HomeMy WebLinkAboutBID - 9889 MEADOW SPRINGS RANCH STORAGE BUILDINGcity of
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Purchasing
BID INFORMATION
AND
CONTRACT DOCUMENTS
FOR
Financial Services
Purchasing Division
215 N. Mason St. 2nd Floor
PO Box 580
Fort Collins, CO 80522
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MEADOW SPRINGS RANCH STORAGE FACILITY
B I D N O. 9889
September 20, 2023
CONTRACT DOCUMENTS TABLE OF CONTENTS
BID INFORMATION
00020 Invitation to Bid
00050 Scope of Work
00100 Generallnformation
00300 Bid Form
00400 Supplements to Bid Forms
00410 Bid Bond
00420 Statements of Bidders Qualifications
00430 Schedule of Subcontractors
00440 Contractor Safety Form
CONTRACT DOCUMENTS
00500 Agreement Forms
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
00600
00610
00615
00630
00635
00640
00650
00660
00670
Bonds and Certificates
Performance Bond
Payment Bond
Certificate of Insurance
Certificate of Substantial Completion
Certificate of Final Acceptance
Lien Waiver Release (CONTRACTOR)
Consent of Surety
Application for Exemption Certificate
CONDITIONS OF THE AGREEMENT
00700 General Conditions
Exhibit GC-A GC-A1 - GC-A2
00800 Supplementary Conditions
00900 Addenda, Modifications, and Payment
00950 Agreement Change Order
00960 Application for Payment
ADDITIONAL CONTRACT DOCUMENTS
ATTACHMENT 1- PROPOSED SITE LOCATION
ATTACHMENT 2- SOILS REPORT
SECTION 00020
INVITATION TO BID
BID DUE: 3:00 PM MT (MT our clock), October 11, 2023
As part of the City's commitment to sustainability, sealed Bids must be submitted online through
the Rocky Mountain E-Purchasing System (RMEPS) at http://bidnetdirect.com/colorado/city-of-
fort-collins.
The Contract Documents provide for the construction of Bid 9889 Meadow Springs Ranch
Storage Facility. The Work consists of:
The City of Fort Collins is requesting Bids from qualified Contractors for the purchase,
delivery, construction and warranty of a 60-foot x 80-foot pole barn for vehicle storage
meeting Larimer County construction criteria at the Meadow Springs Ranch Biosolids
Facility.
All questions should be submitted, in writing via email, to JD McCune, Buyer II at
jmccune@fcgov.com, no later than 3:00 PM MT on September 29, 2023. Please format your
e-mail to include: ITB 9889 Meadow Springs Ranch Storage Facility in the subject line. Questions
received after this deadline may not be answered. Responses to all questions submitted before
the deadline will be addressed in an addendum and posted on RMEPS.
The Contract Documents are available online at http://www.bidnetdirect.com/colorado/city-of-
fort-collins
Bid security in the amount of not less than 5% of the total Bid must accompany each Bid in the
form specified in the Instructions to Bidders.
The successful Bidder will be required to furnish a Performance Bond and a Payment Bond
guaranteeing faithful performance and the payment of all bills and obligations arising from the
perFormance of the Contract.
No Bid may be withdrawn within a period of forty-five (45) days after the date fixed for opening
Bids.
The City (OWNER) reserves the right to reject any and all Bids, and to waive any informalities
and irregularities therein.
Prohibition of Unlawful Discrimination: The City, in accordance with the provisions of Title VI
of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the
Regulations, affirmatively ensures that for all contracts entered into with the City, disadvantaged
business enterprises are afforded a full and fair opportunity to bid on the contract and are not to
be discriminated against on the grounds of race, color, or national origin in consideration for an
award.
The City strictly prohibits unlawful discrimination based on an individual's gender (regardless of
gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age
40 years or older, marital status, disability, sexual orientation, genetic information, or other
characteristics protected by law. For the purpose of this policy "sexual orientation" means a
person's actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality.
The City also strictly prohibits unlawful harassment in the workplace, including sexual
harassment. Further, the City strictly prohibits unlawful retaliation against a person who
engages in protected activity. Protected activity includes an employee complaining that he or
she has been discriminated against in violation of the above policy or participating in an
employment discrimination proceeding.
The City requires its Contractors to comply with the City's policy for equal employment
opportunity and to prohibit unlawful discrimination, harassment and retaliation. This
requirement applies to all third-party Contractors and their subcontractors/subconsultants at
every tier.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where the officer or employee exercises directly or indirectly any
decision-making authority concerning the sale or any supervisory authority over the services to
be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Contractor Registration: The City requires new Contractors receiving awards from the City to
submit IRS form W-9 and requires all Contractors to accept Direct Deposit (Electronic)
payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be
found on the City's Purchasing website at www.fcqov.com /purchasing under Vendor Reference
Documents. Please do not submit these documents with your bid, however, if you take
exception to participating in Direct Deposit (Electronic) payments please clearly note in your bid
your exception. The City may waive the requirement to participate in Direct Deposit (Electronic)
payments at its sole discretion.
Colorado Open Records Act: The City is a governmental entity subject to the Colorado Open
Records Act, C.R.S. §§ 24-72-200.1 et seq. ("CORA"). Any bid submitted hereunder is subject
to public disclosure by the City pursuant to CORA and City ordinances. All submitted bids, Bid
Forms, and the awarded contract will be considered public records subject to disclosure
under CORA. By responding to this Bid, Contractor hereby waives any and all claims against
the City relating to CORA.
Collusive or Sham Bid: Any Bid deemed to be collusive or a sham Bid will be rejected and
reported to authorities. Your authorized signature of this Bid assures that the Bid is genuine
and is not a collusive or sham Bid.
City of Fort Collins
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Gerry Paul
Purchasing Director
SECTION 00050
SCOPE OF WORK
OBJECTIVE & BACKGROUND
A. Objective
The City of Fort Collins is requesting Bids from qualified Contractors for the purchase,
delivery, construction and warranty of a 60-foot x 80-foot pole barn for vehicle storage
meeting Larimer County construction criteria at the Meadow Springs Ranch Biosolids
Facility.
B. Background
The City of Fort Collins Utilities (Utilities) owns and maintains a biosolids facility on
Meadow Springs Ranch located 35 miles north of Fort Collins, Colorado. The facility
supports the Water Reclamation Facilities owned by the City of Fort Collins. The land is
also leased for cattle grazing.
The biosolids spreading process requires numerous pieces of heavy equipment that
require protection from long term exposure to the elements and wildlife. See Attachment
1 for location on the site.
The City will be working with a third party Consultant for site investigation, drawings and
permit support.
SCOPE OF WORK
1. Building Summary
Building dimensions shall be approximately 60-feet wide by 80-feet long with a
sidewall height of 16 feet. Four (4) garage door bays will be provided with two (2)
manway doors provided one (1) on each end of the building.
A concrete floor is also to be included. Include 6-foot by 80-foot exterior concrete
approach with eight (8) safety bollards in front of overhead doors to new building
from existing concrete. The Contractor is required to furnish Engineer stamped
drawings to the City suitable for submittal for County permitting.
2. Foundation
Foundation shall be reinforced precast concrete column with an internal threaded
adjustment bracket set in a readi-mix poured footing set a minimum of 4'-0"
below building grade (or below frost depth). Fastened to a laminated wood
column with an internal column connector bracket. Reinforced precast 4"
concrete board with integrated 3-1/2" treated wood, mounted at grade to
concrete column.
3. Siding and Roof
Shall be ribbed steel with a minimum thickness of 29-gauge steel fastened with
stainless steel screws. Roof shall include three (3) rows of snow retainers, 1-foot
overhangs with vents along long side of roof. North and south edges shall have
6-inch gutters with 4-inch x 5-inch downspouts. A ridge cap will also be provided.
4. Openings
Provide three (3) ea. 12-foot by 14-foot openings and one (1) ea. 16-foot by 14-
foot openings with steel insulated overhead doors with operators and remotes.
The doors shall be commercial grade insulated Coplay 3200 models three (3) 12-
foot 2-inches by 14-foot tall and one (1) 16-foot by 14-foot tall.
Two (2) man doors shall be included, each 3-foot by 6-foot 8-inch steel, one out-
swing left/one out-swing right with closer and lockset keyed to ranch gate
standard.
Provide six (6) 5-foot by 4-foot sliding windows including four (4) on the back
(opposite the garage doors) and one on each side.
5. Insulation
Ceiling finish to include solid sheathing attached to lower truss cords with 4 mil
vapor retardant and R38 insulation blown into attic. Interior walls will be lined with
waterproof interior wall finish and insulated with 4 mill vapor retardant and 6-inch
fiberglass (R-19) insulation. Contractor is to install perimeter slab insulation
beneath concrete floor, 24 inch wide.
6. Interior Floor
The interior floor is to be six-inch thick concrete inside building, steel trowel
finish, and saw cut joints. Reinforce with #4 rebar 24 inches on center, each way.
Minimum 4000 psi concrete. Include two (2) ea. 4-foot by 4-foot door exist stoops
at manway doors. Concrete to be sloped to drain toward garage doors.
7. Heating
Install three (3) ea. propane 40-foot 100 MBH radiant tube heaters. The
Contractor is responsible for rough in gas piping and stub out toward propane
gas hookup. The City is responsible for the propane tank and hookup. The
Contractor is responsible for furnishing to the City engineer stamped mechanical
drawings for County review and permitting.
8. Other Design Criteria
Design criteria for this site includes 117 mph Ultimate Design Wind Speed (Vult),
Exposure C, Risk Category I, 50 psf ground snow load (Pg). The site is NOT in
the Wildfire Hazard Area.
9. Contractor Coordination
a. Contractor shall work closely with Utilities' electricians and plumbers to
coordinate the installation of plumbing for gas heat and electric service.
b. Utilities will provide site preparation including clearing and grubbing, and
subgrade preparation.
c. Utilities will provide electric power service for construction.
d. Contractor responsible for trash, scrap removal and portable toilet.
10. Warranty
Describe additional warranties that can be provided.
11. Freight terms
All freight is F.O.B. Destination, Freight Prepaid. All freight charges must be
included in prices submitted on Bid.
12. Method of Award
At the City's option the basis of award is the lowest responsive and responsible
Bidder based on the total price for Base Bid or the total price for the Base Bid plus
selected Alternates. Delivery lead times, installation lead times, details of the
warranty and exceptions will also be taken into consideration.
13. Bid Schedule (Base Bid)
Please provide a detailed Bid that addresses all items within this Section 0050
Scope of Work, to include any/all pricing, lead times, installation lead times,
warranty information, and exceptions.
SECTION 00100
INSTRUCTIONS TO BIDDERS
1.0 DEFINED TERMS
Terms used in these Instructions to Bidders which are defined in the Standard General
Conditions of the Construction Contract (No. 1910-8, 1990 ed.) have the meanings
assigned to them in the General Conditions. The term "Bidder" means one who submits
a Bid to OWNER, as distinct from a sub-bidder, who submits a Bid to Bidder. The terms
"Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to
whom OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an
award. The Successful Bidder becomes the CONTRACTOR once selected and
engaged. The term "Bidding Documents" includes the Advertisement or Invitation to Bid,
Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including
all Addenda issued before receipt of Bids).
2.0 COPIES OF BIDDING DOCUMENTS
2.1. Complete sets of Bidding Documents may be obtained as stated in the Invitation to
Bid. No partial sets will be issued. The Bidding Documents may be examined at the
locations identified in the Invitation to Bid.
2.2. Complete sets of Bidding Documents shall be used in preparing Bids; neither
OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations
resulting from the use of incomplete sets of Bidding Documents.
2.3. The submitted Bid proposal shall include Sections 00300 and 00400, fully executed.
2.4. OWNER and ENGINEER, in making copies of Bidding Documents available on the
above terms, do so only for the purpose of obtaining Bids on the Work and do not
confer a license or grant for any other use.
