees and Royalties, paid for by ................. 6,12 Performance and Other Bonds I'll Permits. obtained and paid for by ....................... 0.13 Progress Schedule ........................... 2.6,21,29,66, .......................................0.29. 10.4.15.2.1 Request for al decisionan disputes.- ........... 9.11 Responsibilities — Changes in the Work..................................10.1 Concerning Subcontractors, Suppliers and Others .................................. ... 6.8-6.11 Continuing the Work..._..................6.29, JOA CONTRACTOR's expense 0.7.1 CONTRACTORs General Warranty and Guarantee.......................................6.30 CONTRACTORs review prior to Shop Drawing or Sample submittal,,,,,,,,,,,,,,,, . 6.25 Coordination of Work ................................6.9.2 Emergencies. ............................................... 6.23 ENGINEERs evaluation, Substitutes or'Or-Equal" Items ................ ............. 0.73 For Acts and Omissions of Others 0.9.1-6.9-2, 9.13 for deductible am ounts,insurance 5:9 ................... general ........................................6, TZ 7.3,8.9 Hazardous Communication Programs.........- 6.22 Indemnification 6.31-6.33 EJCDC (3ENOLQ CONDMONS 1910.8 (1990 EDITIOM wi a'ry OF FORT COLUM MODMCAMOM OtEV 9/99) Labor, Materials and F,quipment..............6.3-6.5 Laws and Regulations ................ ............... ..,6.14 Liability Insurance ........................................ 5.4 Article or Paragraph Number Notice of variation from Contract Documents ........................................ _ 627 Patent Fees and Royalties.............................6.12 Permits.......................................................6.13 Progress Schedule.._._ .............. ..__.............. 6.6 Record Documents ...................................... 6.19 related Work performed prior to ENGINEER's approval of required submittals .............................................. .28 safe structuralloading.................................6.18 Safety and Protection ....................15.20, 7.2, 13.2 Safety Representative ..................... -,..6.21 Scheduling the Work..................................6.9.2 Shop Drawings and Samples ........................0.24 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' Items................0.7.1 Superintendenc4...........................................0.2 Supervision................................................0.1 Survival of Obligations................................6.34 Taxes.......................................................... X 15 Tests andlnspections..................................13.5 ToReport ......................................................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 Work ..... 10.2 right to claim ,........... 4, 7.1, 9.4, 9.5, 9.11, 10.211.2, 11 5, 12.1, 13.9. 14.9, 15.1, 15.5. 17.3 Safety and Protection ._............... 6.20-6.22, 7.2, 13.2 Safety Represersauve....................................... 6, 21 Shop Drawings and Samples Submittals,,, 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 Superintendence ......... 6.1. 6.2. 6.21 Taxes. Payment by.........................................6.15 Use of Premises_ _ _................. ................... 6.16-6.18 Warranties and guarantees ..........................0.5. 6.30 Warranty of Title..............................................14.3 Written Notice Required -- CONTRACTOR stop Work or term inate....... 15.5 Reports of Differing Subsurface and Physical Conditions ........................ .2.3 Substantial Completion.. .............................. 14.8 v11I CONTRACTORS --other........ _.................................... 7 Contractual Liability Insurance—_ ....................... 5.4.10 Contractual Time Limits.........................................J12 Article or Paragraph Number Coordination-- CONTRACTOR's responsibility ........................b.9.2 Copies of Documents ............................................... 2.2 Correction Period. ................................................. 13.12 Correction. Removal or Acceptance ofDefeclive Work— in general...................................10.4.1. 13.10-13.14 Acceptance ofDefective Work...........................13.13 Correction or Removal of Defective Work.,,,,,,.........................6.30, 13.11 Correction Period............................................13.12 OWNER May Correct Defective Work..............13.14 OWNER May Stop Work............................._..13.10 Cost — of Tests and Inspection* .............. ............... _..... 13.4 Recordsll.7 Cost of the Work -- Bonds and insurance, additional ...................11.4.5.9 Cash Discounts..............................................11.4.2 CONTRACTOR' Fee.......................................31.6 Employee Expenses._..................................11.4.5.1 Exclusions to.....................................................11.5 General11.4-I1.5 Home office and overhead expense*....................11.5 Losses and damages....................................11.4.5.6 Materials and equipment................................11.4.2 Minor expenses... .......................... ............. J1.4.5.8 Payroll costs on changes.................................11.4.1 performed by Subcontractors...........................11.4.3 Records11.7 Rentals of construction equipment and machinery .............. ........................ Royalty payments, permits and license fees............................................11.4.5.5 Site office and temporary faeilitier................11A.5.2 Special Consultants, CONTRACTOR's............. 11.4.4 Supplemental................................................11.4.5 Taxes related to the Work ....................... ..... 1,1.4.5.4 Tests and Irupectiori......................................... ) 3.4 Trade Discounts.............................................11.4.2 Utilities, fuel and sanitary facibtieg..............11.4.5.7 Work after regular hours .... _...........................11.4.1 Covering Work...............................................13.6-13.7 Cumulative Remedies ............ ......................... 17.4-17.5 Cutting, fitting and patching...I... Data, to be furnished by OWNER ............................. R.3 Day —definition of................................................)7.2.2 Decisions on Disputes, .................................... 9.11, 9.12 defective --definition of........... ................................ 3.14 defective Work — Acceptance of......................................10.4.1. 13.13 ErCDC c¢rm-RAL CONDITIONS 1910-8 0990 mmoxl w7 CITY OF FORT COLLINS MODIFICATIONS aMV 9199) Correction or Removal of10.4.1.13-11 Correction Period.......................................„.„13.12 in general .......... ............._... ........... 13, 14.7. 14.11 Article or Paragraph Number Observation by ENGINEER ................................ 9.2 OWNER May Stop Work ...... ........................... 13.10 Prompt Notice of Defects...................................13.1 Rejecting...........................................................9.6 Uncovering the Work.......................................33.8 Definitions................................................................ I Delays ............................4A, 6.29, 12.3-12.4 Delivery of Bonds.....................................................2.1 Delivery of certificates of insurance ............................2.7 Determinations for Unit Prices ................................ 9.10 Differing Subsurface or Physical Conditions — Notice of ........................... 4.2.3 ENGINEER's Review......................................4.2.4 Possible Contract Documents Change,,,,,,,,,,,,,, 425 Possible Price and Times Adjustments .............. .2-6 Discrepancies -Reporting and Resolving, ............................. . 2.5. 3.3.2, 6.14.2 Dispute Resolution— Agreement................................................16.1-16.6 Arbitration,......._ ............. ... ................... 6-1-16.5 genera116 Mediation............................. ........................... 16.6 Dispute Resolution Agreement_.......................16.1-16.6 Disputers, Decisions by ENGINEER...................9.11-9.12 Documents -- Copiesof...........................................................7.2 Record 6.19 Reuseof.............................................................3.7 Drawings --definition of..........................................1.15 Easements.............................................................4.1 Effective date of Agreement -- definition g1'..............J.16 Era ergencies----- .................................................... _0.23 ENGII+IEER— as initial interpreter on disputes .................9.11-9.12 definition of.....................................................1.17 Limitations on authority and responsibilities,,.,, 9.13 Replacement of..................................................8.2 Resident Project Representative ...........................9.3 ENGINEER's Consultant -- definition of..................1.18 ENGINEER's-- authority and responsibility, limitations or) ........ 9.13 Authorized Variations in the Work.....................9.5 Change Orders, responsibility for...... 9.7. 10, 11, 12 Clarifications and interpretations ..............3.6.3,9.4 Decisions on Disputes...............................9.11-9.12 defective Work, notice of..................................13.1 Evaluation of Substitute Items ..........................0.7.3 Liability ................................................... 4.32, 9.12 Notice Work is Acceptable..............................14.13 Observations...........................................6.30.2, 9.2 OWNER's Representative .......................... ._...... 9.1 Payments to the CONTRACTOR, Responsibility for .................................... 9.9. 14 Recommendation of Payment, ................... 14.4,14.13 Article or Paragraph Number Responsibilities --Limitations on.................9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions.............................4.2.4 Shop Drawings and Samples, review responsibility.......`....................................6.26 Status During Construction -- authorized variations in the Work.. ................ 9.5 Clarifications and InterpretationA..................9.4 Decisions on Disputes ......................... 9.11-9.12 Determinations on Unit Price......................9.10 ENGINEER as Initial Interpreter.--_-_.. 9.11-9.12 F.NCrINEER's Responsibilities ................9.1-9.12 Limitations an ENGINEER's Authority and Responsibilities..............................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 to Site ............................. ................... 9-2 Unit Price determinations.................................9.10 Visits to Site ........... ................. ._........................ 9.2 Written consent required..............................:M 9.1 Equipment, Labor, Materials and ........................0.3.6.5 Equipment rental, Cost of the Work..................11.4.5.3 Equivalent Materials and Equipment .........................0.7 error or omissions, ................................................. 0.33 Evidence of Financial Arrangements ............... ........ $.11 Explorations of physical conditions ....................... 4.2.1 Fee, CONTRACTOWs—Costs Plus ...........................11.6 Field Order -- definition of.....................................................1.19 issued by ENGINEER............................I...3.6.1, 9.5 Final Application for Payment..............................14,12 Final Inspecti oA....................................................14.11 Final Payment — and Acceptance ........ ....................... ..... 14.13-14.14 Prior to, for cash atlovimces..............................11.8 General Provisions.........................................17.3-17.4 General Requirements — definition of.....................................................1.20 principal references to....... ....... 2,6, 6.4, 6.6.6.7.6.24 Giving Notice.........................................................17.1 Guarantee of Work —by CONTRACTOR ........ 6.3% 14.12 Hazard Communication Programs .......................... 6.22 Hazardous Waste— defmition of ........... .......................................... 1-21 general....... .............................. _.................. ..4.5 OWNER's respotsi ity for................................8.10 EJ=. GENERAL CONDITIONS 1910.8 (1990 EDITION) w/ CITY OF FORT COLLIM MODIRCATIONS (REV 9/99) Indemnification ...................... A 12, 6.16, 6.31-6.33 Initially Acceptable Schedules,_, ................ 2.9 Inspection -- Certificates of ..............................9.13.4. 133, 14.12 Final........................................................... 14.11 Article or Paragraph Number Special, required byENGINEFR .........................9.6 Tests and Approval ............... .............$3, 113-13.4 Insurance — Acceptance of, by OWNER ...................... ........ 5.14 Additional, required by changes in the Work .................................... ...... 11.4.5.9 Before starting the Work ..................................... 17 Bondsand --in general * ..........................................5 Cancellation Provisions ......................................5.8 Certificates of ...... ............ Z7, 5,53, 5.4,11, 5.4.13, ,.........545, 5.8, 5.14, 9.114, 14.12 completed t* ions 1.5.4.13 CONTRACTOR's Liability ..................................5.4 CONTRACTOlts objection to coverage .............5.14 Contractual Liability ..................................... 5.4.10 deductible amounts, CONTRACTORs responsibility ................................................5.9 Final Applicaton for Payment ..........................14.12 Licensed Insurers ...............................................5.3 Notice requirements, material changes,,,,,,, 5.8,10.5 Option to Replace . ........................................... 5.14 other special insurances .............................. -....5.10 OWNER as fiduciary for insureds .............. 5.12-5.13 OWNERs Liability ............................................5.5 OWNERs Responsibility .....................................8.5 Partial Utilinticn, Property Insurancq ...............5.15 Property................................................... Receipt and Application of Insurance Proceeds .............................................. 5.12.5.13 Special Insurance ..............................................3.10 Waiver of Rights ..............................................5.11 Intent of Contract Documents .............................. 3.1-3.41 Interpretations and Clarification;,,,,,,,,,,,,,,,,,,,, . I Investigations of physical condition; .......................... 4.2 Labor, Materials and Equipment ..................... .... 0.3-6.5 Lands -- and Easements ................................ .................. l3.4 Availability of ........................................ .... 4.1.8.4 Reports and Tests ...............................................13.4 Laws and Regulations --Laws or Regulations — Bonds........................................................ 5.1-5.2 Changes in the Work......_ ...................... ... _....110.4 Contract Dccruments...........................................3.1 CONTRACTOWs Responsibilities ..................... 6.14 Correction Period, defective Work .................... J3,12 Cost of the Work. taxes ............................... 31.4,5.4 definition of .....................................................1.22 gencral6.14 Indemnification ................ . .............. 6.31-6.33 Insurance ...........................53 Prcccdcnoe. ....... ..................... ........... 3-113.3.3 Reference w __.3.3.1 Safety and Protection ................................ 6.20,132 Subcontractors, Suppliers and Others ........... 6.8-6.11 Article or Paragraph Number Tests and Inspections. ............................ _....13.5 Use of Premises .................................................0.16 Visits to Site. ....................... ...... . ...................... 9.2 Liability Insurance— CONTRACTOIts ............................. .................. 5.4 OVINER!s ..................................... ..................... 5.5 Licensed Sureties and Insurers,,, .............................. 5.3 Liens -- Application for Progress Payment ....................... 142 CONTRACTORs Warranty of Title._ .... ............ 14.3 Final Application for Payment .......................... 14.12 definition of ................ __._ .................... . .. 1.23 Waiver of Claims ............................................ J14A5 Limitations an FNGINEERs authority and responsibilities ..................................................4.13 Limited Reliance by CONTRACTOR Authorized......................................................4.2.2 Maintenance and Operating Manuals -- Final Application for Payment ..........................14.12 Manuals (of others) — Precedence ............................................ _3.3.3.1 Reference to in Contract Documents ..................3.3.1 Materials and equipment -- furnished by CONTRACTOR ..............................6.3 not incorporated in Work ...................................14.2 Materials or equipment--equivalent...........................0.7 Mediation (Optional) ..............................................16.7 Milestones --definition of ....................................... 1.24 Miscellaneous -- Computation of Times,.........___ ................... .... 17.2 Cumulative Remedies ........................................17.4 GivingNotice ....................................................17.1 Notice of Claim .................................................17.3 Professional Fees and Court Costs Includeij ....... 17.5 Multi -prime contracts .................................................7 Not Shown or Indicated ..................... ..... . ......... 4.3.2 Notice of -- Acceptability of Projock ....................................14.13 Award, definition of ......................................... J.25 Claim............................................................ 17.3 Defects.13.1 Differing Subsurface or Physical Conditions,,,,,, :4.2.3 Giving...... ..................................................... J.7.1 Tests and Inspections ........... .................. . ........ J3.3 Variation, Shop Drawing and Sampl; .................027 Notice to Proceed — definition of ............................. . ...................... 1.26 givingof ............................................................23 1310E)CM-NERAL COMNTIONS 1910-8 (IM EDITION) wlaTY OF FORT COLUNS MODIFICATIONS (REV 91M Notification to Surety ..............................................10.5 Observations, by ENGINEER ........................... §.30, 9.2 Occupancy of the Work ..................5.15, 6.30.2.4, 14.10 Omissions or ads by CONTRACTOR ............... 6-9,9.13 Open Peril policy form, Insuramc; ..........................5.6.2 Option to Replace................................. .................. �. 14 Article or Paragraph Number "Or Equal" Items ......................................................6.7 Other work 7 Overtime Work —prohibition of ................................. 6.3 OWNER — Acceptance of defective Work ..........................13.13 appoint an ENGINEER ......................................8.2 as fiduciary .................. ............................ $.12-5.13 Availability of Lands, responsibility .....................4.1 definition of .....................................................1.27 data, furnish .. . ....... .............. '�ve ....... _83 May Correct i5ejecWork ............................13.14 May refuse to make payment .............................14.7 May Stop the Work ............................ _ ........ J3.10 May Suspend Work, Terminate 8.8. 13.10. 15.1-15.4 Payment, make prompt ..................... $3,14.4,14.13 performance of other work .................................. 7.1 permits and licenses, requirement-; ...................6.13 purchased insurance requirements ............... 5.6-5.10 OWNEWs-- Acceptance of the Work .......................... _030.2.5 Change Orders, obligation to execs..._..,.,., 8.6,10.4 Communications ................................................ 8.1 Coordination of the Work 7.4 Disputes, request for decision ............................ 9,11 Inspections, tests and approvals .................. $3,13.4 Liability Insurance, ........... ................................. 5.5 Notice of Defects ..............................................13.1 Representative —During Construction, ENGINEER's Status, .. ..................................9.1 Responsibilities — Asbestos. PCBs, Petroleum. Hazardous Waste or Radioactive Material —'J-10 Change Orders ............................................ 8.6 Changes in the Work ..................................10.1 communications 83 CONTRACTOR's responsibilities ................... 8.9 evidence of financial arrangemontp .............. ?.0 inspections. tests and approvals ..................... A.7 insurance 8.5 lands and casements .....................................8.4 prompt payment by ........................................8.3 replacement of ENGINEER ........................... $2 reportsand tests ..................................... ...... 8.4 stop or suspend Work ................. 8,8, 13.10, 15.1 terminate CONTRACTORs services 8.8, 15.2 separate representative at sit;,,,,,,,,,,,,,,,,,,,,,,, 9.3 testing, independent .........................................13.4 use or occupancy of the Work ... ...................... 5.15.6.30.2.4,14.10 written consent or approval required .........................................9.1.6.3, 11.4 EJCDC CEMMAL CONDMONS 1910.5 (1990 EDITIOR w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) E written notice required ............. ..... 7.1. 9A, 9.11, 11-7, 119.14.7, 15.4 PCBs — definition of.....................................................1.29 general....................................... ...................... 4.5 OWNER'S responsibility for .............................. $10 Partial Utilization — definition of ............................. ....................... 1.28 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 of... ........... 14.4-14.7,14.13 Payments to CONTRACTOR and Completion — Application for ProgressPayments ......................14.2 CONTRACTORS Warranty of Title ...................J4.3 Final Application for Payment.........................14.12 Final Inspection ..............................................14.11 Final Payment and Acceptance, ....... ..... _14.13-14.14 general .......... .. .... ..... ..... .. * ................. $.114 Partial Utilization ... ... ............... 14.10 Rctainagc..........................................................14.2 Review of Applications for Progress Payments.......... 6 ....... prompt Payment .....................................6...........8.3 Schedule of Values ........................................ ... 14.1 Substantial CompleticA ................ ......... 14.8-14.9 Waiver of Claims .............................................14.15 when payments duq ................................ 14.4,14.13 withholding payment..,,,.,,._._ .. ....... ................. 14.7 Performance Bonds ................. 6 ........................... 5.1-5.2 Permits.................................................... 6 ....... >13 Petroleum -- definition of ............................. . ............... ...... 1.30 OWNERs responsibility for ...............................8.10 Physical Conditions — Drawings of in or relating tQ. ........................ 4-2.1.2 ENGINEER'S review .........................................4.2.4 existing structures,...........................................4.2.2 general 4.2.1.2 ...................................................... Notice of Differing Subsurface or, ............. 0 ....... 4.2.3 Possible Contract Documents Change...............125 Possible Price and Times Adjustment§ .............. 4.26 Reports and Drawing? .............................. ....... 4,2.1 Subsurface and ....................................................4.2 Subsurface Conditions ...................................4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized„_-„-_,,,,,,,,,,,,,, 4_2.2 Underground Facilities — general........................................................ 4.3 Not Shown or Indicted ..............................4.3.2 Protection of................0...................... 4.3, 620 Shown or Indicated, ............... ...... __. . ................. 4.3.1 Technical Data ................................................4.7.2 Preconstruction Confereneq ..................... ... . . . ......... 2.8 Preliminary Matters ................................ . . ................. 7 Preliminary Schedulq ........................... ..... .. . ...... 2.6 Premises, Use of ............................ ___ ........ §.16-6.18 Price. Change of Contract..........................................11 Price, Contract —definition of ............ ..................... 1.11 Progress Payment. Applications for ..........................14.2 Progress Payment--rctainagq ...................................14.2 Progress schedule, CONTRACTOR!s .......... 2.9, ................. I ............... 6.6. 6.29, 10.4,15.2.1 Project —definition of ............................................... 1.31 Project Representative— ENGD,TEERs Status During Constructior% ...... _...9_3 Project Representative, Resident —definition of ........ 1.33 prompt payment by OWNER....................................83 Property Insurance — Additional.........................................................5.7 gencra15.6-5. 10 Partial Utilization ................................ 5.15.14.10.2 receipt and application of proce* ............ 5.12-5.13 Protection, Safety and ...... ....................... 6.20.6,21, 13.2 Punchlist ..........................................................14.11 Radioactive Material— gencral4.5 OWNER'S responsibility for ...............................8.10 Recommendation of Payment ................ J4.4,14.5,14.13 Record Documents, ........................................ j6.19,14.12 Records. procedures for maintaining ..........................2.8 Reference Points ....................................................... 4.4 Reference to Standards and Specifications of Technical Societies .........................................3.3 Regulations, Laws and (or) ..................................... 6.14 Rejecting Defective Work .............................. ...... .... 9.6 Related Work — atSite ........................................................ 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review .................... j5.28 Remedies, cumulative ... .................................. 17.4.17.5 Removal or Correction ofDefective Work ................13.11 rental agreements, OWNER approval require4 .... 11.4.5.3 replacement of ENGINEER, by OWNEX ................... t2 Reporting and Resolving Discrepancies................................2.5, 3.3.2, 6.14.2 Reports — and Drawings .................................................4.2.1 and Tests, OWNUes responsibility .......... . .......... 8.4 Resident and Project Representative — definition of ....................................................1.33 EJCDC (MNLRAL CONDITIONS 1910-8 (1990 EDI HON) wl CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Article or Paragraph Number Resident Superintendent, CONTRACTOR'S ............... 6.2 Resporisibilitics— CONTRACTORs-in general ..................................6 ENGINEER's-in general ........................................9 Limitations cin, ............................................ $1.13 OWNFR!s-in general ............................................. 8 Retainage......................................................... _J4.2 Reuse of Docum ants Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal .......................... 0.25 Review of Applications for Progress Payments ..................................... 14.4-14.7 Right to an adjustment ...........................................30.2 Rightsof Way---------------------------- ____ ... ........... 4.1 Royalties, Patent Fees and ...................................... 5.12 Safe Structural Loading .......................................... 15.18 Safety -- and Protection .................... 4.3.2. 6.16, 6. 18, ........... .................. 1-1 ..... 6.20-6.21, 7.2,13.2 general ....................................... ............. §.20-6.23 Representative, CONTRACTOIrs ....................... §.21 Samples— defirtition of .... .................. ................... .......... 1.34 general ..................................................... 0.24-6.28 Review by CONTRACTOR .......... ................... 6.25 Review by ENGINEER......._ . ................... 6.26,6.27 related Work ....................................................4.28 submittal of ............. _ ......... _ ... .................. §.24.2 submittal procedures .........................................0.25 Schedule of progress .............................2.6. 2.8-2.9. 6.6, .. . . . . ..................... .- 6.29,10.4,15.2.1 d Sample an a Drawing Schedule of p Submittals 16,21-2.9, 6.24-6.28 .............................. Schedule of Values ..............................2.6, 2,8-2.9,14.1 Schedules — Adherence to. ................................................. 15-2.1 Adjusting...........................................................0.6 Change of Contract Timm .................................10.4 Initially Acceptable ........ .. . ........................ 18.2.9 Preliminary.................... ................................... 2.6 Scope of Changes ....................................... 10.3-10.4 Subsurface Conditions ........................................ 4.2.1.1 Shop Drawings -- and Samples, general ................................. 6.24-6.28 Change Orders & Applications for Payments, and, ........................................ 9.7-9.9 definition of ......................................................1.35 ENGINEER's approval of ................................. 3.6.2 ENGINEER sresponsibility for review.....................................9.7, 6.24-6.28 related Work ........ ...... . . ................................ 0.28 review procedures ............................... 7.8,6.24-6.28 Article or Paragraph Number submittal required ................... ...... .. ................ j6.24.1 Submittal Procedures..........._ ........................... 6.25 use to approve substitutions .............................. 6.7.3 Shown or Indicated ..................... ............ ............. 4.3.1 Site Access ......................................................R2.13.2 Site Cleandiness ......................................................0.17 Site, Visits to — by ENGINEER ................... ...... .......... 92_ 13.2 byothers ..........................................................13.2 .special causes of loss" policy form, insurance ........................................................5.6.2 definition of .................................................... )._36 Specifications— defination. of ....................................................1.36 of Technical Societies, reference tq..................3.3.1 precedence......................................................3.3.3 Standards and Specifications of Technical Societies ........................................ 33 Starting Construction, Before; ..... _ ....................... 2-5-2.8 Starting the Work ............................ ........................ 7-4 Stop or Suspend Work — by CONTRACTOR ........................... . . ........... 15.5 by OWNER ............................. . ..... �8.9, 13.10,15.1 Storage of materials and equipment .................... 4.1.7.2 Structural Loading, Safety........_ .............................. 6.18 Subcontractor— Concerning................................................b.8 definition of ................. _ ........ ..................... ).37 delays................................ ........................... 12.3 waiver of rights ............................ .................. rx I I Subcontractors --in general ................................. 6.8-6.11 Subcontracts --required provisiom ......... 5.11. 6.11.11.4.3 Subm ittals— Applications for Payment ................................ 14.2 Maintenance and Operation Manual*..............14.12 Procedures ................................. __ .... 0.25 Progress Schedules......................................2.6.2.9 Samples .............................. ....... ............ 6.24-6.28 Schedule of Values .................................... 2.6.14.1 Schedule of Shop Drawings and Samples Subm issions, ............................ __ ... 2.6, 2.8-2.9 Shop Drawings ............. .......................... fi.24-6.28 Substantial Completion — certification of..,.-„ ......................6.30.2.3, 14.8-14.9 definition of.....................................................1.38 Substitute Construction Methods or Procedure*....... 6.7.2 Substitutes and "Or Equal" Items .... ....... ............... 6.7 CONTRACTOR!s Expensq ............................0.7.1.3 ENGINEER's Evaluation 6.7.3 "Or-Equal"................................................... 0.7.1.1 Substitute Construction Methods sui MW OCNMIAL CONDMONS 1910-80990 EDMOM wi aTY OF FORT COLUM MODIFICATIONS (REV 9/99) Article or Paragraph Number or Procedures .............................................5.7.2 Substitute Items ......................................... _§.7.1.2 Subsurface and Physical Conditions — Drawings of, in or relati2g to ............. .......... :1.2.1.2 ENGINEERs Review, ..................................... :4.2.4 general..................................... ................. __,41 Limited Reliance by CONTRACTOR Authorized ..................................... ........... 4.2.2 Notice of Differing Subsurface or Physical Conditions ......................................... 1.2.3 Physical Conditions .......................................4.2.1.2 Possible Contract Documents Changq ............... 4.2.5 Possible Price and Times Adjustments ...............4.2.6 Reports and Drawings ...... __ ..................... ...... 4.2.1 Subsurface and ....................................................4.2 Subsurface Conditions at the Site,.„--,.-,.....-„ 4.2.1.1 Technical Data ........................................ 4.2.2 Supervision— CONTRACTORs responsibility ........................... 15.1 OWNER shall not supervise................................8.9 ENGINEER shall not supervisq ................ 9.2, 9,13.2 Superintendence ...................................................... §.2 Superintendent, CONTRACTOR!s resident„ .............0.2 Supplemental costs ..............................................11.4.5 Supplementary Conditions — definition of ............................. . ...................... J.39 principal references tQ .................1.10, 1. 18, 2.2, 2.7. ....................... 4,Z 43, 5.1. 5.3, 5.4, 5.6-5.9, 5.11. 6,8, 6.13. 7.4, 8.11, 9.3. 9.10 Supplement Docum=4 .........................1.6 1.6 Supplier -- definition of .................. ......................................................1.40 J.40 principal rei�en*ce* ..�7,"'*'65,6.8-6.11,6.20, -- ---- * . ..... * 0.24,9.13,14.12 Waiver of Rights.... ......................................... 011 Surety — consent to final payment ........................ 34.12,1414 ENGINEER has no duty tq ................................9.13 Notification of..................................10.1. 10.5.15.2 qualification of ........... ........... ...... ........ 5.1-5.3 Survival of Obligationk .......................................... §.34 Suspend Work, OWNER May ...................... J3.10,15.1 Suspension of Work and Termination .......................15 CONTRACTOR May Stop Work or Terminate ........................ . .................... J 5.5 OWNER May Suspend 'Work .............................15.1 OWNER May Terminate... ......................... 15.2-15.4 Taxes -Payment by CONTRACTOR . ........................ 0.15 Technical Data -- Limited Reliance by CONTRACTOR ................4.2.2 Possible Price and Times Adjustmenvi .............. 4.2.6 Reports of Differing Subsurface and Physical Conditions ...................................4.2 -3 xiv Temporary construction facilities,___-____.__..__._.,__, 41 Article or Paragraph Number Term ination— by CONTRACTOR ........................................... )5_5 by OWNER ......................................... of ENGINEERs employment ...............................0.2 Suspension of Work-in general ............................. 