3.0 QUALIFICATION OF BIDDERS
3.1 To demonstrate qualifications to perform the Work, each Bidder must submit at the
time of the Bid opening, a written statement of qualifications provided in Section
00420. As applicable, Bidder must possess all required state and local licenses.
3.2. In accordance with Section 8-160 of the Code of the City of Fort Collins in
determining whether a bidder is responsible, the following shall be considered: (1)
The ability, capacity and skill of the bidder to perform the contract or provide the
services required, (2) whether the bidder can perform the contract or provide the
service promptly and within the time specified without delay or interference, (3) the
character, integrity, reputation, judgment, experience and efficiency of the bidder,
(4) the quality of the bidder's performance of previous contracts or services, (5) the
previous and existing compliance by the bidder with laws and ordinances relating to
the contract or service, (6) the sufficiency of the financial resources and ability of the
bidder to perform the contract or provide the service, (7) the quality, availability and
adaptability of the materials and services to the particular use required, (8) the
ability of the bidder to provide future maintenance and service for the use of the
subject of the contract, and (9) any other circumstances which will affect the
bidder's performance of the contract.
3.3. Each Bidder may be required to show that any Work previously performed by the
Bidder has no claims pending against such Work. No Bid will be accepted from a
Bidder who is engaged on any other Work which would impair their ability to
perform or finance this Work.
3.4 No Bidder shall be in default on the performance of any other contract with the City
or in the payment of any taxes, licenses or other monies due to the City.
4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the
Contract Documents thoroughly, (b) visit the site to familiarize itself with local
conditions that may in any manner affect cost, progress or performance of the
Work, (c) familiarize itself with federal, state and local laws, ordinances, rules and
regulations that may in any manner affect cost, progress or performance of the
Work, (d) study and carefully correlate Bidder's observations with the Contract
Documents, and (e) notify ENGINEER of all conflicts, errors or discrepancies in the
Contract Documents.
4.2. Reference is made to the Supplementary Conditions for identification of: SubsurFace
and Physical Conditions SC-4.2.
4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder
that Bidder has complied with every requirement of this Article 4, that without
exception the Bid is premised upon performing and furnishing the Work required by
the Contract Documents and the means, methods, techniques, sequences or
procedures of construction as may be indicated in or required by the Contract
Documents, and that the Contract Documents are sufficient in scope and detail to
indicate and convey understanding of all terms and conditions for performance and
furnishing of the Work.
5.0 INTERPRETATIONS AND ADDENDA.
5.1. All questions about the meaning or intent of the Bidding Documents are to be
submitted in writing to the OWNER. Interpretation or clarifications considered
necessary in response to the questions will be issued only by Addenda. Only
questions answered by formal written Addenda will be binding. Oral and other
interpretations or clarifications will be without legal effect.
5.2. All questions concerning the scope of this project and submittal of bids should be
directed to the City of Fort Collins' Purchasing Division.
5.3. Addenda may also be issued to modify the Bidding Documents as deemed
advisable by OWNER or ENGINEER.
5.4. Responses to all questions submitted before the deadline will be addressed in an
addendum and posted on the Rocky Mountain E-Purchasing System webpage.
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6.1. Each Bid must be accompanied by Bid Security in an amount no less than five (5)
percent of the Bid. The Bid Bond must be executed by a SURETY meeting the
requirements of the General Conditions for surety bonds. If a SURETY does not
issue electronic Bid Bonds, a scanned copy of the Bid Bond must be submitted
electronically through Rocky Mountain E-Purchasing System at the time of bidding,
and the hard copy Bid Bond must be mailed to the Purchasing Department at PO
Box 580, Fort Collins CO 80522 and received by OWNER before contract
execution.
6.2. The Bid Security of the successful Bidder will be retained until the Bidder has
executed the Agreement and furnished the required contract security, whereupon
Bid Security will be returned. If the successful Bidder fails to execute and deliver the
Agreement and furnish the required contract security within 15 days of the Notice of
Award, OWNER may annul the Notice of Award and the Bid Security of that Bidder
will be forfeited. The Bid Security of other Bidders whom OWNER believes to have
reasonable chance receiving the award may be retained by OWNER until the earlier
of the seventh day after the effective date of the Agreement or forty-five days after
the Bid Opening, whereupon Bid Security furnished the Bidders will be returned. Bid
Security with Bids which are not competitive will be returned.
7.0 AGREEMENT TIME
The number of days within which, or the date by which the Work is to reach Substantial
Completion and also completed and ready for Final Payment (the Contract Times) are
set forth in the Agreement.
8.0 LIQUIDATED DAMAGES
Provisions for liquidated damages are set forth in Section 00520.
9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT
The Contract, if awarded, will be on the basis of material and equipment described on
the Drawings or specified in the Specifications without consideration of possible
substitute or "or equal" items. Whenever it is indicated on the Drawings or specified in
the Specifications that a substitute or "or equal" item of material or equipment may be
furnished or used by CONTRACTOR if acceptable to ENGINEER, application for
acceptance will not be considered by ENGINEER until after the "effective date of the
Agreement". The procedure for submittal of any application by CONTRACTOR and
consideration by ENGINEER is set forth in the General Conditions which may be further
defined in the Supplementary Conditions.
10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS
10.1. Each Bidder shall submit at the Bid opening to OWNER a list of principal
subcontractors proposed for use in the Work. Refer to Section 00430 contained
within the Contract Documents. The Bidder may only use the subcontractors stated
in Section 00430 except in the event that the OWNER requires a change in
accordance with Section 10.2 below. Should the Bidder request a change to the
subcontractor list, OWNER approval shall be required. Proposed
subcontractor/supplier qualifications and references may be requested to be
submitted within 3 business days after bid opening. Subcontractor/supplier
responsibility will be determined in accordance with Section 8-160 of the Code of
the City of Fort Collins.
10.2. If OWNER or ENGINEER after due investigation has reasonable objection to any
proposed Subcontractor, either may, before the Notice of Award is given, request
the apparent successful Bidder to submit an acceptable substitute without an
increase in Bid price. If the apparent successful Bidder declines to make any
substitution, OWNER may award the contract to the next lowest responsive and
responsible Bidder that proposes to use acceptable subcontractors.
Subcontractors, suppliers, other persons or organization listed and to whom
OWNER or ENGINEER does not make written objection before the giving of the
Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to
revocation of the acceptance after the effective date of the Agreement as provided
in the General Conditions.
11.0 BID FORM
11.1. A copy of the Bid Form will be posted at http://www.bidnetdirect.com/colorado/city-
of-fort-col I i ns.
11.2. Bid Forms must be complete in ink or typed. All lump sum prices on the form must
be stated in words and numerals; in case of conflict, words will take precedence.
Unit prices shall govern over extensions of sums. Discrepancies between the
indicated sum of any column of figures and the correct sum thereof will be resolved
in favor of the correct sum. In the event that there are unit price items in a bid
schedule and the "extended amount" indicated for a unit price of a bid item does
not equal the product of the unit price and quantity listed, the unit price shall
govern, and the extended amount will be corrected accordingly. If there is more
than one bid item in a bid schedule, and the total indicated for the schedule does
not agree with the sum of prices of the individual bid items, the prices bid on the
individual items shall govern and the total for the schedule will be corrected
accordingly. The Contractor will be bound by said corrections.
11.3. Bids by corporations must be executed in the corporate name by the president or a
vice-president (or other appropriate officer accompanied by evidence of authority to
sign) and the corporate seal shall be affixed and attested by the secretary or an
assistant secretary. The corporate address and state of incorporation shall be
shown below the corporate name.
11.4. Bids by partnerships must be executed in the partnership name and signed by a
partner, the title must appear under signature and the official address of the
partnership must be shown below the signature.
11.5. Bids by joint venture shall be signed by each participant in the joint venture or by
an authorized agent of each participant. The full name of each person or company
interested in the Bid shall be listed on the Bid Form.
11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers
of which must be filled in on the Bid Form).
11.7. No alterations in Bids, or in the printed forms therefore, by erasures, interpolations,
or otherwise will be acceptable unless each alteration is signed or initialed by the
Bidder; if initialed, OWNER may require the Bidder to identify any alteration so
initialed.
12.0 BID PRICING
Bids must be priced as set forth in the Bid Schedule or Schedules.
13.0 SUBMISSION OF BIDS
13.1. Bids shall be submitted before the time and date stated in the Bid Documents or
any extension thereof made by addendum, electronically using Rocky Mountain E-
Purchasing System at the time and place indicated in the Invitation to Bid and
accompanied by the documents identified as required in Sections 00300 & 00400.
Bids received after the time and date for receipt of Bids will not be accepted.
Bidder shall assume full responsibility for timely delivery at the location designated
for receipt of Bids.
13.3. Oral, telephonic, telegraphic, physically mailed or delivered or facsimile Bids are
invalid and will not receive consideration.
13.4. No Bidder may submit more than one Bid. Multiple Bids under different names will
not be accepted from one firm or association.
14.0 MODIFICATION AND WITHDRAWAL OF BIDS
14.1. Bids may be modified or withdrawn at any time before the opening of Bids on
RMEPS.
14.2. Withdrawn Bids may be resubmitted up to the time designated for the receipt of
Bids provided that they are then fully in conformance with these Instructions to
Bidders.
15.0 BID OPENING
Bids will be opened and read aloud publicly as indicated in the Invitation to Bid. A Bid
Tally of the amounts of the Base Bids and major alternates (if any) will be made
available on RMEPS after the opening of Bids.
16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE
All Bids shall remain open for forty-five (45) days after the day of the Bid Opening, but
OWNER may, in his sole discretion, release any Bid before that date.
17.0 AWARD OF CONTRACT
17.1. OWNER reserves the right to reject any and all Bids, to waive any and all
informalities not involving price, time or changes in the Work, to negotiate contract
terms with the Successful Bidder, and the right to disregard all nonconforming,
nonresponsive, unbalanced or conditional Bids. Also, OWNER reserves the right to
reject the Bid of any Bidder if OWNER believes that it would not be in the best
interest of the Project to make an award to that Bidder, whether because the Bid is
not responsive, or the Bidder is unqualified or of doubtful financial ability or fails to
meet any other pertinent standard or criteria established by OWNER.
17.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether
or not the Bids comply with the prescribed requirements, and the alternates, unit
prices and other data, as may be requested in the Bid Form or before the Notice of
Award.
17.3. OWNER may consider the qualification and experience of Subcontractors,
Suppliers, and other persons and organizations proposed for those portions of the
Work as to which the identity of Subcontractors, Suppliers, and other persons and
organizations is submitted as requested by OWNER. OWNER also may consider
the operating costs, maintenance requirements, performance data and guarantees
of major items of materials and equipment proposed for incorporation in the Work
when such data is required to be submitted before the Notice of Award.
17.4. OWNER may conduct investigations as OWNER deems necessary to assist in the
evaluation of any Bid and to establish the responsibility, qualifications and financial
ability of the Bidder's proposed Subcontractors, Suppliers and other persons and
organizations to do the Work in accordance with the Contract Documents to
OWNER's satisfaction within the prescribed time.
17.5. If the Contract is to be awarded, it will be awarded to the lowest responsive and
responsible Bidder whose evaluation by OWNER indicates to OWNER that the
award will be in the best interest of the OWNER. The basis for award shall be as
noted in Section 00300. Only one contract will be awarded.
17.6. If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice
of Award within forty-five (45) days after the date of the Bid opening, or a mutually
agreed upon date.
18.0 PERFORMANCE & PAYMENT BONDS
The General Conditions and the Supplementary Conditions set forth OWNER's
requirements as to PerFormance and Payment Bonds. When the awarded
CONTRACTOR delivers the executed Agreement to the OWNER, it shall be
accompanied by the required contract bonds.
19.0 SIGNING OF AGREEMENT
When OWNER gives a Notice of Award to the awarded CONTRACTOR it will be
accompanied by the Agreement with all other written Contract Documents attached.
Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the
AGREEMENT and attached documents to OWNER with the required Bonds. Within ten
(10) days thereafter, OWNER shall deliver the executed AGREEMENT to
CONTRACTOR.
20.0 TAXES
OWNER is exempt from Colorado State Sales and Use Tax as applicable. Said taxes
shall not be included in the Contract Price.
21.0 RETAINAGE
Provisions concerning retainage are set forth in the Agreement.
22.0 INSURANCE
CONTRACTOR is responsible for providing the CITY with insurance as required in the
attached Agreement.
23.0 FEES, LICENSES, PERMITS
The successful CONTRACTOR shall be responsible for obtaining any necessary
licenses, fees or permits without additional expense to the City. All vehicles and
equipment shall be properly licensed and insured, carry the appropriate permits and be
placarded as required by law.
24.0 LAWS AND REGULATIONS
The CONTRACTOR agrees to comply fully with all applicable local, State of Colorado,
and Federal laws and regulations and municipal ordinances to include American
Disabilities Act (ADA). In performing the Services required hereunder, the
CONTRACTOR agrees to meet all the requirements of the Americans with Disabilities
Act of 1990, and all applicable rules and regulations (the 'ADA'), which are imposed
directly on the Manufacturer, or which would be imposed on the City as a public entity.
The CONTRACTOR agrees to be responsible for knowing all applicable requirements of
the ADA and to defend, indemnify and hold harmless the City, its officials, agents and
employees from and against any and all claims, actions, suits or proceedings of any kind
brought against said parties as a result of any acts or omissions of the CONTRACTOR
or its agents in violation of the ADA.
25.0 WARRANTY
CONTRACTOR warrants all equipment, materials, labor and other work, provided under
this Agreement, except City-furnished materials, equipment and labor, against defects
and nonconformances in design, materials and workmanship/workwomanship for a
period the longer of; 1) the original manufacturer's warranty; or 2) twenty four (24)
months from and after final acceptance under the Agreement, regardless of whether the
same were furnished or performed by CONTRACTOR or by any of its subcontractors of
any tier. Upon receipt of written notice from City of any such defect or
nonconformances, the affected item or part thereof shall be redesigned, repaired or
replaced by CONTRACTOR in a manner and at a time acceptable to City.
26.0 FORCE MAJEURE
No Party hereto shall be considered in default in the perFormance of an obligation
hereunder to the extent that performance of such obligation is delayed, hindered, or
prevented by force majeure. Force majeure shall be any cause beyond the control of
the defaulting Party which could not reasonably have been foreseen and guarded
against. Force majeure includes, but is not limited to, acts of God, fires, riots,
pandemics, incendiarism, interference by civil or military authorities, compliance with
regulations or orders of military authorities, and acts of war (declared or undeclared),
provided such cause could not have been reasonably foreseen and guarded against by
the defaulting Party. Force majeure shall not include increases in labor, commodity,
utility, material, supply, fuel, or energy costs, or compliance with regulations or orders of
civil authorities. To the extent that the performance is actually prevented, the
Manufacturer must provide written notice to the City of such condition within ten (10)
days from the onset of such condition.
27.0 STANDARD OF CONDUCT
The successful CONTRACTOR shall be responsible for maintaining satisfactory
standards of employees' competency, conduct, courtesy, appearance, honesty, and
integrity, and shall be responsible for taking such disciplinary action with respect to any
employee, as may be necessary.
The City may request the successful CONTRACTOR to immediately remove from this
assignment any employee the City identifies to be unfit to perform duties due to one or
more of the following reasons:
1. Neglect of duty.
2. Disorderly conduct, use of abusive or offensive language, quarreling,
intimidation by words or actions or fighting.
3. Theft, vandalism, immoral conduct or any other criminal action.
4. Selling, consuming, possessing, or being under the influence of intoxicants,
including alcohol, or illegal substances while on assignment for the City.
5. Acting in an unsafe manner
All City owned or operated facilities and their grounds are non-smoking sites. All City
parks, trails and natural areas are also non-smoking.
Agents and employees of CONTRACTOR working for the City shall present a clean and
neat appearance. Prior to performing any work for the City, CONTRACTOR shall require
each of their employees to wear ID badges or uniforms identifying: CONTRACTOR by
name, the first name of their employee and a photograph of their employee if using an ID
badge. Their employee shall wear or attach the ID badge to the outer garments at all
times.
28.0 ACCIDENT REPORTING
Any incident/accident resulting in damage to property or causing personal injury within
the limits of a work site shall be immediately reported to the appropriate police agency,
other required agencies, Project Manager and the City of Fort Collins Risk
Management Department.
The CONTRACTOR shall immediately contact the Utility Operator/Owner and the City
of Fort Collins when damage to an underground facility is identified. If a natural or
propane gas line is damaged, the CONTRACTOR must call 911 prior to notifying the
Utility Operator. The CONTRACTOR shall not backfill around the underground utility
line until the Utility Operator has repaired the damage and has given clearance to
backfill. The City of Fort Collins will not pay the CONTRACTOR for labor, vehicles,
material, or equipment or any other cost associated with the repair to any at-fault
damage. Failure to comply may result in a verbal warning, suspension of the crew, loss
of work, and/or termination of the Agreement.
29.0 SAFETY PRACTICES, SAFETY DOCUMENTATION AND TRAINING
CONTRACTOR shall comply with all engineering, safety, and operating requirements
concerning installation of equipment in, on or around utility facilities; obtaining access
facilities; and adhering to operating rules and requirements involving safe contact with
utility equipment and water, gas and power lines, and confined spaces. CONTRACTOR
shall adopt Utility's minimum safety standards as the baseline requirements.
CONTRACTORS safety record will be evaluated by the evaluation team as an element
of determining whether the CONTRACTOR is responsible. CONTRACTORS whose
safety record is above 1.0 for Experience Modification Rating (EMR) and 5.0 for Total
Recordable Incident Rate (TRIR) will be reviewed in depth and may be deemed
ineligible to be considered for award at the City's sole discretion.
CONTRACTORS shall complete the attached Contractor Safety Form, Section 00440.
30.0 UNSATISFACTORY OPERATIONS
Should it be necessary to halt the work because of incorrect or unsatisfactory
operations under the terms of the awarded contract or because of failure to follow
safety standards applicable hereto, the CONTRACTOR must take immediate steps to
remedy the deficiencies. Should repair or correction of any safety defect or deficiency
not be immediately undertaken and should the City of Fort Collins be required to protect
the site or make the repair or correction, the cost of such work shall be deducted from
payment due the CONTRACTOR.
31.0 PURCHASING RESTRICTIONS.
Purchasing restrictions: The Bidder's authorized signature of this Bid assures the
Bidder's compliance with the City's purchasing restrictions. A copy of the resolutions is
available for review in the Purchasing Division or the City Clerk's office.
A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires that
suppliers and producers of cement or products containing cement to certify
that the cement was not made in cement kilns that burn hazardous waste as
a fuel.
32.0 BID RESULTS
Bid results will be posted at http://www.bidnetdirect.com/colorado/city-of-fort-collins.
33.0 SCHEDULE
The anticipated schedule for this project is as follows:
Item Dates
Bid Issue Date September 20, 2023
Deadline for questions 3:00 PM MST
Se tember 29, 2023
Addendum issued October 4, 2023
Bids Due October 11, 2023
END OF SECTION
SECTION 00300
BID FORM
PROJECT: 9889 Meadow Springs Ranch Storage Facility Date:
In compliance with your Invitation to Bid dated , 20 and subject to all
conditions thereof, the undersigned a(Corporation, Limited Liability Company,
Partnership, Joint Venture, or Sole Proprietor) authorized to do business in the State
of Colorado hereby proposes to furnish and do everything required by the Contract
Documents to which this refers for the construction of all items listed on the following
Bid Schedule or Bid Schedules.
2. The undersigned Bidder does hereby declare and stipulate that this proposal is made
in good faith, without collusion or connection with any other person or persons Bidding
for the same Work, and that it is made in pursuance of and subject to all the terms and
conditions of the Contract Documents pertaining to the Work to be done, all of which
have been examined by the undersigned.
3. Accompanying this Bid is a Bid Bond in the sum of
($ ) in accordance with the Invitation to Bid and Instructions to
Bidders.
4. The undersigned Bidder agrees to execute the Agreement and a Performance Bond
and a Payment Bond for the amount of the total of this Bid within fifteen (15) calendar
days from the date when the written Notice of Award is delivered to the address given
on this Bid. The name and address of the corporate SURETY with which the Bidder
proposes to furnish the specified PerFormance and Payment Bonds is as follows: _
5. All the various phases of Work enumerated in the Contract Documents with their
individual jobs and overhead, whether specifically mentioned, included by implication
or appurtenant thereto, are to be performed by the CONTRACTOR under one of the
items listed in the Bid Schedule, irrespective of whether it is named in the list.
6. Payment for Work performed will be in accordance with the Bid Schedule(s) subject to
change(s) as provided in the Contract Documents.
7. The undersigned Bidder hereby acknowledges receipt of Addenda No.
through
8. COLORADO OPEN RECORDS ACT
The undersigned Bidder acknowledges that the City is a governmental entity subject
to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. ("CORA"). Any bids
submitted hereunder is subject to public disclosure by the City pursuant to CORA and
City ordinances. All submitted bids, Bid Forms, and the awarded contract will be
considered public records subject to disclosure under CORA. By responding to
this Bid, Contractor hereby waives any and all claims against the City relating to
CORA.
9. The undersigned Bidder hereby acknowledges the documents listed below are
required elements of the Bid and must be submitted with the Bid. The City may reject
any incomplete Bids as non-responsive.
❑ Bid Form (this Section 00300)
❑ Electronic Bid Bond (Item 3 above and Section 00410) for five (5) percent of the
base Bid amount
❑ Acknowledgement of Bid Addenda (Item 7 above)
❑ Statement of Bidder's Qualifications (Section 00420)
❑ Schedule of Subcontractors (Section 00430)
❑ Contractor Safety Form (Section 00440)
10. BID SCHEDULE (Base Bid)
At the City's option the basis of award is the low responsive and responsible Bidder
based on the total price for Base Bid or the total price for the Base Bid plus selected
Alternates. Please see Section 00050 for details.
11. PRICES
The foregoing prices shall include but is not limited to all labor, materials, overhead,
profit, insurance, etc., for completion of the Work.
Bidder acknowledges that the OWNER has the right to change items before award or
during Construction at their sole discretion without affecting the Agreement or prices
of any item so long as the deletion or change does not exceed twenty-five percent
(25%) of the total Agreement Price.
RESPECTFULLY SUBMITTED:
Legal Firm Name:
Physical Address:
Remit to Address:
Phone:
Name of Authorized Agent of Firm:
Signature of Authorized Agent:
Primary Contact for Project:
Title:
Email Address:
Phone: Cell Phone:
(Seal - if Bid is by corporation)
Attest:
Address
Telephone
Email
SECTION 00400
SUPPLEMENTS TO BID
00410 Bid Bond
00420 Statement of Bidder's Qualifications
00430 Schedule of Subcontractors
00440 Contractor Safety Form
SECTION 00410
BID BOND
KNOW ALL PEOPLE BY THESE PRESENTS: that we, the undersigned
as PRINCIPAL, and , as SURETY, are hereby held and firmly
bound unto the City of Fort Collins, Colorado, as OWNER, in the sum of $
($ ) for the payment of which, well and truly to be made, we hereby jointly and severally bind
ourselves, successors, and assigns.
THE CONDITION of this obligation is such that whereas the PRINCIPAL has submitted to the
City of Fort Collins, Colorado the accompanying Bid and hereby made a part hereof to enter into
a Construction Agreement for the construction of Fort Collins Project, 9889 Meadow Springs
Ranch Storage Facility.
NOW THEREFORE,
(a) If said Bid shall be rejected, or
(b) If said Bid shall be accepted and the PRINCIPAL shall execute the Contract attached
hereto (properly completed in accordance with said Bid) and shall furnish a BOND for
their faithful performance of the Agreement, and for payment of all persons performing
labor or furnishing materials in connection therewith, and shall in all other respects
perform the Agreement created by the acceptance of said Bid, then this obligation shall
be void; otherwise the same shall remain in force and effect, it being expressly
understood and agreed that the liability of the SURETY for any and all claims hereunder
shall, in no event, exceed the penal amount of this obligation as herein stated.
The SURETY, for value received, hereby stipulates and agrees that the obligations of the
SURETY and its BOND shall be in no way impaired or affected by any extension of the time
within which the OWNER may accept the Bid; and the SURETY does hereby waive notice of
any extension.
SURETY Companies executing bonds must be authorized to transact business in the State of
Colorado and be accepted by the OWNER.
IN WITNESS WHEREOF, the PRINCIPAL and the SURETY have hereunto set their hands and
seals this day of , 20 , and such of them as are corporations have caused their
corporate seals to be hereto affixed and these presents to be signed by their proper officers, the
day and year first set forth above.