15 Terms and Adjectives ........................... .. ............... 3A Tests and Inspections -- Access to the Work, by others...-...._ .................13.2 CONTRACTOR!s responsibilities„_--_ ..............13.5 cost of 13.4 covering Work prior to ..... . ................ ...... 13.6-13.7 Laws and Regulations (or) ................................13.5 Notice of Defects ...................... ....... ............... 13.1 OWNER May Stop Work .......... ....... .......... 13.10 OWNER's independent testing ..........................13.4 special, required by ENGINEER ..........................9.6 timely notice required......................................13.4 Uncovering the Work at ENGINEMs request ................. .............................. 13.8-13.9 Times -- Adjusting......... ................................................ 0.6 Change of Contract .............................................12 Computation of ........................ ..... . .... ...... .... 17.2 Contract Times --definition of ........................... J. 12 day...................................... .................. 17.2.2 Milestones.......................................................... )2 Requirements -- appeals._ .......................... __ ....... ..... P-10. 16 clarifications, claims and disputek ................. 9.11, 11.2, 12 Commencement of Contract Times ................2.3 Preconstruction Conferenc............................7.8 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 — definitionof ................................ ............. 41 Not Shown or Indicated ................. . ......... ...... 4.3.2 protection of .............................................. 4.3,6.20 Shown or Indicates{.........................................4.3.1 Unit Price Work — claims......................... . .............................. 11.9.3 definition o(....................................................1.42 general] 1.9, 14.1, 14.5 Unit Prices-- generall 1.3.1 Determination for ............................................. 9.10 Use of Premises ................................ 6.16.6.18, 6.30.2.4 Utility owners,-,„-„.....................0.13.6.20,7.1-7.3,13.2 Utilization. Partial_................128. 5.15. 6.30.2.4, 14.10 Value of the Work ..................................................11.3 Values. Schedule of ....................... -6. 2.8-2.9. 14.1 EXI)C GENERAL COMnONS 1910-8 (IM EDMON) W/ (3TY OF FORT COLUNS MODIFICATIONS (REV 9/99) Variations in Work --Minor Authorized ................................._.... 6.25, 6.27, 9.5 Article or Paragraph Number Visits to Site —by ENGIDTEER................................... 9.2 Waiver of Claims --on Final Payment .....................14.15 Waiver of Rights by insured particg..................5.l 1, 6.11 Warranty and Guarantee, General —by CONTRACTOR................................................0.30 Warranty Of Title, CONTRACTORs........................14.3 Work — Accessto ............ ... ............_...........................13.2 byothers............................................................... 7 Changes in the.....................................................10 Continuing the..................................................6.29 CONTRACTOR May Slap Work or Terminate...............................................15.5 Coordination of, ................................................. 7.4 Cost of the ..............................._................11.4-11.5 definitionof......................................................1.43 neglected by CONTRACTOR............................13.14 otherWork............................._............................ 7 OWNER May Stop Work.................................13.10 OWNER May Suspend Work...................13.10, 15.1 Related, Work at Sitq....................................7.1-7.3 Startingthe ...................................... .................. �A Stopping by CONTRACTOR .............................15.5 Stopping by OWNER.................................15.1-15.4 Variation and deviation authorized minor ........... 3.6 Work Change Directive — claims pursuant to.............................................J0.2 definition of........ ................................................ 1.44 principal references to ...................... 3.5.3. 10.1-10.2 Written Amendment — definition of., .................................................... 1.45 principal references tq..............1.10, 3.5, 5.10,15.12, ......................... .6.2, 6.8.2, 6.19, 10.1, 10A, ...............11.2, 12.1, 13.12.2 14.7.2 Written Clarifications and Interpretations, .................................. 3.6.3.9.4, 9.11 Written Notice Required — by CONTRACTOR............................Z.1, 9.10-9.11, .......................................... 10.4. 11.2, 12.1 by OWNER .....................9.10-9.11, 10.4, 11.2, 13.14 ry EJCI)C GENERAL CONDITIONS 1910-8 (1990 EDITION) wl CITY OF FORT COLLMS MODIFICATIONS (REV 91991 (This page left blank intentionally) xci E1CDC GENERAL COAV nONS 1910.8 (1990 EDMON) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199) Item M Iten Description Estinsted Quantity Unit Unit Price Tabd Price 02.107 15" RCP Storm Drain 7200 LF $66.40 ",780.80 02-108 15' RCP FES 1,00 EACH $444.00 $444.00 02-IM 24' RCP Storm Dram 80.00 LF $86.30 $6,904.Oo 02-129 24" RCP FES 1.00 EACH $70200 $702.00 02-200 Rip Rap D50-9-, Type L Buried Pink Rip Rap 50.00 CY $115.00 $5,750.00 02.306 Concrete Weir Wall For Overflow 54.00 LF $179.00 $9,666.00 02-307 Inlet Type C With Sump And Snout 1.00 EACH $10,900.00 $10,800.00 02-308 Type C Inlet With Onfice Plates To Function As Pond 1.00 EACH $5,740.00 $5,740.00 Outlet Structure 1. Concrete Flatwork Total Price for above F. Storm Drain IOFms $67,667.90 08.302 Concrete Pavement (8" Thick) 17,700.00 SF $7.40 $130,980.00 08-300 Concrete Curb And Gutter 18" Vertical With V Notches 670.00 LF $21.20 $14,204.00 OB-300 Concrete Pad 6" 240.00 SF $7.10 $1,704.00 K. Asphalt Total Paving Price for above 3. Concrete Flatwork Items: $146,888.00 35-110 2 Ft Gravel Shoulder 11" Thick 875.00 LF $6.95 $6,08125 35-110 Gravel Surfacing 11" (Class 5 Agg Base) Temporary 3,000.00 SY $15.30 $15,900.00 Surface For ARemate Paving Areas 47-108 Asphalt Paving Parking Lot Heavy Duty 5" Asphalt/ 6" 4,600.00 SY $30.90 $142,140.00 Class 5 Agg Base 47-150 Asphalt Sweeping For Top Lift 4,700.00 SY $0.18 $846.00 L. Traffic Control Total Price for above K. Asphatt Paving Items $3.94,967.25 00-190 Pavement Marking 1.00 LS $1,940.00 $1,940.00 00-195 One Way / Do Not Enter Signs 2.00 EACH $269.00 $538.01D OD-195 Stop Sign With No Left Tum Sign I.00 EACH $356-00 $356.00 OD-195 Stop Sign 1.00 EACH $269-00 $269.00 00.195 Custom Sign (left Lane Free Site - Etc) 2.00 EACH $331.00 $662.00 6+200 Traffic Control 1.00 LS $3,910.00 $3,910.00 Total Price for above L. Traffic Control Items $7,673.00 N. EkxtrkaL 00-201 Landsicane And Fence Joint Trench Fees To The City Of Fort Collins (al(owance) 1.00 LS $5,950.00 $5,950.00 00-200 Electrical Work 1.00 LS $104,700-00 $104,700.00 OD-300 Install 6 R Chain Link Fence 650.00 LF $22.10 $14,365.00 00-302.1 Entrance And Ebt To Secure Recycle Area 1.00 EACH $10,600.00 $10,600.00 Option For Aluminum Cartilever Gate 30 Ft Wide OD-3022 Entrance And Exit To Secure Recycle Area 1.00 EACH $8,790.00 $8,790.00 Option For Operator For 30 Ft Cantilever Gate Keypad For Entry UL Arid ASTM Compliant 00-304 Main Entrance Gate 1.00 EACH $3,370.00 $3,370.00 30 R Wide Ft Tall Double Drive Gate Painted Steel 00-400 Lanxlscape Arid Irrigation 1.00 LS $78,500.00 $78,500.00 00-500 Allowance For Site Furnishings (bike Racks, Sign 1.00 LS $17,800.00 $17,800.00 Foundation, Art In Public Places, Additional Signs, Etc) 00 305 12 R Double Swing Chain Link Fence Gate 1.00 EACH $974.00 $974.00 O. Conbriacncies Total Price for above / Allowances N. Electrical, Landscape And Fence Items: $24$049.00 00-110 Bond If Required 1.00 LS $9,310.00 $9,310.00 Total Price for above O. Contingencies / Allowances Items: $9,31o.00 Additional Paving Areas Total Bee Bid Price: $905,573.00 Into mod Recycle Acllky Age 2 of 3 GENERAL COMMONS ARTICLE I —DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof 1.1. Addenda --Written or graphic instmments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents 1.2. Agreement—•I'hc written contract between OWNER end CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and mace a part thereof as provided therein. 1.3. A lication for Payment —The form accepted by ENGINEER which is to he used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as % required by the Contract Documents. 1 A. Asbestos --Arty 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 otTer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 16. Bidib'ng 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 advertisement or invitation to Bid. instructions to bidders, and the Bid form. 1.8. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Omer —A document recommenced by ENGINEEIR which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement 1.10. Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONfRACfOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Boras. these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the E1CDC OFT'ERAL CONDITIONS 191" (1990 E(Itim) wl aTY Or FORT COLLINS MODIFICATIONS (REV A2000) same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives. Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to peragraphs3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4 2.1 and 4.2.2 are not Contract Documents, 1.11. Contracl Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.9.1 in the case of Unit price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (t) to achieve Substantial Completion, and (it) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of finial payment in accordance with paragraph 14.13. 1.13. CONTRACTOR --The person, firm or corporation with whom OWNER has entered into the AgrecntenL 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract 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 paragraph 14.8 or 14.10). 1.15. Drawings --The drawings which show the scope, extent am] character of the Work to be furnished and performed by CONTRACTOR and which leivc been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined 1.16. Effective Dare of tJte Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last or the two parties to sign and deliver. 1.17. ENGINEER —The person, firm or corporation named as such in the Agreement. 1.18. ENGINEER's Consultant —A person, firm or corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order --A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1.20. General Requirements —Sections of Division I of the Specifications. 1.21. Hazardors Wrote —The term Hazardous Wasic shell have the meaning provided in Section 1004 of the Solid Waste Disposal Ad (42 USC Section 6903) as amended from time to time. 1 2.a. Laaw 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 having jurisdiction. 1.221. Lmal Holidays--shall be those holidays observed by the City of Fort Collins. 123. Liens —Liens, charges, suauity interests or encumbrances upon real property or personal property. 1.24. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice ofAward—A written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) 6>drg the date on which the Contract Times will commence to run and onwhich CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents 1.27, OWATR—The public body or authority. corporation, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided 1.28. Partial Ulilim ion —Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work 1.29. PCBs —Polychlorinated hiphenyls. 130. Petroleum --Petroleum. including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil oil sludge, oil refuse. gasoline, kerosene and oil mixed with other ram-Iazardous Wastes and crude oils 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32.a. Radioactive Material —Source, special nuclear, or b),prodtct material as defined by the Atomic Energy Act of EJCDC OENbT,& CONDITIONS 1910.8 0"O E(6tion) wi CITY OF FORT COtd.INS MODIFICATIONS (REV 42000) 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.32.b. Regular Working Hours -Regular working hours we defined as 7:00am to 6:00rm unless otherwise specified in the General Requirements. 1.33. Resident Project Representative —The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples —Physical c=ples of materials, equipment, or workmanship that are representative of some portion of the Won} and which establish the standards by which such portion of the Work will be judged 1.35, Shop Drawings —All drawings, diagrams• illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications Those portions of the 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. Subcontractor —An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion —The Work (or a specified pan thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion• it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof 1.39. Supplementary Conditions —The part of the Contract Documents 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 to famish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.41. Undergrorord Facilities. —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communicatiotts, cable television, sewage and drainage removal traffic or other control systems or water. 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 performing or furnishing services and furnishing documents, all as required by the Contract Documents 1.44. Work Change Direcove-A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an additia, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in pntagraph4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Tunes as provided in paragraph 10.2. 1.45. Written Anzenebnenr--.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 nonenguncering or nontechnical rather than strictly construction -related aspects of the Contract Documents. ARTICLE 2-PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies ojDocumva& 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction Commencement ofConbact Taus; Notice to Proceed 23. The Contract Times will commence to tom on the thirtieth day after the Effective Date of the Agreement, or, EKDC OEWAAL CONDITIONS 1910-8 (1990 Emtioa) w/ CITY OF FORT COLIINS MODIFICATIONS IiEV 411000) if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within sh rty days afta the Effective Date of the n„_,_..., T:....... of 13ud-opening or -the -thirtieth -day after -the Effective -Date of -the -Agrean ent,-whicfmva-&te-isaewlier: Slanting the Wark: 2.4 CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run Before Starting Con=ction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertWent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written intaprelation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known thereof 2.6, Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various sages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal add the times for submitting, reviewing and processing such submittal; 2.62.1, in no case will a schedule be accc ble 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 parts in sufficient detail to serve as the basis for progress payments during construction Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.7. Before any Work at the site is started. CONTRACTOR and O;WiE!2 shall eaeh deliver to the ether OWNER. with copies to identified -in- the -Suppementm3-Conditions ENGRvBF.R certificates of insurance (and other evidence of insurance reusene regucsted by OWNER) which CONTRA is required to purchase and maintain in accordance with paragraphs 5.4.4.6erA". Preconstrudion Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules relented to in paragraph 2.6, procedures for handling Shop Drawings and other submittals processing Applications for Payment and maintaining required records. laitlally Acceptable Schedules.• 2.9. Unless otherwise provided in the Contract Documents, at least ben days befaft subm ission of the fff before any work at the site begins. a conference attended by CONTRACTOR, ENGINEER and others as desi t� a by OWNER will be held to rwicw oaf a aaptab lily to ENGINEER as provided below the schedules submitted in accordance with paragraph2.6. and ivision 1 - Genefal Reauiremeja CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until tho schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility 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 forth and substance. ARTICLE 3--CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE intent 3.1. The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be consmtrcd in accordance with the law of the place of the Project. 32 It is the intent of the Contract Documents to E1CDC OEMYLAL CONDITIONS 19104 (1"0 Ednim) WICITY OF FORT COLid NS MODIFICATIONS (REV 4/2000) describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custum or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words 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 shall be issued b%, ENGINEER as provided in paragraph 9.4. 33. Reference to Standards and Specifications of Technical Societies; Reporting and Remahing 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 latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents, 3.3.2. If during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or tale or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at arse, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has boon issued by one of the methods indicated in pztmgraph 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 specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6. the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 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, consultants, agents or employees from those set forth in the Contract Documents, nor shall it be cBeetive to assign to OWNER, ENGINEER or any of ENGiNEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the g=ts of paragraph 9.13 or any other provision of the t Documents. 