PRINCIPAL
Name:
Address:
�
Title:
ATTEST:
�
SURETY
�
Title:
(SEAL) (SEAL)
SECTION 00420
STATEMENT OF BIDDER'S QUALIFICATIONS
All questions must be answered, and the data given must be clear and comprehensive. This
statement must be notarized. If necessary, questions may be answered on separate attached
sheets. The Bidder may submit any additional information if needed.
1. Name of Bidder::
2. When was Bidder's firm organized:
3. If your firm is a corporation, where is the firm incorporated:
4. How many years has the firm been engaged in the contracting business under the
present firm or trade name?
5. Provide a list of the contracts on hand: (list these, showing the amount of each contract
and the appropriate anticipated dates of completion.)
6. What is the general character of Work performed by your company:
7. Have you or a firm for which you were a principal ever failed to complete any Work
awarded to you?
If so, where and why?
8. Has the firm ever defaulted on a contract?
If so, where and why?
9. Is the firm debarred by any government agency?
If yes, list agency name.
10. Provide the background and experience of the principal members of your organization,
including officers:
11. Credit available: $
12. Bank Reference:
13. Will you, upon request, provide a detailed financial statement for your Company and
furnish any other information that may be required by the OWNER?
14. Is the firm licensed as a General Contractor, if applicable, in the City of Fort Collins?
15. Are any lawsuits pending against you or your firm at this time?
If yes, provide detail
16. REFERENCES
The undersigned Bidder shall provide three (3) completed or under construction project
references of similar scope and price from the past three (3) years. It is the City's
preference that the reference projects use the same Project Manager as the
CONTRACTOR is proposing for this project. It is preferred that references are from three
separate owners and shall include a brief project description, owner contact information
(name, title, email, and phone number), and total contract value. References may be
checked by the City and bids that do not include the required and satisfactory references
may be deemed non-responsive. The City reserves the right to request additional project
references at its sole discretion.
Project 1 Name:
Brief Description:
Contract Value:
Client:
Contact Name: Title:
Phone:
Project 2 Name:
Brief Description:
Contract Value:
Client:
Email:
Contact Name: Title:
Phone:
Project 3 Name:
Brief Description:
Contract Value:
Client:
Email:
Contact Name: Title:
Phone: Email:
17. The undersigned hereby authorizes and requests any person, firm or corporation to
furnish any information requested by the OWNER in verification of the recital comprising
this Statement of Bidder's Qualifications.
By signing below, the Contractor agrees that the answers to the foregoing questions and
all statements therein contained are true and correct.
Company:
By:
Title:
State of
County of
Printed:
Signed before me on , 20
QI
(Notary's official signature)
(Title of office)
(name(s) of individual(s) making statement).
(Commission Expiration)
SECTION 00430
SCHEDULE OF SUBCONTRACTORS
List all subcontractors and their corresponding Work items when performing over 10°/o of the total
bid.
WORKITEM SUBCONTRACTOR
SECTION 00440
CONTRACTOR SAFETY FORM
Please complete the following form to provide information about your Company's safety
records and procedures. This information will be included in the evaluation of the
submitted Bid. We reserve the right to request additional documentation, at any point,
that supports the accuracy of this form.
Contractor(s) safety record will be evaluated by the evaluation team as an element of
determining whether the Contractor(s) is responsible. Contractor(s) whose safety
record is above 1.0 for Experience Modification Rating (EMR) and 5.0 for Total
Recordable Incident Rate (TRIR) will be reviewed in depth and may be deemed
ineligible to be considered for award at the City's sole discretion.
Section 1. General Information
Company Name
Number of Full Time: Part Time: Seasonal:
Em lo ees
Insurance Carrier
Self-insured for Workers Compensation?
Y❑ N❑
Section 2. Health and Safet Professional Information
Does your company have a full-time dedicated Safety Officer?
Y❑ N❑
If es, provide the followin information for the dedicated Safet Officer:
Name:
Title:
Phone Number:
Email:
If no, provide the following information of the person responsible for safety in your
com an :
Name:
Title:
Phone Number:
Email:
Provide the followin information for the site safet Point of Contact:
Name:
Title:
Phone Number:
Email:
Section 3. Health and Safet Pro ram
Does your company have a written Company Safety Program?
Y❑ N❑
Does the written Company Safety Program cover the work activities proposed by your
company for this project?
Y❑ N❑
Does the written Company Safety Program include the following:
Health and Safety Training Y❑ N❑
Employee/Management Y ❑ N ❑
Responsibility
Hazard Recognition and Control Y❑ N❑
Incident Reporting and Investigation Y❑ N❑
Describe a typical job site safety briefing (time, location, frequency, topics,
documentation).
How does your company ensure health and safety program compliance throughout
the project?
Does your company perform written Job Hazard Analysis's (JHA's) regularly and
document them?
Y❑ N❑
How often does your company conduct Health and Safety audits or inspections?
Does your company have a written corrective action plan for any findings?
Y❑ N❑
Section 4. Traini
and Certifications
List s ecialized safet trainin emplo ees receive as needed:
Does your company maintain records of all safety training and certifications?
Y❑ N❑
Section 5. Safet E ui ment En ineered Controls
Will your company be performing any Trenching/Excavation and Confined Space
Activities?
Y❑ N❑
If es, list what rotective shorin e ui ment ou will have available for the 'ob site?
If entering Permit Required Confined Spaces (PRCS), such as vaults or sewers, what
is our procedure for these activities?
Section 6. Health and Safetv Records
List the Compan 's Experience Modification Rate EMR for the previous 3 ears
Year: EMR:
Year: EMR:
Year: EMR:
For any EMR greater than 1, provide an explanation for the rating and describe the
corrective action taken by the Company. Use additional pages if needed.
Provide the number of injuries and illnesses recorded (OSHA 300 log or equivalent) in
the revious 3 ears:
Calendar Year Year: Year: Year:
Number of Fatalities
Number of OSHA recordable cases
Number of OSHA modified duty cases
Number of OSHA lost time cases
OSHA Total Recordable Incident Rate
(TRI R)
Number of recordable cases x 200, 000
Number of hours worked
OSHA DART Rate (Days Away
Restricted or Transferred)
Number of DART cases x 200, 000
Number of hours worked
Average number of employees on
a roll
Have any OSHA citations been issued to your company in the past 3 years?
Y❑ N❑
If yes, list the citations and for each, provide the type of violation, an explanation for
the citation, the penalty issued, and describe the corrective action taken by the
Company. Limit your response to projects that have occurred in the Rocky Mountain
region. Use additional pages if needed.
SECTION 00500
AGREEMENTFORMS
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
SECTION 00510
NOTICE OF AWARD
DATE: [Date]
TO: [Contractor]
PROJECT: 9889 Meadow Springs Ranch Storage Facility
OWNER: CITY OF FORT COLLINS (hereinafter referred to as "the OWNER")
CONTRACTOR is hereby notified that your Bid dated fCONTRACTOR'S Bid Datel for the above
project has been considered. CONTRACTOR is the apparent successful Bidder and has been
awarded an Agreement for 9889 Meadow Springs Ranch Storage Facility.
The Price of the Agreement is ($ �.
One (1) copy of all Contract Documents accompany this Notice of Award. Additional copies of the
drawings may be requested from the Project Manager.
CONTRACTOR must comply with the following conditions within fifteen (15) days of the date of
this Notice of Award, that is by Date .
CONTRACTOR must deliver to the OWNER a fully executed Agreement complete
with authorized signature on the signature page.
2. CONTRACTOR must deliver with the executed Agreement the Contract Security
(Bonds) as specified in the Instructions to Bidders.
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.
Citv of Fort Collins
OWNER
By:
Gerry Paul
Purchasing Director
SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the fDay] day of Month in the year of 20 Year and shall be
effective on the date this AGREEMENT is signed by the City.
The City of Fort Collins (hereinafter called OWNER) and
fContractorl (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 9889 Meadow
Springs Ranch Storage Facility.
ARTICLE 2. CHANGE ORDERS
The City, may, at any time during the term and without invalidating the
Agreement, make changes to the particular services. Changes shall be agreed
upon in writing by the parties by Change Order, a sample of which is attached
hereto as 00950, consisting of one (1) page and incorporated herein by this
reference.
ARTICLE 3. ENGINEER
The Project has been designed by , who is hereinafter called ENGINEER
and who will assume all duties and responsibilities and will have the rights and
authority assigned to ENGINEER in the Contract Documents in connection with
completion of the Work in accordance with the Contract Documents.
ARTICLE 4. AGREEMENT TIMES
4.1. The Work shall be Substantially Completed by the CONTRACTOR, as
evidenced by the issuance of the Certificate of Substantial Completion,
within ( ) calendar days after the date of the Notice to Proceed.
4.2. The Work must be completed by the CONTRACTOR and ready for Final
Payment and Acceptance in accordance with Article 14 of the General
Conditions within ( ) calendar days after Substantial
Completion.
4.3. Liquidated Damages. OWNER and CONTRACTOR recognize that time is
of the essence of this Agreement and that OWNER will suffer financial loss
if the Work is not completed within the times specified in paragraphs 4.1
and 4.2 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. Accordingfy, instead of requiring any proof, OWNER and
CONTRACTOR agree that as Liquidated Damages for delay (but not as penalty)
CONTRACTOR shall pay OWNER the amounts set forth hereafter.
1) Substantial Completion. One Thousand dollars ($1,000) for each calendar
day or fraction thereof after the Substantial Completion date established in
Section 00530 Notice to Proceed until the work is Substantially Complete.
2) Final Payment and Acceptance: After Substantial Completion, Five Hundred
Dollars ($500.00) for each calendar day or fraction thereof after XX number
of calendar days until the Work is ready for Final Payment and Acceptance.
ARTICLE 5. AGREEMENT PRICE
5.1. OWNER shall pay CONTRACTOR for performance of the Work in
accordance with the Contract Documents as follows: ($ �, in
accordance with Section 00300, attached and incorporated herein by this
reference.
ARTICLE 6. 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.
6.1. 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 calculated on
the basis of the progress of the Work. I In the case of Unit Price Work,
progress payments will be based on the number of units completed and
pricing will be in accordance with the Bid Form, Section 00300.
6.1.1. APPLICATION FOR PAYMENT
Applications for Payment should be emailed monthly to
invoices(a�fcqov.com with a copy to the Project Manager. The cost of
the work completed shall be paid to the Contractor each month
following the submittal of a correct invoice completed in accordance
with the Application for Payment, Section 00960.
Payments will be made using the prices stated in the Work Order. In
the event a service is requested that is not stated in the Work Order,
the Contractor and the City will negotiate an appropriate unit price for
the service before the Contractor initiates the work.
The City pays invoices on Net 30 terms.
6.1.2. Before 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 Article 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 before 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 Article 14.2 of the General Conditions) may be
included in the Application for Payment 00960.
6.1.3. Upon Substantial Completion payment will be made in an amount
sufficient, if necessary, to increase total payments to CONTRACTOR
to 95% of the Contract Price, less amounts as ENGINEER shall
determine or OWNER may withhold in accordance with Article 14.7
of the General Conditions or as provided by law.
6.2. FINAL PAYMENT AND ACCEPTANCE. Upon Final Payment and
Acceptance of the Work in accordance with Article 14.13 of the General
Conditions, OWNER shall pay the remainder of the Contract Price as
recommended by ENGINEER as provided in Article 14.13.
ARTICLE 7. CONTRACTOR'S REPRESENTATION
To induce OWNER to enter into this Agreement, CONTRACTOR makes the
following representations:
7.1 CONTRACTOR has familiarized himself with the nature and extent of the
Contract Documents, Work, site, locality, local conditions, and all applicable
Laws and Regulations that in any manner may affect cost, progress,
perFormance or furnishing of the Work.
7.2. 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.
7.3. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all examinations,
investigations, explorations, tests, reports, studies, and subsurface or
physical conditions, identified in the Supplementary Conditions, 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.
7.4. 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 the Underground Facilities. No
additional examinations, investigations, explorations, tests, reports, studies
or similar information or data in respect of the 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 Article 4.3 of the General Conditions.
7.5. CONTRACTOR has correlated the results of all observations, examinations,
investigations, tests, reports and data with the terms and conditions of the
Contract Documents.
7.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies that he has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
ARTICLE 8. CONTRACT DOCUMENTS
8.1. The Contract Documents which comprise the entire Agreement between
OWNER and CONTRACTOR concerning the Work consist of the General
Conditions and Supplementary Conditions. Contract Documents are further
defined in Article 1.10 of the General Conditions and other items as stated
below, all of which are incorporated herein by this reference.
8.2. Forms for use by CITY and/or 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:
8.2.1.
8.2.2
8.2.3.
8.2.4.
8.2.5.
8.2.6.
8.2.7.
8.2.8.
8.2.9.
8.2.10
8.2.11
8.2.12
8.2.13
8.2.14
8.2.15
8.2.16
Section 00300 Bid Form
Section 00050 Scope of Work
Section 00420 Statements of Bidders Qualifications
Section 00430 Schedule of Subcontractors
Section 00510 Notice of Award
Section 00520 Agreement
Section 00530 Notice to Proceed
Section 00610 Performance Bond
Section 00615 Payment Bond
Section 00630 Certificate of Insurance
Section 00635 Certificate of Substantial Completion
Section 00640 Certificate of Final Acceptance
Section 00650 Lien Waiver Releases
Section 00660 Consent of SURETY
Section 00700 General Conditions
Section 00800 Supplementary Conditions
8.2.17. Section 00950 Agreement Change Order
8.2.18. Section 00960 Application for Payment
8.3. Reports & Drawings, consisting of a cover sheet and sheets numbered as
follows:
Attachment 1- Proposed Site Location
Attachment 2- Soils Report
ARTICLE 9. MISCELLANEOUS
9.1. Terms used in this Agreement which are defined in Article I of the General
Conditions shall have the meanings indicated in the General Conditions.
9.2 No assignment by a party hereto of any rights, obligations or interests in or
under the Contract Documents will be binding on another party hereto
without the prior 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 consent 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 Documents. Any assignment without the
required prior written consent of the OWNER, shall be deemed null and
void and have no effect.
9.3. 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,
promises, and obligations in this Agreement and in the Contract
Documents.
9.4 To the extent this Agreement or any provision in it constitutes a multiple
fiscal year debt or financial obligation of the OWNER, it shall be subject to
annual appropriation by OWNER'S City Council as required in Article V,
Section 8(b) of the City Charter, City Code Section 8-186, and Article X,
Section 20 of the Colorado Constitution. The OWNER shall have no
obligation to continue this Agreement in any fiscal year for which no such
supporting appropriation has been made.
9.5 The laws of the State of Colorado, the City of Fort Collins Charter and
Municipal Code, shall govern the construction, interpretation, execution,
and enforcement of this Agreement without regard to choice of law or
conflict of law principles. The Parties further agree that Larimer County
District Court is the proper venue for all disputes. If the OWNER
subsequently agrees in writing that the matter may be heard in federal
court, venue will be I Federal District Court in Denver, Colorado.
9.6 All notices provided under this Agreement shall be effective immediately
when emailed or three business days from the date of the notice when
mailed to the following addresses:
Contractor:
Attn:
Email Address
OWNER: CITY OF FORT COLLINS
By:
Kelly DiMartino, City Manager
(over $1,000,000)
�
Gerry Paul, Purchasing Director
City:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
Email Address
Date:
Attest:
Copy to:
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
purchasing�a fcqov.com
CONTRACTOR: [CONTRACTOR]
�
PRINTED
Title:
Date:
(CORPORATE SEAL)
Attest:
Approved as to Form:
SECTION 00530
NOTICE TO PROCEED
9889 Meadow Springs Ranch Storage Facility
Description of Work:
To: [CONTRACTOR]
This notice is to advise you:
That the Agreement covering the above described Work has been fully executed by the
CONTRACTOR and the OWNER.
That the required CONTRACTOR's PerFormance Bond and Payment Bond have been received
by the OWNER.
Therefore, as the CONTRACTOR for the above described Work, CONTRACTOR is hereby
authorized and directed to proceed with the Work to begin on .
The dates for Substantial Completion and Final Acceptance shall be , 20 _and
, 20 , respectively.
Dated this day of , 20 .
City of Fort Collins
OWNER
By:
Title:
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this day of
, 20
CONTRACTOR: [CONTRACTOR]
By:
Title:
SECTION 00600
BONDS AND CERTIFICATES
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00660 Consent of SURETY
00670 Application for Exemption Certificate
SECTION 00610
PERFORMANCEBOND
Bond No.
KNOW ALL PEOPLE BY THESE PRESENTS: that
(firm)
(address)
(an Individual), (a Partnership), (a Corporation) (a Limited Liability Company), hereinafter
referred to as the "PRINCIPAL" and
(Firm)
(Address)
hereinafter referred to as "the SURETY", are heid and firmly bound unto City of Fort Collins, 300
Laporte Ave, Fort Collins, Colorado 80522, a home rule municipality, hereinafter referred to as
the "OWNER", in the penal sum of ($ ) in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the PRINCIPAL entered into
a certain Agreement with the OWNER, dated the �Davl day of Month in the year of 20 Year , a
copy of which is hereto attached and made a part hereof for the performance of the City of Fort
Collins Project, 9889 Meadow Springs Ranch Storage Facility.
NOW, THEREFORE, if the PRINCIPAL shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of the Agreement during the
original term thereof, and any extensions thereof which may be granted by the OWNER, with or
without any notice to the SURETY and during the life of the guaranty period, and if the Principal
shall satisfy all claims and demands incurred under the 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 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 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 PRINCIPAL 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 this day of , 20
IN PRESENCE OF:
(Title)
(Corporate Seal)
IN PRESENCE OF:
IN PRESENCE OF:
(SURETY Seal)
PRINCIPAL
(Title)
(Address)
Other PARTNERS
By:
By:
SURETY
By:
(Address)
NOTE: Date of Bond must not be before date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
Attach to form when submitted: Power of Attorney and Certificate of Authority of
Attorney(s)-in-Fact
SECTION 00615
PAYMENT BOND
Bond No.
KNOW ALL PEOPLE BY THESE PRESENTS: that
(firm)
(address)
(an Individual), (a Partnership), (a Corporation) (a Limited Liability Company), hereinafter
referred to as the "PRINCIPAL" and
(Firm)
(Address)
hereinafter referred to as "the SURETY", are held and firmly bound unto the City of Fort Collins,
300 Laporte Ave., Fort Collins, Colorado 80522 1 a home rule municipality, a home rule
municipality, hereinafter referred to as "the OWNER", in the penal sum of ($ � in
lawful money of the United States, for the payment of which sum well and truly to be made, we
bind ourselves, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the PRINCIPAL entered into
a certain Agreement with the OWNER, dated the fDay] day of Month in the year of 20 Year , a
copy of which is hereto attached and made a part hereof for the performance of the City of Fort
Collins Project, 9889 Meadow Springs Ranch Storage Facility.
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 the Agreement and any authorized extension or modification thereof,
including but not limited to, all amounts due for materials, lubricants, repairs on machinery,
equipment and tools, consumed, rented or used in connection with the construction of the Work,
and all insurance premiums on the Work, and for all labor, performed in the Work whether by
subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force
and effect.
PROVIDED, FURTHER, that the 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 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 PRINCIPAL 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 this _ day of , 20
IN PRESENCE OF: PRINCIPAL
(Title)
(Corporate Seal)
(Title)
(Address)
IN PRESENCE OF: Other PARTNERS
By:
�
IN PRESENCE OF: SURETY
By:
(SURETY Seal)
(Address)
NOTE: Date of Bond must not be before date of Agreement. If CONTRACTOR is
Partnership, all partners should execute Bond.
Attach to form when submitted: Power of Attorney and Certificate of Authority of
Attorney(s)-in-Fact
SECTION 00630
CERTIFICATE OF INSURANCE
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.
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, insurance as the City may deem proper
and may deduct the cost of the insurance from any monies which may be due or become due the
CONTRACTOR under this Agreement.
Insurance certificates should show the certificate holder as follows:
City of Fort Collins
Purchasing Division
PO Box 580
Fort Collins, CO 80522
The City, its officers, agents and employees shall be named as additional insureds on the
CONTRACTOR's general liability and automobile liability insurance policies by marking
the appropriate box or adding a statement to this effect on the certificate, for any claims
arising out of work performed under this Agreement.
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 & Employer's Liability insurance
shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate,
and $100,000 disease each employee, or as required by Colorado law.
B. General Liabilitv. The CONTRACTOR shall maintain during the life of this Agreement such
General Liability 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 General Liability,
shall not be less than $1,000,000 combined single limits for bodily injury and property
damage.
C. Automobile Liability. The CONTRACTOR shall maintain during the life of this Agreement
such 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 Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily
injury and property damage.
D. Builder's Risk. The CONTRACTOR shall maintain during the term of this Agreement
builder's risk insurance in the amount of full insurable replacement cost. The insurance
shall:
Be written on a builder's risk "all risk" policy form that shall at least include insurance for
physical loss or damage to the Work, temporary buildings, falsework, and materials and
equipment in transit, and shall insure against at least the following perils or causes of loss:
fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke;
theft; vandalism and malicious mischief; earthquake and other earth movement; flood;
collapse; explosion; debris removal; demolition; and water damage (other than that
caused by flood).
Cover, as insured property, at least the following: (a) the Work and all materials, supplies,
machinery, apparatus, equipment, fixtures, and other property of a similar nature that are
to be incorporated into or used in the preparation, fabrication, construction, erection, or
completion of the Work, including OWNER-furnished or assigned property; (b) spare parts
inventory required within the scope of the Contract; and (c) temporary works which are not
intended to form part of the permanent constructed Work but which are intended to provide
working access to the Site, or to the Work under construction, or which are intended to
provide temporary support for the Work under construction, including scaffolding, form
work, fences, shoring, falsework, and temporary structures
E. Subcontractors. 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.
F. Primary Coveraqe. For any claims related to the Agreement, CONTRACTOR's insurance
shall be primary coverage, and any insurance or self-insurance maintained by the City, its
officers, agents and employees shall be in excess of the CONTRACTOR's insurance and
shall not contribute with it.
G. Waiver of Subrogation. CONTRACTOR will grant to the City a waiver of any right of
subrogation which any insurer of CONTRACTOR may acquire against the City by virtue
of any payment of any loss. CONTRACTOR agrees to obtain any endorsement that may
be necessary to affect this waiver of subrogation, but this provision applies regardless of
whether or not the City has received a waiver of subrogation endorsement from the
insurer.
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 TITLE: 9889 Meadow Springs
Ranch Storage Facility
PROJECT OR SPECIFIED PART SHALL
INCLUDE:
LOCATION: Fort Collins, Colorado
OWNER: Citv of Fort Collins
CONTRACTOR: fContractorl
AGREEMENT DATE: fDatel
The Work performed under this AGREEMENT 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 have achieved Substantial
Completion on the above date.
Pursuant to the Contract Documents, CONTRACTOR has provided the following items, where
applicable:
0 Record Drawings (ie. final as-builts)
� Operations & Maintenance Manuals
0 All applicable training
0 Commissioning
� Third Party Warranties
0 Owner's Extra Stock & Parts
� Keys
� Other:
0 Other:
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.
OWNER AUTHORIZED REPRESENTATIVE
DATE
The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to
complete and correct the items on the tentative list on or before the Final Acceptance and
Completion date of , 20 .
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
, 20 .
CITY OF FORT COLLINS, COLORADO By:
OWNER AUTHORIZED REPRESENTATIVE
DATE
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE AND COMPLETION
Month, day , 20
TO: [CONTRACTOR]
You are hereby notified that on the day of , 20_, the City of
Fort Collins, Colorado, has accepted the Work completed by fCONTRACTOR] for the City of
Fort Collins Project, 9889 Meadow Sprinqs Ranch Storaqe Facility.
Pursuant to the Contract Documents, CONTRACTOR has provided the following items:
A. All documentation called for in the Contract Documents, including without limitation
certified payrolls as required for state or federally funded projects;
B. Consent of the SURETY, if any, to final payment;
C. Satisfactory evidence that all title issues have been resolved such that title to all Work,
materials, and equipment has passed to OWNER free and clear of any Liens or other
title defects or will so pass upon final payment.
D. A list of all disputes that CONTRACTOR believes are unsettled; and
E. Complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien
rights arising out of the Work, and of Liens filed in connection with the Work.