3.4. Whenever in the Contract Documents the terms "as ordered" "as directed", "as required", "as allowed" "as approved" or terms of like effect or import are used, or the adjectives "reasonable', "suitable', "acceptable". "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise)_ The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.13 or arty 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 recisions in the Work or to modify the terms and conditions thereof in one or more of the following ways. 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or VCDC OV4U AL CONDITIOM 1910-8 (IM Eativn) w/ CITY OF FORT COLD M MODIFICATIONS MEV 420W) 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Wort: may he authorized, in one or more of the following ways: 3.6.1. AField Order (pursuant to paragraph 9.51 3.6.2. ENGIN�s approval of a Shop Drawing or Sample (piusuard to paragraphs 6.26 and 6.27), or 3.6.3. ENGLNEER's written interpretation or clarification (pursuant to paragraph 9A). Reuse ofDocumenis 3.7. CONTRACTOR and any Subcontractor or ni Supplier or other person or orgazetion performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any tide to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or FNGiNEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER ARTICLE 4-AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availability ofLanda: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed rights -of -way and easements for access thereto, and such other lands which are designated for the use ofCONTRACIOR Uoxrraosotneblewr-ittmtacltesh 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 it performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights -of - way or easements, CONTRACTOR may make a claim therefor as provided in Articles I and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4..2. Subsurface and Physical Conditions: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of 4.2.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents, and 2_.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 4.22. Limited Relimrce by C0NTR4CT0R Aathohzek Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data", CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 422.1. the completeness of such repots and drawings 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 precaution and programs incident thereto, or 4.12.2. other data, nderpretatiou, opinions and information contained in such reports or shown or indicated in such drawings, or 4.22.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data. interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Conditions: if CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either 423.1. 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 4.22 is materially inaccurate, or 423.2. is of such a ratttre as to require a change in the Contract Documents, or 4.2.33. differs materially from that shown or EJCDC OEM AL CONDMOM419105(1990 F.&IM) wJ CITY OF FORT COLLIM MODIFICATIONS ptEY 4r2000) indicated in the Contact Documents, or 4.23.4. 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 Documents: then CONTRACTOR shall, preraptl} jmrwe-& dly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.231 notify OWNER and ENGINEER in writing about such condition CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGiNEER's findings and conclusions. 4.2.5, Possible Contract Documents Change: if ENGINEER concludes that a change in the Contract Documens is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3. a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Times A*ustments: An equitable adjustment in the Contract Price or in the Contract Timm or both. will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or decrease in CONTRACfOR's cost t of, or time required for performance o[ the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 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 authonzation of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unfit Price Basis. any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9. and 4.2.6.4. CONTRACTOR shall not be entitled to arry adjustment in the Contract Price or Times if,, 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract, or 426.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examinaticrl, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACIOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.23. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not he liable to CONTRACTOR for any claims, teats, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Pk-sical Conrfrdons—Ifnderground Facilities: 4.3.1. Sho+m orindcare& The information and data shown or indicated in the Contract Documents with respect to c^usting 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 CONTRACTOR shall have full responsibility for. (i) reviewing and checking all such Information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents,(iu) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph620 and repairing any damage thereto resulting from the Work. 4.32. Not Shorn or Indicated.• If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing conditions affected thereby or (Jerforming any Work in connection therewith (except in an emergency as required by paragraph6.23). identify the owner of such Underground Facility and EJCDC OENERAL CONDITIONS 1910-8 (19n Edinim) wl CITY OF FORT COLLINS MODIFICATIONS QiEV 417000) give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review the Underground Facility and determine 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 Documents is required, a Wok Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such consequences. During such Lune. CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in pamgmph 620. CONTRACTOR stall may be allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CONTRACTOR slid not know of and could not reasonably have been expected to be aware of or to have anticipated If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times. CONTRACTOR may make a claim therefor as provided in Articles 1 I and 12. However, OWNER, ENGINEER and ENGINEER'S Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. 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 charges or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference pout 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. Asbestos, PCBs, Petroleums, hazardous Waste or Ralioadwe 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 Specifications cr identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the Site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible. 4 $5 2—CONTRACTOR-shall immediately -(+)ste ell s raitiee-in-wnu :�31V1,4ER-shall- frompdy eomult-with-ENGINERewncerning-themewstly for OWNER-4o-retain-a -qualified-expert-toevaluate -such f-any, GON4-RACTOR-3hall-n xdrregtrued-tu resume-Wirk iA-s�aestion-with MIGh Affe"ell$ anwefllrired jremrits-related-thereto--and-delivered-to that :ueh-cerditiorrandeny ffeeted wm-+s-or-has-baen CONTRA.yi-roRetiru -egrEe-9s_tu-an'�i r t f ti, Wark-stoppage-or-suerspecial eenditions. under -which N'I'RACTOR to be fesu"ied CONTRACTOR does not agree torresu me-suo"ork o8lee to o mAitior>5;-then-F}LI�FkR-rnay rder-etch-Paniten-ef isWar], If O'ArAi1 R and c01NTRM TOR ea.vlm agree as -to enutlemem-tour-the amount oraatent-of-an either-party-mfly-male,+aflautt-iherafaaS-prowdec#an portion -of -the-4 ork-pefformed-by-OW14ERs--own forse6orotliersvraccerdertce�vithAttide-� 4.5.4. To the tallesttors end Regulations, {3WT.TER-sMl �ntdantrtily -trod Fmld harialess— - ---CONTRACT OR4--Subeaxtttctom of6cersc diraetors,--employees.—agents:---other <xxuulwnts-and-eubwntra0tcss-of---scout-and-any-a>f them -from anal -against -all claims; eosta;--losses-and damages arising -out-of-or- resulting--front—such henudaussenditiori:-previtlucl-lhu 44)-9ny-suchelaim, Cost-doss-of-clemage-is-auribulable-to bodily -injury; Fy to or des;wjaia of tangible 4nck+ding--thr-loss-of-usn-rnsullang-therefrom; -erd (di}.nothing-in-this- subparagraph -4.5:4 shall -obligate OWNER to vdernnily..any person -or --entity- from -and own negligence: 4 5 3 Tile Provisions of .,......._ phs 4.2 and n ] .,. relearn; eactive-Ma al-ureov�eFed or-revanleet aF the lira: EJCDC GENaZAL CONDITIONS 1910-9 (1990 Edilim) w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) Aar CLE S-DOMS Arm INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall famish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise b}} Taws or Contract Regulations or by the Doo:umcnts. CONTRACTOR shall also furnish such other Bonds as arc required by the Supplementary Conditions, All Bonds shall be in the form prescribed by the Contract Documents except 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 Accepmble Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must he 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 terminated in any slate where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licensed Sureties and Insurers; Cerrifeonres of Insurance: 5.3.1. All Bands and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditiow, certificates of insurance (and uther evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. OWNER -skald additional -insured-identified=he SUp�ementery fir -any -oche; d.it . required-io-purvhasrandtneintaui-inasurdenae-wink paragraphs-5-6 and 5-Thereof CONTRA CTOR's LiabiSry Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and famished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documems, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectlyy 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: 5.4.1. claims under workers' compensation disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bod l injury, occupational sickness or disease, or ath of CONTRACTOR's employees; 5.43. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 344.-claims--for -damages -insured-by-custcmary offem El OF naeara-cif-saw"-perseii-by ether fe"M 5.4.5. claims for damages, other than to the Work itself; because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any persona 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 insureds (subject to any customary exclusion in respect of professional liability), OWNER. ENGINEh1t, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditiom, 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 than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater, 5.4.9. include completed operations irtswancc; EJCDC OE 4ERAL CONDIMONS 1910-8 (1990 E�dtionl) wJ CITY Or FORT COLLINS MODIFICATIONS MW �. 42(a0) 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligatic s under paragraphs 6.12. 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional inured identified in the Supplementary Conditions to wham a certificate of insurance has been issued (and the certificates of insurance famished by the CONTRACTOR pursuant to paragraph 5.3 2 will so provide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting. removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions to wham a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWIVER's Liability Insurance: 5.5. Tn addition to insurance required to be provided by CONTRACTOR under paragraph5.4, OWNER, at OWNER's option. may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Comma Documents. Properly Insurance: S6 Unlem-LAherwise-provided-in-the-Supplementary Conditions —OWNER --shall parchase astd-tnaimain of -the full teplacelttsai-c�#�heraaf-(sut+jecF�eittch deductible -amounts-es-aney-Fae�rev ideA--at-$ae Supplementary--C-onelilions-ern-xquired-by--Lawn-rand kegulaiieas)�his..ittwrancr�shaFl 54.1—iracktdo..-- -the —interests-of—OWNER-, subeamr T�A�f TT1]I_ A _ .1♦ ♦ _a �L _ entiti,3 ridantifaad-in-the-Suppkvnentery--C-(wA Boras; each of -whom is —deemed —to, have aminscrcable-iratzrrat and -dvall-be- listed as-an-vsared-0r-udditiona6inurad; 3:6.-2-be-written--on$ Buildees-Risk='all-aisle!-or and Work the--fallowvng perils:n ara�a coverage.-thafi:-vandalisni-aril-malicious-tnischiaf Ws _eand .. . _-. irxurred-i27-- repair-vr replaoem*A-of-any-irteurad-property-(-including-but-riot charges ef erigineiwq an,] erehitoaL9} at the-50 or-at-mead-loeation thatavas-e�eed�o-inivriring lw Ovided-that-S1tcJtmaterielstwdeq�eipment hav-e-bean mnxnded b) . F�b rF and 5.6.5. be .„_:_..,:ned :_ ..�av6't •••••-mms�marr "I pe�`meril-Lti -W/sting .h:..,� y dcya- written T additional nee has keen issued. pttrehase--and maintain -such boiler and-maehitiery-ansarexse-c>r-additiEwtel-pratxrty-insarenca as may be fequired-by the Supplementary Conditiom or at Vass an etia� +V 2AA4 th.. (.. Y.1'-:....4':.........w.... _.3 he eeni'itirteyef qui t- __ . ivtaed-and maintained by OW'NTM in-accordertee-with paragraphs 5,0 COYemge-a3�Drdad--Will-iTOt-ba -0an6eliad--Or-illaiMlal IY cltefged-or-renewal-refused-umil at-leas4dhiiay-days' }irictt written-netwe-fms---beerr-gives---to-9WNER---and G�FFRAGTGR and to each Aff additional inured -to whom ee4irwete-of-tasumnoe4w,been-iseuad and will coatain-waiver-provisiom--in--accordance with raffigmh M 4- 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR. Subcontractors or others in ,her Werlt to the a4ient�af y dtl ikla etnounts tMnart identified -in th"upplementafy-Cordlitiom.-The-risk of rwd-deductible mount, will -1 esa,u w t,.. Cnw*•r� �n�n,Ti abaEMtirBti OF t tll�'^... W$etii#,''91'ti` such-krs and .-if ..any ..of- them - wishes -property --insurance coverage-within--the-limits - oC -such-amawnls, each-may }MFIEI}iaSeilrafHianilatn-1}9ttlaFparfllHSet'6-Qwntlh'ptlnStl. r /G/l\fTrf }8— lno-vr�xnvlvxva�-FEQt1taL9-ai--wrt twtl nd- w-east flux y�ppropr+ate Change-L�rder�x- :v.:»•, ..••^,�tne.t---prier--to E1CUC GENERAL. Comnom 191" (1990 Edtim) 10 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000) cslamencement-ofthe Werk at -the siWOWNER-shall in 5-N 1 9i PFERandCONTRAGT@k4ritendthat-all polioiespws}tesad in$cssrdertce-wiUl-pacsgrephs-3:6 Subcontractors,--&NG&F&EF� `'--n;Gl«m insureds-or-ndditional-itmretk-in-such-policies and damages caused -by -the perils covered-therehy---All Preov Siena to the effeet that ._ a r eflit ._ ,...r ..... I,..... __ a......._.. inA1i 4he-visor tional ins ue n leg: FAR and--C{a?1TRAGTOR waive all TiVitaq directors;-emF,'^. ees and agents for _ll Irises -and in-addiri(n waive-all-sueh rightv--eninst Cor>sukants and -all otherparsonsor-am4ties identirW payable under -any -policy so issued again,t-6'A1V'FiifiC-T'9RSakwntraaors� ofGaers �iresters -employees-erns-Agenrs-of-any-of theta; -far` of-ttse- or- -other - consaquem �l�ass-e�7artding beyond-direct-physical--bss �tr-damage-to arising ot�tof or resttltirig &e-breoF-other peril: whetluir-0r•natimurad-by-ElW'NER; and env k fair _lathe akeltmt Myffiefil, Of S01� consequential-los;�-the- insurers-will-hw"��s--0f Itett O Item Description Estimated Quantity Unit Unit Price Total Price 47-108 Asphalt Paving Parking lot Heavy Duty 5" Asphalt / 6' 3,000.00 SY $3C.70 $92,100.00 Class 5 Agg Base 35-110 Gravel Surfacing 11' (Class 5 Agg Base) Temporary -3,000.00 SY $15.30 ($45,900.00) Surface For Alienate nate Paving Areas _ Total Price for above Additional Paving Areas Items: "6,200.00 Fencing Alternates 00-304.1 Main Entrance Gate 1.00 EACH $7,230.00 $7,230.00 Option For Operator Keypad Entry Ul And ASTM Compliant Total Price for above Fencing Alternates Items $7AMOD Total Alternate Price: i$53,430.00 Notes: • Pricing is based upon infonnanon provided by lntenvest and City of fortcollins, estimate Is based on 0ipley design plats dated 6-17-2015, and civil plans by intewest dated 6/17/15. • The following are excluded turn Ns proposal: Engineering; Warrantee period in excess or two years; Pamlts: including but not limped to, dry building, development construction; Fees, Including but not limited to, for development, Inspection, utility connection, meters, etc.; Prairie dog removal, rdaation, or extermination. • Pavement Drainage less than 13% designed or obtainable fall wgl not be guaranteed. • Material prices for pipeline Items are guaranteed for a period of 30 days from the date shovm on the top of this quote. After 30 days the material prices may change the unit prices quilted. • Frost removal or winter protection is not included. If requested, it well be billed either on a time and material basis or a lump sum amount that is mutually agreed upon. • Environmental site assessment / mitigation of hazardous or contaminated materials is excluded. Treatment or tailing for contaminated gnoundwater is speofically excluded. Integrated Recycle Fmility Page 3 of 3 recovery-againa-arty of -CONTRACTOR. Wbcauraaors; P4GPA;1iP' and !be 8[56efs, Receipt and.4ppfication of insurance Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to 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 shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach If no other special agreement is reached the damaged Work steal I be repaired or replaced the moneys so re zived cep lied on account thereof and the Work and the cost the covcral by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle arty 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 adjust and settle the loss with the insurers --, .� - - - -rid-for--the Acceptance ofHondc and Insurance,• Option to Replace: 5.14. IfOr"OWNER has any objection to the coverage afforded by or other provisions of the Bonds -or insurance required to be purchased and maintained by the ether --ply CONTRACTOR in accordance with Article 5 of thebes of non-conformance with the Contract Documents, the objeetir>gyer4y a}mil so-noti{ytheotherperty OWNER will t) _4 CONTRACTOR in writing within ten ftt?e�p days after reoeipt delivery of the certificates (or -outer -evidence requested) 19 R_as required by paragraph 2.7. other-suslradditftatalirt£ctrtttetiaF-irF3espact-o€-irtsitratise pr<wHteHl--xs-ihxsther-rtwy-raasorist+ty-raajuest,—rTroithar party -does -not 13urchase or maintain sll-of- the --Ban&-and insumm6- required - of-- such -party-by- the -Corttrw writing -of -such -failure to purchase prior to the scan of the Work, OF OfsurJa-Coiluru-k}maintasn-prier-to-any-<i#xaraga in iFhouF-prejadiceto-any-etlwr-ripkl or-remedy,-Stec-other--party-may-elect 4o-obtain+ quivaleat Bondsorimsurarsco to proteet-such ether-party's interests at the expense -of the party who was required to provide such reverage, and a Change r-shaNbn-issued-toxdjust-the Contract -Pr eteocad roy: Partial U6fiwtion—Prapertp Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or potions of the Work prior to Substantial EXI)COENERAL CONDIMOM 1910$ (1vao Eatim) w•! CITY OF FORT COLU M MODIFICATIONS OLEV 42aaa) Completion of all the Work, such use or occupancy, may be accomplished in accordance with paragraph 14.1Q,, Cvided that no such use or occupancy shall commence ore the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE: 6-CONTRACTOR'S RESPONSLKLITM S4epend,don and Superiettendence: 6.1. CONTRACTOR shall supervise inspect and direct the Wok competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, tediniquees, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific meant, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to sec that the completed Work complies 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 to OWNER and ENGINEER except under extraordinary circumstantces. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act an behalf of CONTRACTOR All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 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 Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWI�ER's written conserit given after prior written notice to ENGINEER. CONTRACTOR shall submit requests to the ING)NEER no less than 48 hours in advance of any Work to be pedormed on Saturday. Sunday. Holidays or outside the Recrilar Working Hans. nl 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, epnstruction 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. 6.4.1. Purchasing Restrictions: CONTRACTOR must comply with the City's purchasing restrictions. A copy of the resolutions are available for review in the offices of the Purchasing, eruct Risk Management Division or the City Clerk's office. 6.4.2. Cement Restrictions: Ciry of Fort Collins Resolution 91-121 requires that suooliers and producers of cement or pgocLucts containing cement to certify that the oement wes not made in cement kilns that bum hazardous waste as a fuel. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the bencrn of OWNER If required by ENGINEER CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1, CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paregmph2.9) proposed adjustments in the progress schedule that will not charge the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.62. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substiiutesand "Or-Equal"Items: 6.7.1. Whenever an item of material or equipment is specified m described in the Contract Documents 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 description EJCDC GENERA[. COMMONS 1910.8 (1990 Erblim) 12 w! CITY OF FORT COLD M MODll7CATIONS Qt -V 42000) contains or is followed by words reading that no like. equivalent or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 6.7.1.1. "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 ENGINEER as an "or al" 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. Substihtte Items: If in ENGINEERs sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGIlIEER will include the following as supplemimted in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to famish or use a substitute item of material or equipment. CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results 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 an time, whether or not acceptance of the substitute for use an the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated The application will also contain an itemizcd estimate of all costs or credits that will result directly or indirectly from acceptance of such subsitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be CONTRACTOR shall perform not less than 20 considered by ENGINEER in evaluating the pxCcent oC the_Wak ytith_ its own forces (thatis substitute. ENGINEER may requue without subcontractin¢l. The 20 oercatt requirement Cclosed ONTRACTOR to furnish additional der a about shall be understood to refer to the Work the value of the proposed substitute. which totals not less than 20 pacerd of the Contras Price. 6.7.1.3. CONTRACTOR's Expense: All data to be provided by CONTRACTOR in support of any 6.52. lithe-upplemeraory Gonditiorss Bidding Proposed "or -equal" or substitute item will be at Documents require the identity of certain CONTRACTOR's expanse. Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the 6.7.2. Substitute Consbuchon Methods or principal items of materials or equipment) to be Procedures: If a ss�peciftc means, method, technique, submitted to OWNER in-�advanoe-af-the�voified sequence or procedure of construction is shown or date prior to the Effective Date of the Agreement for indicated in and e\Zrmly required by the Contract acceptance by OWNER and ENGINEER and -if Documents, CONTRACTOR may famish or utilize a G(4NT 6,GT0D t--_ _.,atoned _ 44 theFeer in substitute means, method technique, sequence or procedure of construction acceptable to ENGINEER. OWNFR's or ENGINEfiR's acceptance (either in CONTRACTOR shall submit sufficient information to writing or by failing to make written objection thereto allow b'NGINfifiR in ENGINE.-R's sole discretion, to by the date indicated for acceptance or objection in determine that the substitute proposed is equivalent to the bidding documents or the Contract Documents) of that expressly called for by the Contract Documents. a lien-or-edrar--person-�,r The procedure for review by ENGINEER will be go t.he similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be acceptable --sal» tuts—t}te -£opera t—Friee-will—be allowed a reasonable time within which to evaluate adjustedtJte%iff�renae in the cast aeonsioned by each proposal or submittal made pursuant to such substitution- and -an-appropriate-Qange�rder paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the IN sole judge of acceptability. No -or-equal, or constitute a conditi n of the Contract re the substitute will be ordered, installed or utilized without use of"U named subcontractors. suppliers or other ENGINEER's prior written acceptance which will be persons or organization on the Work unless prior evidenced by either a Change Order or an approved written aotroval is obtained from OWNER and Shop Drawing. OWNER may require ENGINEER No acceptance by OWNER or CONTRACTOR to famish at CONTRACTOR's ENGINEER of any such Subcontractor, Supplier or expense a special performance guarantee or other other person or organization spell constitttta a waiver surety with respect to any "orcqual" or substitute. of any tight of OWNER or ENGINEER to reject ENGINEER will record time required by defectNe Work. ENGINEER and ENGINEEIYs Consultants in evaluating substitutes proposed or submitted by 6.9. CONTRACTOR pursuant to paragraphs 6.7.12 and 6.7.2 rend in making changes in the Contract 6.9.1. CONTRACTOR shall be fully responsible to Documents (or in the provisions of any other direct OWNER and ENGINEER for all acts and omission contract with OWNER for work on the Project) of the Subcontractors, Suppliers and other persons occasioned thereby. Whether or not ENGINEER and organizations performing or furnishing any of the accepts a substitute item so proposed or submitted by Work under a direct or indirect contract with CONTRACTOR CONTRACTOR shall reimburse CONTRACTOR just as CONTRACTOR is OWNER for the charges of ENGINEER and resp(msible for CONTRACTOR's own acts and ENG1NE&it's Consultants for evaluating each such omissions. Nothing in the Contract Documents shall proposed substitute item. create for the benefit of any such Subcontractor. Supplier or other person or organization any 6_& Concerning Subcontmetan, Supphers and oontractual relationship between OWNER or Others: ENGINEER and arty such Subcontractor, Supplier or outer person ct organization, nor shall it create any 6.8.1. CONTRACTOR shall not employ any obligation on the part of OWNER or ENGINEER to Subcontractor, Supplier cr other person or organization pay or to see to the payment of any moneys due any (including those acceptable to OWNER and such Subcontractor, Supplier or other person or ENGINEER as indicated in paragraph 6.8.2whether ogartieation except as may otherwise be required by initially or as a substitute, against µhorn OWNER or Laws and Regulations. OWNER or ENGINEER may ENGINEER may have reasonable objection. furnish to any subcontractor, supplier or other person CONTRACTOR shall not be required to employ any or organization evidence of amounts paid to Subcontractor, Supplier o r other person or organization CONTRACTOR in accordance with to furnish or perform any of the Work against whom CONTRACTORS "Awliications for Pavmrat". CONTRACTOR has reasonable objection. EJCDC OENMAL CONDITIONS 191" (1990 Edlim) 13 w•/CITY OF FORT MLL INS MODIFICATIONS (ItLV 412000) 6.92. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors. Suppliers and other persons and organizations performing or Furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the Walt to communicate with the ENGINEER through CONTRACTOR 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall net control CONTRACTOR in dividing ife Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER Whenever additianal e-prgierty irmftnee-provided-in CONTRACTOR and the Subcontractor -or -Supplier -will ..11 _:._M., l,ll IA;ER MAST V AGTOR I -Fort cr c pert} rr+surariBe appl ealmlrto unsarers-an-en}--such-"policies-require eenTreew or ,tty stib Parent Fees and Roycalt les 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGTNEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations. CONTRACTOR shall indemnify and hold harntleas OWMjR, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, cats, losses and damages arising out of or resulting from any infringement of patent rights or co yrighas incident to the use inthe performance of the Work or resulting from the incorporation in the Work of any invention design, process, product or device not specified in the Contract Documerds EJCDC OEW.RAL CONDITIONS 1910-8 0990sdtimt 14 wl CI FY OF FORT" COLLINS MODIFICATIONS (REV 42000) Permits: 6.13. Unless otherwise provided in the Su lementary Conditions, CONTRACTOR shall obta n and pxy Cor all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of operirg of Bits, or, if there are no Bids, an 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, LamandReguladons: 6.14.1. CONTRACTOR shall give all notices and comply with all lass and Regulations applicable to futmshing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resrdti% therefrom; hcAvever, it shal I not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings arc in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2. Taxes 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar lazes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 615.1. OWNER is exempt from Colorado State and Local sales -and use taxes on materials to be Permanent]]- inc rated into the rpro ect. Said takes shall not be included in the Contract Price. Address: Colorado Department of Revenue State Capital Annex 1375 Sherman Street Deaver. Colorado, 80261 Sales and Use Taxes for the State of Colorado, Regional Transportation District (RTD) and certain Colorado counties are collected by the State of Colorado and are included in the Certification of Exemption - All armlicable Sales and Use Takes (including State collected taxes). on env items other than construction and buildirm materialsph�sically incorporated into the projmt are to he paid Ica CONTRACTOR and are to be included in aoarooriaw bid items. Use of Premises. 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of --way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occuyant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR shall, to the fullest orient permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGINEER, EN(aINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such corer or occupant against OWNER ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materiels, rubbish and other debris resulting from the Work At the completion of the Wort: CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work CONTRACTOR shall restore to origiml condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents VCDC GENERAL CONDITIONS 191M 0999E brio) we ary or roeT COLu Ins naoDU ICATIONS (REV 4c000) 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments. Change Orders. Work Change Directives, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in goad 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 foal pavrn these record documents. Samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be respoesible for initiating, maintaining and supervising all safety precautions and programs in correction with the Wok. CONTRACTOR shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6,20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONIRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, in ury or loss to any property referred to in paragraphs 6. 0.2 or 6.20.3 caused directly or indirectly, in whole or in Pam by CONTRACTOR any Subcontractor, Supplier or any other 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, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a 15 notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 621. Safety Represeneaeve: CONTRACTOR shall designate a qualified and experienced safety representative at the site whose duties and respottstbilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. HauvdCrnnatunication Programs: 6.22. CONTRACTOR shall be responsible for eoeadinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations Fmergencies: 6.23. In emergencies affecting the safety or protection of persons or the Wok 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 ENGhNERR prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action 6.0 Shop Drawings and Samples: 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 Drawing will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 624.2 CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Dmwings and Sample submittals. Each Sample will be identified dearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited FJCDC GENERAL CONDITIONS 1910-8 (1990 EMM) 16 col CITY OF FORT COLLINS MODIFICATIONS (REV 412000) purposes required by paragraph6.26. The numbers of each Sample to be submitted will be as specified in the Specifications. 6.25 Submillai Pracedurrs: 6.25.1. Before submitting each Shop Drawing or Sample. CONTRACTOR shall iove determined and verified: 6.25.1.1all field measurements, quantities, dimensions, specified performance criteria. installation requirements, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shippppinng, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.13. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Wort and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligation 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 Slop 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, alter 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 extend to morns, methods, technique.-, sequences or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a sepazate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall rerun 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 fur by ENGINEER on previous submittals. 627. 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 to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval. nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawing and Sample submissions accepted by ENGINEER as required by paragraph 2.9. any related Work performed }rho to ENGINEER'S review and approval of the pertinent suhrt coal will be at the sole expense and responsibility of CONTRACTOR Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRACTOR may otherwise agree in writing 630. CONMICTOR's General Warranty and Guarantee: 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: 630.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR Subcontractors or Suppliers; or 630.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in EJCDC GENERAL CONDITIONS 191" It 990 Edtiw) w/ CITY OF FORT COLLINS MODIFICATIONS OLEV 42000) accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2 2. recommendation of any progress or final payment by ENGINEER. 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any pan thereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER indemuifneation: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER ENGINEERS Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution casts) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, pas or damage: (i) is attributable to bodily injury, sickness. disease or death, or to injury to or destruction of tangible property (other than the Work itselo, including the loss of use resulting therefrom. and (6) is caused in whole or in pan by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not mused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, offioers. &colors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR any Subcontractor, any Supplier, arty person or organization directly or indirectly employed by 17 any of them to perform or furnish any of the Work or anyone for whose acts any of than may be liable, the indemnification obligation under paragraph6.31 shall not be limited in any way by any limrlauon 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 nets, disability benefit acts or other employee benefit acts. 633. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGDTEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. SWmval of Obhgaamm 6.34. All representations, indemnifications, warranties and guararmees made in. required by or grvcn in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, wil survive final payment, completion and acceptance of the Work ard termination or completion of the Agreement. ARTICLE7-OTFffit WORK ReWed Work at Sire. 