Your continuing obligations and guarantees for the Project will be as provided in the Contract
Documents.
OWNER: Citv of Fort Collins
�
Title:
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: Citv of Fort Collins, Colorado (OWNER)
FROM: fCONTRACTORI (CONTRACTOR)
PROJECT: 9889 Meadow Springs Ranch Storage Facility
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 the 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 attorney's
fees, incurred as a result of such claims.
5. The parties acknowledge that the description of the project set forth above constitutes an
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 Payment and
Performance Bonds for the project.
Signed this date , day of month , 20
ATTEST:
Secretary
STATE OF
COUNTY OF
CONTRACTOR: fCONTRACTORI
�
Title:
)
)ss.
)
Subscribed and sworn to before me this
date day of month 20 , by _ printed name of notary
Witness my hand and official seal.
Signed and sworn to [or affirmed] before me on , 20
by (name(s) of individual(s) making statement).
(Notary's official signature)
(Title of office)
(Commission Expiration)
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER")
CONTRACTOR: fCONTRACTORI
PROJECT: 9889 Meadow Springs Ranch Storage Facility
AGREEMENT DATE: Date
In accordance with the provisions of the Agreement between the OWNER and the
CONTRACTOR
as indicated above, for
(SURETY)
on bond numbers
hereby approves of the Final Payment to the CONTRACTOR and agrees that Final Payment to
the CONTRACTOR shall not relieve the SURETY of any of its obligations to the OWNER, as set
forth in the SURETY's Bonds.
IN WITNESS WHEREOF, the SURETY has hereunto set its hand this date day of
month , 20 .
(SURETY)
By:
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact.
State of
County of
This record was acknowledged before me on , 20 _
by as (type of authority, such as officer or trustee) of
(name of party/entity on behalf of whom record was executed).
(name of officer or agent, title of officer or agent) of (name of corporation acknowledging)
a(state or place of incorporation) corporation, on behalf of the corporation.
(Notary's official signature)
(Title of office)
(Commission Expiration)
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
III I I I II I I II I I I I I I I I I I I I I I I I II DR 0172 i06/03l22)
DOnvOeRC08026PA00 9ENTOFREVENUE
1 4 01 7 2 1 9 9 9 9 rax.Co/orado.gov
Page 1 of 1
Contractor Application for Exemption Certificate
This exemption does not include or apply to the purchase Any unauthorized use of the exemption certificate will
or rental of equipment, supplies, and materials which are result in revocation of your exemption certificate and other
purchased, rented, or consumed by the contractor and penalties provided by law.
which do not become a part of the structure, highway, q separate certificate is required for each project.
road, street, or other public works owned and used by the
exempt organization.
Fax completed forms and contracts to 303-20�2376 or mail to: Colorado Department of Revenue; Denver, CC7 80261-0009
Failure to accurately complete all boxes of the form or provide all supporting documentation will cause the
application to be denied.
Must be com leted b a licant
Contractor Information
Trade name/DBA
Owner, partner or corporate last name First Name Middle Initial
MailingAddress City State ZIP
E-Mail Address FEI N Bid amount for your contract (Must match to the penny)
$
Fax number Business Phone number
Coloradowithholding tax account number
If your company does not have a Colorado withholding tax account number check the option below that applies (See instructions)
❑ Subsidiary ❑ Subcontractors ❑ StaffingAgency ❑ No employeeslsubcontractors (see below)
No Employees/Subcontractors. (Provide explanation or attach a letter of explanation).
Exem tion Information
*"Attachment Required** Copies of contract or agreement page, identifying the contracting parties, bid amount, type
of work, and si natures of contractin arties must be attached
Name of exempt organization (as show on contract) Exempt organization's number (See instructions)
98
Address of exempt organization City State ZIP
Principal contact at exempt organization-Last Name First Name Middle Initial
Housing Authority (if applicable) Name of Project (if applicable)
Owner of the Project (if applicable)
Physical location of project site (give actual address when applicable and Cities and/or County(ies) where project is located)
City State ZIP Principal contact's telephone number
Scheduled construction start date (iwr�i�o; n� Estimated completion date �n�r.�;oory r� (See instructions)
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 the business owner, partner or corporate officer Title of corporate officer Date �Nina�oc;�vv�
ii iiii ii iiii ii iiiiii iiii ii
DO NOT SEND
DR 0172(06/03l22)
COLORADO DEPARTMENT OFREVENUE
Denver CO 80261 - 0009
(303) 238-SERV (7378)
Form Instructions
Accurately complete all applicable fields. Additional information for specific fields is available below.
Contractor Information:
Colorado Withholding Account Number
A Colorado Rccount Number (CAN) should be provided in
this field. If your company does have a(CAN) review the
options listed below. Applications that are left blank or list
N/Awill not be processed.
Subsidiary:
This box is marked when a subsidiary is using the parenYs
withholding account number (only when it does not have its
own.) Provide the parents CAN.
Subcontractor:
This box is marked when a contractor does not have
employees of their own and outsources their employees
through a subcontractor. List the subcontractor or
subcontractors name and CAN(s).
Staffing Agency:
This box is marked when a contractor does not have
employees of their own and outsources their employees
through a staffing agency. Provide the Staffing Agency's
name and CAN.
No employeeslno subcontractors
For contractars with no employees, no subcontractorsl
staffing agencies:
Write no employees in the (CAN} box and provide an
explanation. For example, I have no employees or
subcontractors and perForm all of the work myself.
Attachment Required
Contract (agreement, purchase order, award letter)
Each application must include a copy of the contract or
agreement to include the following information:
• The type and scope of work
• Bid amount (the same amount to the penny should
be listed on your application)
• Project start and estimated completion dates.
• Is signed by contracting parties involved in the
project including the exempt organization.
Exemption Information:
Exempt Organization's Number
An exempt organization's Golorado exemption account
number will begin with a"98".
Contact the exempt organization to obtain or verify this
information prior to submitting your application.
Failure to provide this number will cause your application to
be rejected.
Scheduled Construction Start and Estimated
Completion Dates
Enter the start and completion dates in these fields.
Ensure the completion dates listed on the application can
be validated by your contract, award letter, agreement or
purchase order.
iii iiii iiiiii ii iiiiii iiiiii
DO NOT SEND
Purpose of this applicatian
DR 0172 {06/03122)
COLORADO DEPARTMENT OF REVENUE
Denver CO 60261 - 0009
(303) 238-SERV (7376)
Special Notice
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 a 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 project.
Subcontractors:
Subcontractors will not be issued Certificates of Exemption
by the Department of Revenue. Upon receipt of the
Certificate, the prime contractor should make a copy for
each subcontractor involved in the project and camplete
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.
Application Requirements (Checklist)
Prevent your application from being returned.
❑ Read the Special Notice
❑ Complete an application for each project.
❑ Accurately complete all applicable fields. (Read
Instructions)
❑ Attach a copy of the contract or agreement page,
identifying the contracting parties, bid amount, type
of work pertormed. This must include the signature
of the Exempt Organization.
❑ Bid amount on Contract or Agreement page
matches the amount listed on the application (to the
pe nny)
❑ The exempt organization's 98 number was provided
and is correct.
❑ Ensure the completion dates listed on the
application can be validated by your contract, award
letter, agreement or purchase order.
❑ Sign the DR 0172 (Contractor Application for
Exemption Certificate).
See FYI Sales 95 for information about qualifying affordable
housing projects.
SECTION 00700
GENERAL CONDITIONS
Ce� �1U �1:7� r[K�]U 1] M Y[�7►[.y
C�] BII Y:I �!
:K�7►[.�1 Y:i11�71 Y [�J►[K�J►Y Y:7��7111
These GENERAI, CONDITIONS have Ueen developed by using the
ST,IND�RI) GEN�R4L CONDITIONS OF THE CONSTRUCTTON
CONTRACT prepared Uy the Engineers Joint Contract Dociunents
Committee. EJCDC No. 1910-8 (1990 Editionj, as a 6ase. Changes to
that document are shown Uy underlining text that has been added and
striking through tett that has been cleleted.
EJGDC GENERAI, CONDITIONS 1910-8 (1990 EDITIOI�
WITH CITY OF FORT COLLINS MODIFTCATIONS (REV 9/99)
TABLE OF CONTENTS OF GENERAL CONDITIONS
Article or Paragraph
Niunber &; Title
Page Articla or Paragraph
Number Number & Title
DEFINITIONS ...... .... ...... ... _ ........ . _..............
1.1 Addenda .....................................
12 Agrzement......_ ..........................
1.3 Application for Payment ..............
1.4 AsUestos .....................................
1.5 Bid ............................................
1.6 $idding Documents.,.,._ ..............
1.7 �iddin� Requirements .................
1.8 Bonds V ......................................
19 Change Order ........................_...
1.10 Contract Documents
1.11 Cantract Price
1.12 Contract Tunes ..............._.,_..,.,.
1.13 CONTRACTOR
1.14 defectire .....................................
1. I 5 I1r awin� s . . . .. . . . . . . .. . . . . . .. . . . . . .. . . .... . ..
1.16 Effective Date of the tlgreement,..
1.17 ENGIlVEER ................................
1.18 ENGINEER's Consultant._....,,....
1.19 Field Order
120 General Requirements,,,,,,,,,,,,,,,,,
L21 Hazardous �'aste
L22.a Laws and Regulations; Laws or
Regulations ......... .... ..... .... ........
1?2.b Legal Holidays ............................
1.23 Liens
...........
124 Milastone
1.25 Notice of Award
1.2b Noticz to Procead
1.27 O\NNER .....................................
128 Partial Utilization
1.29 PCBs _ .......................................
1.30 Petroleum ...................................
1.31 Project ........................................
1.32a Radioactive Material
1.�2.b Regular LUorking Hours ...............
1.33 Resicient Project Representative.,..
134 Samples ......................................
1.35 Shop Drawings .................._.......
1.36 Specifications .............................
1.37 Subcontractor .............................
1.38 SuUstantial Completion,,,,,,,,,,,,,,,
1.3y Supplementary Conditions..._.......
1.40 Supplier ......................................
1.41 Undzrground Facilities ................
1.�2 Unit Price ti�'ork
1.43 Work
1.44 Work Change Directive ...............
1.4ti ��/ritten Amendment
1
I
1
1
1
]
1.
1
1
1
1
1
........1
1
....
1
1
1
1
1
I
?
�
_2
.......�
�
-
�
:,
....-
�
_..__�
2
�
-
_2
�
?
�
2
?
2
.....�
........�
�
'
?
�
`3
3
?
3
Page
Number
2. PRELINIINARY NL4TTERS ......... _....... _............ 3
?.1 Delivery of Bonds ............................ 3
2.� CopiesofDocuments.._ ................._.3
2.3 Commencement of Gontract
Times; Notice to Proceed ............... 3
2.4 Starting the Work,,,,,,,,,,,,,,,,,,,,,,,,,,, 3
2.5-?.7 13afore Starting Construction;
CONTR4CTOR's Responsibility
to Report; Preliminary Scheahles;
Delivery of Certificates of
Insurance 3-4
.....
2.b Preconstruction Conference 4
?.9 Initially AcceptaUle Schedules.,_..,_..4
3. CONTR4CT DOCiJMENTS: INTENT,
.4n�ND1NG, R�USE ..........................................�
3.1-,2 Intent ............................................. �
3.3 Referance to Standards and Speci-
fications of Technical Societies;
Reporting and Resolving Dis-
crepancies 4-5
...
3.4 Intent of Certain Terms or
Aclj ectives 5
_ .......
3.5 .�n ending Contract Docun ents. ,... __.. 5
3.6 Supplementing Contract
Documents ................................... S
3.7 Reuse of Docum ents 5
4. AVAILABILITY OF LfaNDS;
SUBSURFaCE AND PHYSICAI, CONDITIONS;
REFERENCE POINTS S
-
4.1 AvailaUility of Lands_ ...................5-6
42 Subsurface and Physical
Conclitions 6
......
42.1 Reports and Drawin�s ..................... 6
�2.2 Lun ited Reliance by CONTRAC-
TOR Authorized; Technical
Data.............................................6
4.2.3 Notica of Differing SuUsurface
or Physical Conditions,,,,,,,,,,,,,,,,,, 6
4.24 ENGINEER's Review 6
4.?.5 Possible Contract Docusuents
Change....................................... _ 6
42.6 PossiUle Price and Times
Acljustm ents .............................. 6-�
43 Physical Conditions--Unclerground
Facilities 7
_........