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 similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work and (b) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expanse to CONTRACTOR or requires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and 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 opportunity 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 skrell 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 arty 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 affected. The duties and rcq�amstbilitics of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable EJCDC GENERAL CONDITIONS 19105 (1990 E&WO 18 col CITY OF FORT COLLINS MODIFICATIONS IREV 42000) provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACT(:)R's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordiaadoa: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized; aril 7A3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responstbiliry in respect of such coordination ARTICLE 9-OWNERS RESPONSIBILITIES 8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER. OWNER shall appoint an engineer against whom-t;O1�fItAC-TAR-tnak�.rtto-resatmebk-trbjection; whose status under the Contract Documents shall be that of the former ENGINEER 83. OWNER shall famish the data required of OWNER under the Contract Documents promptly and Shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs4.1 and 4.4. Paragraph 4.2 refers to OWNER'S identifying and making available to CONTRACTOR copies of reports of explorations and tars of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. forthirrpanapks33thraur elf 8 G. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 83. OWNER's responsibility in respect of certain inspection, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER'S right to stop Work or suspend Work, sec paragraphs 13.10 and 15.1. paragraph 15.2 deals with OWNER's right to terminate services of 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 perform or furnish the Work in accordance with the Contract Documem. 8-1 . Asbestos; PG;s, Pilrelau ,n, Heff Jm'm 'Fars al RHdioactive Materials seFfeRh-in-paragreph4:5- .._ �. 1. rc.._a .._.>r _...y. rur�.xnn s..... ...........ram.. x....:..t. (`/lArio nrl-nu FRESHIP.R1310 .:.le....., 'has fi....,.l..l arrangements—lmvr—bezrt-- made—to—satis€y--0LVESIIt's responsibility -in respect -thereof -will -be as set-f<xtlt-in-the Supplenterttary Conditions ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION OWNFR's Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitation of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress EJMCQ rte2Atc01,01TION'S1910-811MEatrom WI tan Or FORT COLLIM MODIFICATIONS (REV arz000) that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during suds visits and observations. ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Document& ENGINEER will not be required to make exhaustive or continuous on - site inspections to check the quality or quantity of the Work. ENGINM. 's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on - site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defeettve Work. ENGINEER's visits and on -site observations arc subject to all the limitations on ENGINEER's authority and resporrsbility set forth in paragraph 9.13, and particularly, but without limitation, drtrmg 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, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any faiturc of CONTRACTOR to comply with Taws and Regulations applicable to the furnishing or performance of the Work. Project Representadve: 9.3. if OWNER and ENGINEER agree, ENG1Ne�-R will furnish a Resident Project Representative to assist ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and limitation thereon of any such Resident Project Representative and assistants will be as provided in paragraphs 9.3 and 9.13 aPA in iih- Supp1..-..._...... Fonditioaslof these General Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGINEERs Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in _ ymrawgk2l 93.1 The Representative's dealirtes in matters penawro; to the on�ite work w ll in semaal, be with the ENGINEER and CONTRACTOR But, the Re, ntative will keen the OWNER p�ronaly advised about such matters. The Reoresebtative's dealings with subcontractors will only be throueh or with the full-knowlledge and proval of the CONTRACTOR 9.3.2. Duties and Responsibilities. Repesentative will: 9.3 2.1. Schedules - Review the Prowess III schedule and other schedules urepend w CONTRACTOR xnd consult with the ENGR4EER concerning acceptability. 9.3.2.2. Canfcrcmcs and Moe Meet ng with the CONTRACTOR such as prcconstruction conferences, oroWess meetines end other lob conferences and prepare and circulate copies of minutes of meetir= 93.23. Liaison 9.32.3.1 Serve as ENGINFFR'S liaison with CONTRACTOR workin¢ principelly through CONTRACTORS supcintendant tp assist the C.ONTRACCOR in understanding the Contract Documents 2 3 2 3 2 Fria in obtaining from OWNER additional details or information when required for Wooer execution of the Work. 9 3 2 3 3 Advise the FNGINFER and CONTRACTOR of the commencement of any Work requiring a Shy Draw= or sample submission if the submission has not 6cen approved by the ENGINEER 9 3 2 4 Review of Wak. Reiectlsm of Defective Work Inspections and Tests - 9 3 2 4 1 Conduct on -site observations of the Work in pmmg to assist the ENGINEER in detennininp that the Work is Wocecding in aocardance with the Contract Documents. 9.3.2.4.3. AccomRM visiting msoectoa resentina public or other agencies having Lunsdiction over the Project record the results of I}teso ma's9tions and report to the INGDQEER. 9 3 2 5 Intemretation of Contract Documers. Report to ENGRIEER when Clarifications and interWetations of the Contract pppywigzgs are_rpgded and transmit to CONTRACTOR clarifwation and interoretation of the Contract Documents as issued by the M t` 5V" 93.2.6. Modifications Consider and evaluate CONTRACCOR'S suggesions for EJCDc maukt.00NDtTlom t910-8 (im Edaim) 20 wf CITY OF FORT ODUINS MODLFICATIONS ptEV 42000) modification in Drawl» es or Specifications and report thege recomn en�tiom to ENGINEER. Accuratclv�transtnit to CONTRACTOR decisions issued by the ENGINEER 9.3.2.7. RecWds 2i�.8 Rtoorts 93281 Flunish ENGINE,�x�j� re�oris as required- of the rWess of the Work and of the CONTRACTOR'S ffiIULt.aP�e_'!t_1t—ti14_pC9S.Siehc�u1GA)1� schedule of „shop Dmwaat and sample §Mk 93,212. Comb wish ENGINEER L� advance of scheduling major testa insmdions or start of important phases of the Work 9.3283 Draft Woposed Change Orders g d W Wl:�irective Cherra�. obtaining backup material from the COMMACTUR and recommend to ENGINEER Chance Orders. Work Directive Charrx.es and field orders 9.3.2.8.4. Report _immediately to INGIIJEER end OWNER acctaretta oC any accident. 9 3 2 9 Payment Requests Review applications for payment with CONTRACTOR for oomplianoe with the established Wocedure for their submission and forward with recommendation to phdn 001 FE816" 90tl'01 FEB18 ad•11APR16 0 lath 1&1UN16 14APR18 18JUN18 i, start construction — 7ra11b Cantml far Mentioned rcad Nor prving Vrgect duration eelander fie • substenOel CanPIOner prole@ moom ealanMr chm 7MBC Win Pa tlmManr need lar paW "InAtet16al completion Fstance, a a nce cenbq 2d 01FEBIB 02FE816 1 eroslan coneal rlear andgrb.famoro fence ! earth woo aelp cut to ell end replace Istorm dlalna rah garden"In �concretewarwall �Inlela infant ■rip lap end Imgrlan Meal Ibackng Inlets aubgrede preperetlon ffil Ina grace for concrete including be". concrete p"vemenl and curb =backup curb and Install fabric ■finisbrced base forp.,ng all baton met Ipeve tap met 1 sisming and signing finish road base suil.ce and snoulCer 11111.6e mrmsndn, 11 decadent install fencing Impalon and landscape lnst eNrand .ran+pae ferlee 2d 01 FEW8 02FE816 "Ahavalt el out to 811 and re ad O3FEB16 08FESIO slam draPq IN 011FE8117 COFER16 do ESI6 emenla weir well 20 Ofli6 IOFE816 12M Inlets Install ad 11FEB18 16FE616 1220 rip rep 2d 15FE910 16FEB16 1100 electrical and importer, Nes'ad 5d 17FEB16 23FESI8 1250 bec"ll tried; Id 17FEB18 171'E818 I subgrNadepimpareflon ad 24FE815 29FEBIO I fine grader for concrete lncludln Owen 4401WR18 04MARI0 1090 Conceste inurement and curb 20,107811 OIAPRIB 1180 bMIW cure arM Initall fadlc 3d 01APRI6 OBAPR16 1140 Indian mad been Per PMng 2d 07APR18 OPPR18 1170 we balwn met 2d 11APRI8 12APR18 1160 parne, top met id 13APRIS i311PR16 1190 Adding and spoing ld 14APRIS 14APR18 1150 OnNN road base surface and ellcaldr 23 13APRIP IAAPR16 1210 Me "shings, 2019APRIS 2MPit18 1110 Naw"I Install 206 21APR10 1811 1120 IregaBan and landscaper melee 20d 19101 18 UN18 1130 Lana 10d 191WY18 OIJUN78 8o"dete Flnlae dale 01F B18 15JUN18 Connell Resources Recycle Center E.M nor �rapalbe,r I�Cmlaeltrer —Bummeryber ♦ Flee mee.tone point ♦ Finhn milestone print nr.daa 0aFE8+6 n man 29DECIS nwr IA nea ® Rlnsw7 f ENGINEER notim particularly the relationship of the.nayment rzquested_to the schedule of values work completed and materials and anent delivered at the site but not incorporated m the Work. 9.3.2.10. Completion 9.3.2.10.1. Before ENGINEER issues a Certificate of Substantial Completion submit to CONTRACTOR a list of observed items reaui inn correction or completion. 9.3.2.10.2. Conduct final inspection in the company of the ENGINEER OWNER and CONTRACTOR aid epare 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 corn Icted and make recommendations to RGINEER concerning acceptance. 9.3.3. Limitation of Authority' The Representative shall not-, 9.3.3.1. Authorize any deviations from the Contract Documents or accent any substitute materials or ewiomerttss authori�_py She ENGINEER 93.3.2. Exceed limitations of ENGINEERS authority as set forth in the Contract Documents 9.3.3.3. Undertake_ any of the _responsibilitics of the CONTRACTOR. Subcontractors. or CONTRACTQKS—%W&'hltM*M 93 3.4 Ady13S_9ri.9L1.��CliLecSia!15�e1�1lYg to, or assume control over any Mpectt-d the mearA methods, techniques, se ucnces or txacedl;M for WngwAVa unlyss such is armarcallv called for in the Contract Documents. 93.3.5. Advise on or issue directions rwrdina a assume control rner snfery cautions and ins in connections with the Work, ZLI93.3:6. Accept -1MIS S}u� Drgwungs or sample trom anvone outer than the CONTRACTOR 9.3.3.7, Authorize OWNER to occupy the Work in whole or in 9.3.3.8. Participate omt. in specialized field or laboratory tests or inspections conducted by others except as soecifically authorized by the late 0-1:37 Clarifrcatiams and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the EJCDC GENERAL CON'DITI ONS 191041(1990 Ed dim) w/ 0 tY OF FORT COW NS MODIFICATIONS (REV 4(10W ) requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, whidi shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thcrcol if aq, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I l or Article 12. Authorized Variations in Wort-. 9.5. ENGINEER may authorize minor variations in the Work firm the requirements of the Contract Documents which do not involve an adjustment in the Contract Pnce 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 will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Rice or the Contract Timis and the parties are unable to agree as to the amount or e acrit thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or 12. R4ecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of tle 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 139, 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 ENGINEERS authority as to Change Orders, we Articles 10,11, and 12. 9.9. In connection with ENGINEERS authority as to Applications for Payment, see Article 14. Ddermdnations for Urdt Pricer 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEERS preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application 21 for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to app��1 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 exercise such rights or remedies as the appealing party in ay have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR Such appeal will not be subject to the procedure%of paragraph 9.11. Decisions on Disp des• 9-11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be refereed init'rall 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 patty 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 ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate dam in support of such claim, dispute or other matter, The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will reader a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be foal and binding upon OWNER and CONTRACTOR urtless: (i) an appal 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 written notice of intention to appeal from ENGENEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding; is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect tosuch claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such EJWCOEN13iN. CONDMOM 1910-8 (1990 EMM) 22 w/ CITY OF FORT 0OILINSM001FICATIONS(REV42000) decision, tailess otherwise agreed in writing by OWNER and CONTRACTOR 9.12. When functioning as interpreter and judge under pamgraphs9.10 and 9.11, 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, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matterttte-Article 16. 9.13. Linvdafioas on ENGINEER's Authority and Responsibilities: 9.13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undermking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. 9.13.2. ENGINEER will not supervise, direct, oontrol or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or 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, arry Supplier. or of any other person or organization performing or furnishing any of the Work. 9.13.4. 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 paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in die case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGLNEER's Consultants, Resident Project Representative and assistants. ARTICLE 10—CHANGES 1N THE WORK 10.1. Without invalidattim� the Agreement rand 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 conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 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 performed 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 paragraph6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii)required because of acceptance of defective Work under paragraph 13.13 or correcting 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 Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 629. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents ETCDC OENexnt.CONDITIONS 191" (1990 Enron) W/ CITY OF FORT COLLINS MODIFICATIONS [REV 42aW) (including, but not limited to. Contract Price or Contract Times) is required by the provisions of any Band to be given to a surety, the givirta of any such notice will be CONTRACTOR's resperosibrbty, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11—CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to authorised adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment Arry claim for an adjustment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (lit in no event late than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 112. 11.3. The value of any Work coveted by a Charge Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit p rim% contained in the Contract Doamtents, by application of such unit prices to the quantities of the items involved (subject to the provisions of 23 paragraphs 11.9.1 through 11.9.3. inclusive): 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed payment basis, including lump swn (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 to a lump sum is not reached under paragraph 11.3.2 on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined asprovided in paragraph 11.6). Cost of the Work- 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the project, shall include only the following items and shall not include am, of the coats itemized in paragraph 11.5: 11.4.1. Pa old 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 superintcndernts foremen and other personnel employed full-time at the site. Payroll costs for employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll casts shall insdudLutnot be limited to: salaries and wages plus the cast of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and rehremernt benefits; be nusta, siek applicable thereto. The expenses of performing Work after regular working hours, on Saturday. Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER and CONTRACTOR shall make provisions so that they may be obtained 11.4.3. payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by Subcontractors. If required by OWNER, EXI)C OENFRAL COND1710M 1910.8 (1990 Milan) 24 wl CITY OFFORT 00 WNS WODMCA-11ONS(REV 4/2000) CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a tee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs l I A, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Wok. 11.4.5. Supplemental costs including the followinng; 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. 11A.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 Wok and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.53. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER and the costs of transportation, loading, unloading, installation, dismantling and removal thereof -all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulatiorrs 11.4.5.5. 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 permits and licenses. 11A.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.91 provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER No such losses, damages and arperises shall be included in the Cast of the Work for the rairpose of determining CONTRACTOR's fee. It however. any such loss or damage requires reconstruction and CONTRACTOR is placed in charge therm£ CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 17.6.2, 11.4.5.7_ The cum of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 1 I.S. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers. executives, principals (of partnership and sole proprietorships), 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 specifically covered by paragraph 11.4.4--all of which are to be considered administrative costs covered by the CONTRACTOR's fee 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.53. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents topurchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). FJCDC OENER.st. CONDM ONs 1910-8 (1990 Ed Tim) w/ (ITY OF FORT COLLINS MODIFICATIONS (REN 411000) 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 bable, including but not limited to, the correction of defective Work disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense casts of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed 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 coats incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcoraada are on the basis of Cost of the Work plus a fee and no foxed 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. will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.42 and that any higher tier Subcontractor and CONTRACTOR will each be raid a fee-of-five-percent-of-theantouaE io tlerrex4-lower-twr-Sabcenaaetertobe, tiated ilttg�f;±i1h_�i1h the t?u'i�.p>n__ft�is�cets�l Svc txrcent of the amount paid to the ne)a lower 1eL$un�511. 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 amours equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the acjustmem 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 25 determined pursuant to paragmphs l 1.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. CaA Allowances: 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 perfumed for such sums as may be acceptable to OWNER and ENGINEER CONTRACTOR agrees that: 11.8.1. the allowances include the cast to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable tares; 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 net in the allowances and no demand for additional payment on account of any of the foregoing wi 11 be valid - Prior to final payment, an appropriate Change Order will be issued as recommenced by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. UnirpKee Work 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 the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work arc not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications. of Unit Price Work performed by CONTRACTOR will be [Wade by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be doomed to include an amount consideredby CONTRACTOR to be adequate to cover CONTRACIOR's overhead and profit for each separately identified item. 11.9.3.OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; EJCDC GENERAL CONDITIONS 191" (19" &titian) 26 wI CITY OF FORT COLLINS MODIFICATIONS(RE'V4R000) and 11.9.3.2. there is no corresponding adjustment with respect to arty other item of Work; and 11.9.33. 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 acknowledges that the OWNER has the right to add or delete items in the Bid or chanize imb at OWNER'S sole discretion without a acting the Contract Price of env remaining item so loner as the deletion or addition does net era ced twenty-five percent of the original total Contract Price. ARTICLE 12—CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supportng data shall be delivered within sixty days after such occurrence (unless ENGINEER allows additional time to ascertain mewc accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment clauned is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with paagmph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if net submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 123. Where CONTRACTOR is prevented from completing any pact of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to time lost due to such delay if a claim is made therefor as provided in paragraph U 1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER acts or neglect of utility owners or other contractors performing other work as contemplated by Article7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTTRACTOR, any Subcontractor, any Supplier, any other person or tuganization, or to any surety for or employee or agypem of anyy of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, 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 performing other work as contemplated by Article 7. ARTICLE 13--TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice ofDefeets; Prompt notice of all defective Work of which OWNER or ENGINEER have actual ]aiowledge 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 Corisultarim other representatives and personnel of OWNER, independent testing laboratories and govcmmemal agencies with jurisdictional interests will have access to the Work at reasonable- 4mtes for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tmax and Inspeaiona:• 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 or an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by pamgaph 13.5 below, 13.4.2. that casts incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 EXI)C OENF]tAl. CONDIMONS 1910-8 (1990 Edtim) cad CITY OF FORT COLLINS MODIFICATIONS (REV 412000) below shall be paid as provided in said paragraph 13.9. and 13.43. as otherwise specifically provided in the Contract Documents. 13.5. If Laws or Regulations of arty public body having jurisdiction require any Work (or part thereof) specifically to be inspected tested or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such irapectiors, tests or approvals, pay all casts in connection therewith, and famish ENGINEER the required certificates of inspection or approval. CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGiNEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or eqquutpmnn[ submitted for approval prior to COAITRACTOR'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 approval is covered try• CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering 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 CONTRACTOR's expense. 13.9. if ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at L^NGINEERN request, shalt uncover. expose or otherwise make available for observation, inspectiim or testing as ENGINEER may require, that portion of the Work in question. hurishing all necessary labor, material and equipment If it is found that such Work is defective, CONTRACTOR shall pay all claims. vests, lasses 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 ponies are unable to agree as to the amount thereoT may make a claim therefor as provided in Article 11. If however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such 27 uncovering. exposure, observatim ittspection, Leming, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles I I and 12. OWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may, order CONTRACTOR to stop 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. Correction or Removal ofDefective Work. 13.1 L If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, irtualled or completed, or, if the Work has been rejected by ENGINEli12, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, lows and damages mused by or resulting from such correction or removal (including but not limited to all cosu of repair or replacement of work of others). 13.12. Correction Period: 13.12.1. If within one-year two Yeats after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terns of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective. CONTRACTOR shall promptly, without cost to OWNER and in accordance with Ot;NERk 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 instructions, 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, casts, lasses and damages caused by or resulting from such removal and replacement including but not limited to all coats of repair or replacement of work of others) will be paid by CONTRACTOR 13.122.In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work. the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment 13.12.3. Where defective Wort; (and damage to other ErCDC GENERAL CONDMOM 19104 (1990 Eilitkn) ?8 wi CITY OF FORT COLLI M MODIFICATIONS (REV 4r1000) Work resulting therefrom) has been oorrecxd, removed or replaced tinder this paragraph 13.12, the correction period lrercunda with respect to such Work will be extended for an additional period of erA year two Years after such correction or removal and replacement has been satisfactorily completed. Acceptance of Defective Rork., 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (aral, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims. costs. loses and damages attributable to OWNERS evaluation of and determination to accept such defective Work (such casts to be approved by ENGINEER as to reasonableness). If arty such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work. and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agece as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Career Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. In connection with such corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate an in the Work all materials d equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNERS representatives, agents and employees. OWNER's other contractors and ENGINEER and ENGINEERS Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph All claims, costs, lasses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Docwnents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaagged byy correction, removal or replacement of CONfRACTOR's defective Work. CONTRACTOR shall riot be allowed an extension of the Contract Times (or Mdesstoones) because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14—PAY'NMIMS TO CONTRACTOR AND COMPLETION Schabde of Vallee• 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. AppL=don for Progress Payment: 14 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 CONTRACI OR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents If payment is requested on the basis of materials and equipment riot incorporated in the Wort: but delivered and suitably stored at the site or at another location agreed to in writing the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER The amount of retainage with respect to progress payments will be as stipulated in the Agreement. And fwids that are withheld b Ld a OWNER shall not be subject to substitution by the CONTRACTOR with securities or aMe arrangements involving an escrow or custodianship. By executir�n -thy application for �vment form the CONTRACTOR mx=ly waives his right to the benefits of Colorado Revised Statutes Section 24-91-101 at sea. CONMCTOR's Warranty of Title. 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment. whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review ofApplieations far Progrw Payment 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a E)MC OENEM CONDITIOM 1910-8 (IM Edtim) w/CrIY OF FORT COl.t. M MODIFICATIONS (ILEV 42000) recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment In the latter case. CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after Presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on -sits observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled 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) exbaustive 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. ENGINEEWs recommendation of any payment, including final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the salary precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment iL in ENGINEER's opinion, it would be incorrect to make the representations to 29 OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended. to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Written Amendment or Chenge 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 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER becatsse- 14.7.5. claims have boon made against OWNER on account of CONTRACTOR's performance or furnishing of the Wok, 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 OWNF,R to a act - off against the am ount recommended or 14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in pamgmphs 14.7.1 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 carrects to OWNS R's satisfaction the reasons for such action. SubshuttialCompletion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGME R in writing that the entire Work is substantially complete (except for items specifically fisted by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Wither a reasonable time thoreafter, OWNER CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Wok substantially complete. ENGINEER will notify CONTRACTOR in wnnng giving the reasons therefor- If ENGINEER EXDC OENF3iAL COND1710M 1910.8 (1990 Editim) 30 wl CITY OF FORT COLUM MODIRCAT10NS ft-V 4l1000) considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list If, after ainsiderirpr such objections. ENGINEER concludes that the Work is not substantially complete. ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, slating the reasons therefor. IE after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified afar consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER tit writing prior to ENGINEER's issuing the definitive certifcate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment 14.9. OWNER shall have the right to exclude CONTRACTOR from the Wok after the date of Substantial Completion but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list Partial Udfiradow 14.10. 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 (u) 0WNER. ENGINEER and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OA74M 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 writirig to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially eon te. If CONTRACTOR agrees that such part of the ork is substantially complete. CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue it certificate of Substantial Completion for that pan of the Work. (6 O O Z 0 Z W Q o a 0 W N W d' o Z o Q Z Q O O O f N m LO tf) Ul) O O O O O O CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion If ENGINEER does not consider that part of the Work to ire substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of pamgmphs 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 to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such work or remedy such deficiencies. FinalAppiicadlon for Payment: 14,12. After CONTRACTOR has completed all such correction to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4. certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents. CONTRACTOR may make application for final payment following the procedure for progress payments, The final Applicationfor Payment shall be accomrxiniml (except a% previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (a) consent of the surety, if any, to final payment,and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER CONTRACTOR may famish receipts or releases in full and affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for w}uch a Lien could be filed and (it) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNERS property might in any way be responsible have been paid or otherwise satisfied If any Subcontractor or Supplier fails EJCOC OENERAL CONDITIONS 1910-8 (1990 Edtim) WICITY OF FORT COLUNS MODIFICATIONS OLEV 42000) to furnish such a release or receipt in full. CONTRACTOR may famish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien Releases or waivers of liens and the consent of the surety to finalize payment are to be submitted on forms conforming to the format of the OWNER'S standard forms bourtd in the Proied manual Final Payment andAcceptanee: 14.13 If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGiNEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEisWs recommendation of payment and present the Application to OWNER for payment. At the same time ENGINEER will also give wiinen notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropnnte form and substance and with ENGINEER's recommendation and lattice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR suhicct to raragranh 17.62 of these Oren= Cgndit ors. 14.14. If: through no fault of CONTRACTOR final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of F?1GINEER and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreemem, and if Bonds have been furnished aS required in paragraph 5.1. the written ccm nt of the surety to the payment of the balance due for that portion of the Wort: fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1.a waiver of all claims by OWNER against CONTRACTOR except claims ansng from unserded Liens, from obfective Work appearing after 31 final inspection pursuant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the 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 AND TERMINATION OWNER May Suspend Rork: 15.1. At any time and without cause, OWNER may suspend the Work or portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date LA which Work will be resumed. CONTRACTOR shall resume the Work on the date so fund. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER May Terminate.• 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph?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; 15.23. if CONTRACTOR disregards the authority of ENGINEER; or 152.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents: OWNER may, alter giving CONTRACTOR (and tic surety, if any) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTORS tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid EJCDC 004SLAL C%unom 191" (1990 Edtim) 32 w1 CITY OF FORT COLLINS MODIF)CAT)ONS(REV 4r2000) CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any Gather payment until the Work is finished If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR If such claims, casts, losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference 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 he required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect an rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNS: will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15 4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of ternhination, including fair and reasonable sums for overhead and profit on such Work; 15.42. 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 Wort:, plus Gas 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 Subcontratetas, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shell not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination CONTRACTOR May Stop Work or Termimle. 15.5. Ili 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 ENGINEER fails to act on any Application for payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any stun finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15A. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has (tiled to ad 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 expenses or damage directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CON'rRAC'I'OR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, of any, shall be as set forth in ExhibitGC-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 right% or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. "4111610 sls[DuT1 kTal litJ"a X0,K GW&g Notice- 17.1. Whenever am provision of the Contmcl Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm, or to an officer of the corporation for whom it is intended or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days it will be computed to exclude the first and include the last day of such period If the last day of any sue$ 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 omitted from the computation. elcDC0W4Ucnt. pot tnon 191" (1990 Bdban) w! CITY Of FORT CO1.I.INS MODIFICAnoNS ORE V 4r200e) 17.22. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Nodee of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of arty error, omission or act of the other party or of any of the other 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.Cumulatlre Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warmnrties, guarantees and obligations imposed upon CONTRACTOR by paragraphs6.12 6.16.6.30, 6.31, 6.32, 13.1, 13.12,13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations by special warranty or guarantee or by other provisions of the Contract Documents, and the provisioner of this paragraph will be as effective as if repeated specifically in the Contract Docum eats in connection with each particular duty, obligation right and remedy to which they apply, Professional Fees and Cover Costs Included• 175. Whenever reference is made to "claims, costs, losses and damages', it shall include in each case, 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 Stan Q( ( gloradoiy to this Agreement Reference to two pertitient Colorado statutes areas follows 17.6,2. If a claim is filed OWNER is required by law (CRS 35-26-107) to withhold from all payments to CONTRACTOR sufficient funds to insure the payment of all claims for labor, materials. team hire, sustenance, provisiom provender, or other supplies used or consumed by CONTRACTOR or his 33 EJCDCOENR"l CONDITIONS 1910$ (IME&im) 34 wf CITY OF FORT COLONS MODIFICATIONS (R1 V 42000) (This page left bland- intentionally) EJCDC OENERAL COMMONS 19105 (1990 Ed5m) 35 w/ CITY OF FORT OC)LLINS MODIFICATIONS OtEV 420M) EKDC OENFRAL COMXTION819104 (1990 E(fitim) 36 wI CITY OFFORT COLLINS MOIAFICAT1ON5(REV 412000) EXHIBIT GC -A to General Conditions of the Construction Contract Between OWNER and CONTRACTOR i 7 , _is r •J:Te3 OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions of the Construction Contract between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction industry Arbitration Rules of the American Arbitration Association then obtainurg, subject to the limitations of the Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR If ENGINEER renders a decision after arbitration proceedings have been initiated. such decision may be entered as evidence but will not supersede: the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the 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 informatiorr The demand for arbitration will be made within the thiny-day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arises, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. E1CDC GENERAL CONDITIONS 19104 (1990 E(fitim) wl CITY OF FORT COUdNS MODIFICATIONS (REV 9199) 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEEWs Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among these who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written concept of the other person or entity sought to be included and of OWNR and CONTRACTOR has been obtained for such inclusion. which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor. either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereat and is will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall fast submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by the American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6• unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. (d91"1 E1CDC GENERAL CONDITIONS 19104 (1990 E Atim) GC -Al w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition with City of Fort Collins modifications) and other provisions of the Contract Documents as indicated below. SC-4.2 Subsurface and Physical Conditions: A. Add the following language to paragraph 4.2.1 of the General Conditions. 4.2.1.1.1 The following report(s) of exploration and tests of subsurface conditions at the site of the Work: N/A Contractor may rely upon the accuracy of the technical data contained in the geotechnical documents, but not upon nontechnical data, interpretations or opinions contained therein or upon the completeness of any information in the report. B. 4.2.1.2.1 No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in Paragraph -- 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: N/A SC-5.4.8 Limits of Liability A. Add the following language at the end of paragraph 5.4.8. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: 5.4.1 and 5.4.2 Coverage A - Statutory Limits Coverage B - $100,000/$100,000/$500,000 5.4.3 and 5.4.5 Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. 5.4.6 The Comprehensive Automobile Liability Insurance policy will have limits of $1,000,000 combined single limits (CSL). SECTION 00510 NOTICE OF AWARD DATE: January 21, 2016 TO: Connell Resources Inc PROJECT: 7622 Community Recycling Center - Construction Phase OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER") You are hereby notified that your Bid dated January 15, 2016 for the above project has been considered. You are the apparent successful Bidder and have been awarded an Agreement for 7622 Civil Contractor for the Integrated Recycling Facility Project - Construction Phase. The Price of your Agreement is Nine Hundred Five Thousand Five Hundred Seventy -Three Dollars ($905,573.00). Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by February 5, 2016. 1. You must deliver to the OWNER three (3) fully executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on the cover of the page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders, General Conditions (Article 5.1) and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully -signed counterpart of the Agreement with the Contrac�Documents attached. Gerry Paul`-' Purchasing Director 5.4.9 This policy will include completed operations coverage/product liability coverage with limits of $1,000,000 combined single limits (CSL). SC-8.10 OWNER's Project Manager A. Add the following language to ARTICLE 8: 8.10. The OWNER will provide a Project Manager. The CONTRACTOR shall direct all questions concerning Contract interpretation, Change Orders, and other requests for clarification or instruction to the Project Manager. 8.10.1 Authority: The Project Manager will be the OWNER's representative during the construction of the project. The Project Manager shall have the authority set forth in the OWNER's Capital Project Procedures Manual. The Project Manager shall have the authority to reject work and materials whenever such rejection may be necessary to ensure the proper performance of the Work in accordance with the Contract Documents. 8.10.2 Duties and Responsibilities: The Project Manager will make periodic visits to the project site to observe the progress and quality of the Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Project Manager shall not be required to make comprehensive or continuous inspections to check the progress or quality of the Work. The Project Manager shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions or programs in connection with the Work, or for any failure of the Contractor to comply with laws and regulation applicable to the performance or furnishing of the Work. Visits and observations made by the Project Manager shall not relieve the CONTRACTOR of his obligation to conduct comprehensive inspections of the Work, to furnish materials and perform acceptable Work, and to provide adequate safety precautions in conformance with the Contract Documents. The Project Manager shall at all times have access to the Work. The CONTRACTOR shall provide facilities for such access so the Project Manager may perform his or her functions under the Contract Documents. 8.10.3 One or more Resident Construction Inspector(s) (RCI) may be assigned to assist the Project Manager in providing observation of the Work, to determine whether or not the Work is proceeding according to the construction documents. CONTRACTOR will receive written notification from the OWNER of any RCI assignments. The RCI 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. The RCI will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. The RCI's dealings in matters pertaining to the on -site work will be to keep the Project Manager properly apprised about such matters. 8.10.4 Communications: All instructions, approvals, and decisions of the Project Manager shall be in writing. The CONTRACTOR may not rely on instructions, approvals, or decisions of the Project Manager until the same are reduced to writing. SC-12.3 Add the following language to the end of paragraph 12.3. In order for the Owner to award a time extension to the Contractor and pay for additional general conditions for abnormal weather conditions, the following conditions must be satisfied: 1. The weather experienced at the Project site during the Contract period must be found to be abnormal weather, that is, more severe than the adverse weather anticipated for the Project location during the Contract period. 2. The abnormal weather must actually cause a delay to the completion of the Project. The delay must be beyond the control and without the fault or negligence of the Contractor. 3. For an abnormal weather conditions delay to count, it must prevent work on Critical Path activities for 50 percent or more of the Contractor's scheduled work crew, for 50 percent or more of the day. 4. The weather must exceed the schedule of monthly adverse weather condition delays based on National Oceanic and Atmospheric Administration (NOAA) historical data for the Project location as stated below. This will constitute the baseline for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all-weather dependent activities. MONTHLY ANTICIPATED ADVERSE WEATHER DELAY WORK DAYS BASED ON (5) DAY WORK WEEK. JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 5 4 3 3 4 4 5 5 3 2 3 5 Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the Contract, the Contractor will record on their daily report, the occurrence of adverse and subsequent abnormal weather conditions and resultant impact to normally scheduled work. Actual abnormal weather condition delay days must prevent work on Critical Path activities for 50 percent or more of the Contractor's scheduled work crew, for 50 percent or more of the day. The number of abnormal weather condition delay days shall be days in excess of the actual adverse weather within the designated month, and be calculated chronologically from the first to the last day of each month, and be recorded as full days. Unutilized adverse weather days do not carry -forward or accumulate. The Contractor is to notify the Owner at the end of each month in writing of the number of actual abnormal weather delays they incurred for the month. If the number of actual abnormal weather delay days exceeds the number of anticipated adverse weather delay days listed above, the Project Manager will review the Contractor's documentation and give full consideration for equivalent fair weather work days, and track the days on a log. If all four conditions listed above are satisfied, the Owner will issue a change order to the Contractor for the additional days to the project schedule and the general conditions associated with these abnormal weather days. SC-13.12 Correction Period: 13.12.1 If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, an Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions ... SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Contract Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER NO. PROJECT TITLE: Community Recycling Center - Construction Phase CONTRACTOR: Connell Resources Inc PROJECT NUMBER: 7622 DESCRIPTION: 1. Reason for change: 2. Description of Change: _ 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COST $ .00 TOTAL APPROVED CHANGE ORDER .00 TOTAL PENDING CHANGE ORDER .00 TOTAL THIS CHANGE ORDER .00 TOTAL % OF THIS CHANGE ORDER % TOTAL C.O.% OF ORIGNINAL CONTRACT % ADJUSTED CONTRACT COST $ .00 (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: DATE: Project Manager REVIEWED BY: DATE: Title: APPROVED BY: DATE: Title: APPROVED BY: DATE: Purchasing Agent over $30,000 cc: City Clerk Contractor Engineer Project File Architect Purchasing SECTION 00960 APPLICATION FOR PAYMENT PROJECT: PAY ESTIMATE NO: DATE: _ CONTRACTOR: ADDRESS: CONTRACT FOR: PARTIAL TO The undersigned Contractor certifies that to the best of his knowledge, information and belief the work covered by this application for Payment has been completed in accordance with the Contract Documents, that all accounts have been paid by him for Work for which previous Certificates for Payment were issued and payments received, in this current payment shown herein is now due. CONTRACTOR: Date: FINAL TO In accordance with the Contract Documents, based on site observations and the data comprising the above application, the Architects Certifies to the Owner that the Work has progressed to the point indicated; that the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment of the AMOUNT CERTIFIED. ENGINEER: By: Date: Application is made for Payment, as shown below, in connection with the Contract. Schedule of Values is attached. The present status of the account for this Contract is as follows: ORIGINAL CONTRACT AMOUNT APPROVED CHANGE ORDERS TO DATE ADJUSTED CONTRACT AMOUNT TOTAL WORK COMPLETED AND MATERIALS USED RETAINAGE (10% OF TOTAL) TOTAL EARNED LESS RETAINAGE LIQUIDATED DAMAGES WITHHELD TOTAL EARNED LESS LIQUIDATED DAMAGES LESS PREVIOUS PAYMENTS CURRENT PAYMENT DUE APPROVED BY: (Title) cc: Accounting City Clerk Contractor Engineer Project File DA WORK CHANGE DIRECTIVE INSTRUCTIONS A. GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. These changes are often initiated in the field and may affect the Contract Price or the Contract Times. This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Times a Field Order should be used. & COMPLETING THE WORK CHANGE DIRECTIVE FORM Engineer initiates the form, including a description of the items involved and attachments. Based on conversations between Engineer and Contractor, Engineer completes the following: METHOD 0I7 DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to be used in determining the final cost of Work involved and the estimated net effect on the Contract Price. If the change involves an increase in the Contract Price and the estimated .amount is approached before the additional or changed Work is completed, another Work Change Directive must be issued to change the estimated price or Contractor may stop the changed Work when the estimated time is reached. If the Work Change Directive is not likely to change the Contract Price, the space for estimated increase (decrease) should be marked "Not Applicable". Once Engineer has completed and signed the form., all copies should be sent to Owner for authorization because Engineer alone does not have authority to authorize changes in Price or Times. Once authorized by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by Change Order signed by Owner and Contractor with Engineer's recommendation. Paragraph 10.03.A.2 of the General Conditions requires that a Change Order be initiated and processed to cover any undisputed sum or amount of time for Work actually performed pursuant to this Work Change Directive. Once the Work covered by'this directive is completed or final cost and times are determined, Contractor should submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE TO PROCEED WH Ii A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY. DATE OF ISSUANCE OWNER CONTRACTOR Contract: Project: OWNER's Contract No. WORK CHANGE DIRECTIVE No. EFFECTIVE DATE ENGINEER's Project No. You are directed to proceed promptly with the following change(s): Description: Purpose of Work Change Directive: Attachments: (List documents supporting change) If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Price: ❑ Unit Prices 0 Lump Sum ❑ Cost of the Work Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract $ Times: If the: change involves an increase, the estimated Substantial Completion: _ Jays; amount is not to be exceeded without further Ready for final payment: days. authorization. RECOMMENDED: AU114ORI ZED: ENGINEER OWNER By: By: EJCDC No. 1910-8-F (1996 Edition) Prepomd by the En6neen )oint Contract Doeuments Ce n ittee end pndomed by The Ass awed C"eral Contractan or America and the Canstructto Specification tAslitutc. omens of Cor o/ Corrsrnxthn 7echrolcgy REQUEST FOR INTERPRETATION Projrx.t: R.F.I. Number: From: To. Date: A/E Project Number. Re: Contract For. Specification Section: Paragraph: Drawing Reference: Detail: Request: Signed by: Date: Rcspons:;: ❑ Attachments Response From: To: Date Rec'd: Date Rag& Signed by: Date: Copies: ❑Owner ❑ consultants ❑ Cl ❑ ❑ ❑ File I Copynght 1994, Consovcticn Specifications Institute, Page of July 1994 99 Canal Center Plaza, Suite 300 Alexandna, VA 22314 CSI Form 132A Advancement o/ Corrstructim recnnology Project: To Re. Clarification Notice Number: From: Date: A/F. Project Number: ContractFor: CLARIFICATION NOTICE This Clarification Notice is issued for the purpose of clarifying the. Contract Documents based on an interpretation reasonably inferable from the Contract Documents, and therefore has no effect on the Contract Sum or Contract Time. ProceWing with Work in accordance with this Clarification Notice indicates Acceptance With no change in the Contract Sum or Contract Time. Specification Section: Paragraph: Drawing Reference: Detail: Description: ❑ Attachments Signed by: Date: Copies: Cl owncr ❑ Q,ns.ultnnt:, ❑ ❑ Copyright 1994, Construction Specifications Institute, Page of 99 Canal Canter Plaza, Suite 34UO Alexandria, VA 22314 Cl ❑ ❑ File July 1994 CSI Form 13.3A