4.�.1 Sho���n or Indicated ..........................7
4.3.2 Not Sho�h�n or Indicatad 7
4.4 Reference Points 7
EJCDC GENERAL CONDITIGNS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (RLV 9/99)
Article or Paragraph Page Article or Paragraph Page
Nwnber �: Title Number NwvUer d: Title Num�r
�.5 Asbestos, PCBs, Petroleum,
Hazardous �Vaste or
Radioacti�re Nlaterial .................... 7-8
6.�5
6.26
6.27
6.28
6.29
6.30
631-6.33
6.34
SuUmittal Proceedures; CON-
TRAC.TOR's Review Prior
to Shop Drati��ing or Sample
Submittal 16
......
Shop Drawing � Sample �ubmit-
tals Revie�v by ENGINEER,,..,,16-17
Responsibility for Variations
From Contract Docwuents...,_..._.17
Related Work Performed Prior
to ENGINEER's Review and
Approval of Required
Subm ittals ...................................17
Continuing the Work ......................17
CONTRACT012's General
Warranty and Guarantea ...............17
Indemnification 17-18
Survival of Obligations ...................18
S. BONDS 1aND INSLTRANCE ................................. 8
�.l-�.2 Performance, Payment and Othar
Bonds...............................................R
53 Licensed Sureties and Insurers;
Certificates of Insurance 8
5.4 CONTRACTOR's Liability
.
nsuranc.e ........... .... . .... . .... ........ ... . . ....9
�.5 OWNER's Liability Insurance ...............9
S.ti PropertyInsurancz ......................_„9-lfj
�.7 Boiler and Machinary or Addi-
tional Property Insurance..... _.. _. _......10
�.8 Notice of Cancellation Provision 10
5.9 CONTRt1CTOR's Responsibility
for Deductible .4mounts 10
S.1G Other Special Insurance ...................._10
5.11 Waiver of Rights ...............................11
5.12-S.li Receipt and Application of
Insurance Proceeds 10-I1
�.14 Acceptance of Bonds and Insu-
ance; Option to Replace ....................11
51J Partial Utilization--Property
Insurance . ..... ..... . . .. ..... ..... ........ ... ....11
6. CONTR4CTOR'S RESPONSIBILITIES ,,,,,,,,,,,,,,,11
6.1-62 Supervision and Superintendence....... 11
6.3-6.� Labor, Materials and Equipment... 11-12
6.6 Progress Schedule ..............................12
6.7 Substitutes and "Or-Equal" Items;
CONTR�ICTOR's Expense;
Substitute Construction
Methods or Procedures;
ENGINEER's Evaluation 12-13
6.8-6.11 Concerning Subcontractors,
Suppliers and Others;
Waiver of Rights .........................li-14
6.12 Patent Pees and Royalties,,,,,,,,,,,,,,,,,,,,14
6.13 Permits 14
...............
6.14 La�vs and Regulations ........................14
6.15 Taaes 14-I S
.............
b.16 UseofPremises 15
...
617 Site Cleanlinass 15
...
6.18 Safe Structural Loading ..................._ 1�
6.19 RecordDocuments.,_.,,..,_,,,,,,,,,,,,,,,,,15
6.2u Safety and Protection,_,,,,,,,,,,,,,,,,,,15-16
621 SafetyRepresentative_...._....._........,...16
6.22 Hazard Communication Programs,,..,, 16
62� Emergencies .....................................lti
624 Shop Dra���ings and Samples.__..._..._.16
7. OTHER WORI� .................................................1 �
7.1-7.3 Relatecl Work at Site .......................1S
7.4 Goc�rdination .................................lti
8. OWNER'S RESPONSIBILITIES .........................12;
8.1 Communications to CON-
TRACTOR .................................18
8.2 Replacement of ENGINE�R,.,,..,....,18
8.3 Furnish Data andPay Promptly
When Due ..................................1$
R.4 Lanas and Easements; Reparts
and Tests ...............................18-19
8.5 Insurance...... _....... _...... _....._..... _.19
8.6 Change Orders ...............................19
8.7 Inspactions, Tests and
Approvals. _ ................................19
8.8 Stop ar Suspend Work,
Terminata CONTRACTOR's
Services ......................................19
£9 Limitations on Ot�R'S
Responsibilities„,,,,,,,,,,,,,,___.,,_.,,19
8.10 Asbestos, PCBs, Petrolaum,
Hazardous LUaste or
Raclioactive Material ....................19
8.11 Evid�nce of Financgl
Arrangemznts ............................. 19
9. ENGINEER'S ST.�TUS DURBVG
CONSTRLiCTION ... ..... ................... ...... ..... ..... .. 19
9.1 01VNER's Representative,,,,,,,,,,,,,,, 19
92 Visits to Site .............._,,............__.19
9.3 Project Representati�e ............. 19-21
9.4 Clarifications and Interpre-
tations ..... .... ...... ........ . ... ........ ......21
9.5 Authorized Variations in 4�rk 21
iii EJCDC GENERAI. CONDITIONS 1910-8 (1990 EDITIOl�
w/ CITY OP PORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph Page Article or Paragraph Page
NumUer & Title NumUer NLunUer & Title NumUer
9.6 RejectingDefectivz Work.,....,..,
9.7-9.9 Shop Dra�vings, Change Orders
and Paym ents ..........................
9.10 Determinatirns for Unit Prices
9.11-9.12 Decisions on Disputes; ENGI-
NEER as Initial Interpreter. _. , ,
9.13 Limitations on ENGINEER's
Authority and Responsibilities
CHANGES IN THE L��ORK
10.1 OWNER's Orderec] Change,,....
10.2 Claim for Adjustment..,,_,...,,..
10.3 Work Not Required by Contract
Docum ents ...........................
10.4 Change Oraers.._ ............._.....
1U.5 Notification of Surety ...............
_21 li.�-13.9 Uncovering LZ%ork at ENGI-
NEER's Request ..................... �7-28
21 li.10 OWNER 1l�tay Stop the Work...........28
21-22 13.11 Correction or Removal of
D�fective W'ark ...........................�8
22 13.1'' Carrection Period �8
13.li Aceeptanca ofDefeetzve Work_.__...__28
_�Z-23 li.14 OWIVER May Correct ➢efect�'ve
Work �&-29
....... -
^3
3
�3
........23
_ .......23
23
CHt�NGE OF CONTRACT PRICE .............................23
11.1-11.3 Contract Price: Claim for
Adjustment; Value of
the Work 23-24
......
11.4 CostoftheWork.__.._........_.._.__..24-25
11.5 Exclusions to Cost of the Work,,,.,,,,., 2�
11.6 CONTRACTOR's Fea ........................ 25
11.7 Cost Records 2�-26
...
11.8 Cash Allowances 26
..
11.9 Unit Price Work 26
...
CHANGE OF CONTR�.CT TIMES ....................
12.1 Claim for Adjustment._,,,,,,,,,,,,,
12.2 Time of the Essance ..................
12.3 Delays Beyond CONTR4CTOR's
Control . ..... .... ..... .... ......... . . .....
12.4 Delays Beyond OVJNER's and
CONTRACTOR's Control
?6
?6
�6
26-27
��
TESTS AND INSPECTIONS; CORRECTION,
REMOVAL OR ACCEPT�NC� OF
DEPECTlb�' WORIZ 27
.....................
13.1 Notice of Defects 27
..
13.2 Access to the Work 27
13.3 Tests and Inspections;
CONTRACTOR's Cooperation...
13.4 OWNER's ResponsiUilities;
Independent Testing Laboratory
13.5 CONTRACTOR's
Responsibilities ........................
13.6-13.7 Covering Work Prior to Inspec-
tion, Testing or Approval.._......
27
14. PA�'MENTS TO CONTR:�CTOR:IND
COA2PLETION ................................................. �9
14.1 Schedule of Values_._,,.._,._„_..,,..,,._29
1�.2 Application for Ptogress
Payment ...... ..... ......... _ ....... ........ 29
14.3 CONTRACTOR's Warranty of
TiYle �9
.............�
14.4-14.7 Review of Applications for
Progress Pa}miants ................. �9-30
14.8-149 Substantial Completion.,.....___._.,..30
14.IQ Yartial Utilization 30-31
14.11 FinalInspection .............................31
1412 Final applicati�n for Pa}�nent,..,,.,,31
14.13-14.14 Final Paym ent and Acceptancz.. _.. __ 31
14.15 Waiver of Claims 31-32
15. SUSPENSION OF WORis AND
TERNffNATION 3?
.................
15.1 OR�NER l�Qay Suspend Work..........32
1�.2-1�.4 O��/NER May Terminate .................32
15.5 CONTR4CTOR May Stop
Work or Terminate 32-33
16. DISPUI'E RESOLU'TION .........................._,,..__ 33
17. b�SCELLANEOUS ................................_.........33
17.1 Giving Notice ................................ 33
172 Computation of Times.,..._ .............33
17.3 Notice of Claim 33
17.4 Cumulati��e Remedies 33
17.5 Professional Faes and Court
Casts Included .............................33
17.6 Applicable State Laws ............... 33-��1
Intentionally left Ulank .............................._.,,,_..35
�7
EXHIBIT GC-A: (Optional)
.27 Dispute Resolution Agreement .....................GGAl
16.1-16.6 P.rbitration GC-Al
27 16.7 Mediation GG41
iv EJCDC GENERAL CONDITIGNS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (RLV 9/99)
INDEX TO GENERAL CONDITIONS
City of Fort Collins modifications to the General Conditions of tha Construction Contraet are not shown in this index
Article or Paragraph
Number
Acceptance of--
Bonds and Insurance 5.14
defectivz Work ............................10.4.1, 13.5, 13.13
final payment.., 9.12, 14.15
..
insurance 5.14
.............................
other Work, by CONTR4CTOR,,,,,,,,,,,,,,,,,,,,,,,,,,7.3
Substitutes and "Or-Equal" Items. 6.7.1
Work by OWN�R ............ .. .... 2.i, 6.30, ti34
�.ccess to the--
Lands, OWNER andCONTRACTOR
responsibilities ..............................................4.1
site, related �tiork 7.2
.................
W'ork . ..........................................13.2, 13.14, 14.9
Acts or Omissions--, Acts and Omissions--
CONTRaCTOR ...................................ti.°.1, 9.13.3
ENGINEER ..........................................6.Zu, 9.1�3
OWNER ................................................... �i2�1, 8.9
Addenda--dafinition of lalso see
dafinition of Specifications).,...,..(1.6, 1.10, 6.19), 1.1
Additiona] Property Insuranczs,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 5.7
Adjustm ents--
Contract Price or Contract
Times ...........................1.5, 3.ti, 4.1, 4.32, 4.5.2,
4.�.3, 9.4, 9.i, 10.2-10.4,
...........11, l�, 14.8, 15.1
progress schedulz......_..._.........._......._.._........ 6.6
Agreem ent-
dafinition of 1.2
..........................
"All-Risk" Insurance, policy form,,,,,,,,,,,,,,,,,,,,,,,,,,,,5.6.2
Allowances, Cash......._ ................_.._..........._........1LS
Amending Contract Documents ............................._. 3.$
Amendment, Written--
in general ................1.10, 1.4�, 3.5, 5.1�, �.12, 6.6.2
C�. S. 2> 6.19, l i i. l, l u.4, 112
_._ ................._........12.1, 13.12.2, 14.72
Appaal, OWNER or CONTRACTOR
intent to ..........................9.10, 9.11, 10.4, 16.2, 16.5
Application for Pa}nnznt--
definition of ......................................................13
ENGINEER's Responsibility ............................_. 9.9
final payment,,,,,,,,,,,,,,,,,, 9.13.4, 9.13.�, 14.12-14.1�
in general ..........................2a, ?.9, 5.6.4, 9.IQ 15.5
progress payment .......................................14.1-14.7
review of ....................................................14.4-14.7
Arbitration ..._ ................................................16.1-16.6
AsUestos--
claims pursuant thereto,,,,,,,,,,,,,,,,,,,,,,,,,, a.�.^_, 4.�.3
CONTRACTOR authorized to stop Work..._..._..4.52
definition of 1.4
Article or Paragraph
Num ber
OWNER responsiUility for ..............................4. _5.1, b. l t�
possible price and times chang@ ........................!�.52
Authorized Variations in Work.,,..,,.. j.6, ti25, 627, 9.5
Availability of Lands ..........................................4.1, 8.4
Award, Notice of--defined ... _.._ . .._ l.?5
Before Starting Construction ...............................2.�=�.8
Bid--definition of ........................1.� (1.1, I.lU, 2.3, 3.3,
�.2.6.4, 6.13, 11.4.3, 11.9.1)
Bidding Documents--definition
of _ ...........................1.6 �6.&2)
Bidding Raquirements--definition
of 1.7 (1.1, 42.6.2)
Bonds--
acceptance of ....................................................5.14
additional Uonds ..................................lU.�, 11.4.5.9
Cost of the Work .............................................11.5.4
definition of .......................................................1.8
delivery of ................................................... �.1, 5.1
final Application for Payment .................14.12-14.14
general .......................................1.10, 5.1-5.3, 5.13,
9. I 3, 1 U.S, 14. 7.6
Perfarniance, Payment ana Other,,,,,,,,,,,,,,,,,,,�.1-�.2
Bonds and Insurance--in general .................................5
Builder's risk "all-risk" policy form ............._,_...,._.S.ci2
Cancellation Provisions, Insurancz....,,..5.4.11, �.8, 5.15
Cash Allowances 11.8
.......................
Gertificate of Substantial Coml�letion,,......1.38, 6.3��.2.3,
_ ........................................._.14.8, 14.1p
Certificates of Inspection ...................9.13.4, 13.5, 14.12
Certificates of Insurance.,,...,,, '�.7, S..i, ti.4.11, 5.�4.13,
5.6.5, �.R, 5.14, 9.li.4, 14.12
Change in Contract Price--
Cash Allowances ...............................................11.8
claim for prica
adjustment...,...,_,,.4.1, 4.2.6, 4.5, 5.15, 6.82, 9.4
_.._... .._ 9.5, A.11, 1Q2, 10.5, 11.2, 13.9,
1_,.13,13.14,14.7,15.1,15.5
CONTRACTOR's fee.......
Cost of the Work
general
Exclusions to .............
Cost Records,,,,,,,,,,,,,,,,,,,
ingeneral.._...._..._1.19, 1
LLunp Stun Pric�g...........
Notification of Surety,,,.,,,
Scope of ..........................
Testing and Inspection,
Uncovering the Work.
11.6
11.4-11.7
11.5
....................... I 1.7
44, 9.11, 10.4.2, 10.43, 11
_..
_._....11.32
...........10.�
_.......... _........1(J.3-10.4
....13.9
EJCDC GENERAI. CONDITIONS 1910-8 (1990 EDITIOl�
w/ CITY OP PORT COLLINS MODIFICATIONS (REV 9/99)
Unit Price Work I 1.9
Article ar Paragraph
NumUer
Value of Work 11.3
Change in Contract Times--
Claim for times adjustment,.......4.1, �.2.6, 4.5, 5.15,
6.82, 9.4, 9.5, 9.11, 10.=; 1��.5, 12.1,
13.9,13.13,13.14,14.7,1�.1,15.5
Contractual time lunits.._..._._._._....._.._..._._._..12?
Delays be5�ond CONTRACTOR's
control 123
Delays beyond OL�'NER's ana
CONTRr1CTOR's control._ ..........................12.4
Notification of suretv 10.5
. .........................................
Scope of change ........................................103-1ii.4
Change Orders--
Acceptance ofDefectivz Work,,,,,,,,,,,,,,,,,,,,,,,,,,13.13
Amending Contract Documents .......................... �.5
Cash Allowancas 11.8
.................
Change of Contract Price ...............__......__.._.......11
Change of Contract Times ...................................12
Changes in the Work ..... .. ....... _,.,. ,.. „ 10
CONTRACTOR's fee 11.6
Cost of the Work 11.4-11.7
.........
CostRecords .............................. ......................11 J
deYinition of .......................................................1.9
em ergencies .....................................................�. �3
ENGINEER'sresponsiUility..,.._9.&, 10.4, ll.2, 12.1
e�ecution of 10.4
.........................
Indernnifiction .........................6.1�, b.16, 6.31-6.�3
Insurancz, Bonds and ....................... �.10, 5.13, 1Q�
O�hINBR may terminate.. _..... _ 152-15.4
OWNER's Respansibility ............................ �.6, 10.4
Physical Conditions--
SuUsurface and, 4.2
................
Undzrground Facilities-- ............................ �.32
Record Documents ............... _............._............ 6.19
Scope of Changz .......................................10.3-10.4
Substitutes ............................................. 6J.3, 6.�2
Unit Price Work 11.9
..................
value of Work, covered by .................................11.3
Changes in the Work .................................................1Q
Notification of surety .........................................1U.5
OVuNER's and CONTRACTOR's
responsiUilities ............................................ li 1.4
Right to an adjustment ......................................lt)2
Scope of change 10.3-10.4
Claims--
against CONTRACTOR .................................._6.16
against ENGINEER.,.._., _.._.. .. ,.._.6.3�
against O�hJNER ...............................................6.3:
Change of Cantract Price ........................... 9.4, 112
Change of Cmtract Times ............._.._...._.. 9.4, 12.1
CONTRACTOR's ... ...,, . 4, 7.1, 9 4. 9.5, 9.11, 10.2,
11.2, 11.9, 121, 13.9, 14.8,
..............lj.l, 15.�, 17.3
CONTIZ4CTOR's Fee 11.6
rlrticle or Paragraph
Number
CONTRP.CTOR's liability...........5.4, 6.12, b.16, 6.31
Cast of the Work .......................................11.4, 11.5
Decisions on Disputes ...............................9.11, 9.12
Dispute Resolutian ............................................16.1
Dispute Resolution agreement ....................16.1-16.6
ENUIN�ER as initial interpretor ........ .... .... ..... _ 9.11
Lump Sum Pricin� ... ....... . .. ..... 11.�.2
............
Notice of 173
OWNER's ....................9.4, 9.5, 9.11, 10.2, 11.2, 11.9
12.1,13.9,13.13,13.14,17.3
OWNER's liability ...............................................5.5
Ot�'NER may refuse to make payment,,,,,,,,,,,,,,,,,14.7
Professional Fees and Court Costs
Included .......... ..... ........ . .... ........ .......... .... ...17. 5
request far formal decision on......._ ...................9.11
Substitute Items 6.7.12
................
Time Extension .................................................12.1
Timerequirements,._,._.........._ .............._9.11, 12.1
Unit Price w'ork .. ....... 11.9.3
....
Valne of 113
Waiver of--on Final Payment,,,,,,,,,,,,,,,,,14.14, 14.1�
Work Changa Directive ......................................li�.?
written notice required,,,,,,,,,,,,,,,,,,,,,,9.11, 11.2, 1^.1
Clarifications and Interpretations,,...,,..,., 3.63, 9.4, 9.11
Clean Site 6.17
.............................
Codes of Technical Society, Organization.
or Association ................................................. 3.3.3
Commencement of Contract Times ...........................2.3
Com m unications--
genaral ..............................................6.2, 6.9.2, 8.1
Hazard Communication Programs ......................6.2'?
Com pletion--
Final Application for Pay�nent .........................14.12
Final Inspection ......................................... _...14.11
Final Payment andlacceptance ...............14.13-14.14
Partial Utilization ............................................14.10
SuUstantial Completion.._._ ...............1.38, 14.8-14.9
Waiver of Claims ............................................14.15
Computation of Times ................................172.1-17.2.?
Concerning Subcontractors, Suppliers
and Others 6.8-6.11
Conferences--
initially acceptable schedules ...............................^_.9
preconstruction �.8
.................... �
Conflict, Error, �mbijuity, Discrepancy--
CUNTRACTOR to Report ..........................?.5, 3.32
Construction, Uefore starting Uy
CONTRACTOR ............................................�.5 �J
Construction Machinery, Equipment, etc .................. 6.4
Continuing the Work.._ ................._......._.......6?9, 10.4
Contract Docun�ents--
Amending ..........................................................3.5
Bonds..............................................................5.1
EJCDC GENERAL CGNDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (RLV 9/99)
Cash Allowances 11.8
Article or Paragraph
Number
Change of Contract Price 11
Change of Contract Times ................................... 12
Changes in the Work .........................„_,..,1Q4-]O.S
check and verify ................................................ 2.5
Clarifications and
Interpretations ....................._.._32, 3.6, 9.4, 9.11
definition of ..................................................... 1.10
ENGINEER as initial interpreter of.........._._.... 9.11
ENGINEER as Ot�NER's representative,,,,,,,,,,,,,,9.1
generali
Insurance 5.3
..............................
Intent........................................................3.1-3.4
minor variations in the Work 3.6
OwN�R's responsibility to furnish data,_„_,....,,,8.3
OW1V�R's responsibility to make
prompt paymznt ..........................$.3, 14.4, 14.13
precedenca........ 3.1, 3.3.3
Record Documents 6.19
Reference to St�ndards and Specifications
ofTechnical Societies......_._.._._._.......____.,..3.3
Related Work .....................................................7.2
Reporting and Resolving Discrepancies._....__ 2.5, 33
Reuseof .............................................................3.7
Supplem enting .................................................. 3.6
Termination of ENGINEER's Employ�nent_,...,..,_ �2
Unit Price �b'ork 11.9
...................
variations 3.b, 6.�3, 627
Visits to Site, ENGINEER's,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,_. 9.2
Contract Price--
adjushnent af .................3.ti, 4.1, 9.4, 10.3, 11.�-11.�
Change of ...................... l 1
..................
Decision on Disputes ........................................9.11
definition af 1.11
.........................
Contract Times--
adjushnent of ...........................3.5, 4.1, 9.4, 1Q3, 12
Change of .................................................1'?.1-12.4
Com m encem ent of .. _ ................................. _......2.3
dafinition of .....................................................1.12
CONTRACTOR--
Accept�nce of Insurance,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,5.14
Communications............_ ......................._6."_', 6.9.2
Continue ��'ork ........................._............. fi.^9, 1C�.4
coordination and scheduling ............................b.9.=
definiti�n of 1.13
.........................
Limited Reliance on Technical
Data Authorized .........................................=1.2.2
May Stop 1�'ork or Terminate..._ ............._.,,_....1.5.5
provide site access to athers_ ......................7.?, 132
Safety and Protection_..... 4 3.1.2, 6.16, 6.1 S,
_.......6.21-6.23, 7.2, 132
Shop Drawin� and Sample Review
Prior to Submittal 6.25
Stop Workrequirements.._ ..............._.............'� �?
CONTRACTOR's-
Article or Paragraph
Num ber
Compensation ............................................1 l. l- I 1.2
Continuing Obligation ..................................._ 1-�.15
Defective Work,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,9.6, 13.1t�-13.14
Dutytocorrectdefectzve Work ..........................13.11
Duty to Report--
Changes in the Work caused by
Em ergency . ......... ... _ ... ..... ... _ ...... . . ... _ ...b.? �
Defects in Work of Others ............................. 7.,
Differing conditions ...................................4.2.3
Discrel�ancy in Doctunznts,._.... 2.5, 3.3.2, 6.14.2
Underground Facilities not indicated.,..,.,....4.3.2
Em ergencies ........................ _ ........................... b23
Equipm ent and Machinery Rental, Cost
of the 1�`ork .......................... _...............11.4.>.�
Fee--Cost Plus,,,,,,,,,,,,,,,,,,,,,,,,,,11.4.�.6, 11.5.1, 11.6
Ueneral t�'arranty and Uuarantee ... . ........ ....6.30
Hazard Communication Programs.,.._...,,..,._.....622
Indemnification,,,,,,,,,,,,,,,,,,,,,,,, �.12, 6.16, 6._�1-6.33
Inspection of the Wark......._.__...._.._.._..._._ 7.3, 13.4
LaUor, Materials and Equipment,,,,,,,,,,,,,,,,,,,,6.3-6.�
Laws and Regulations, Compliance by .............6.14.1
Liability Insurance .............................................. 5.4
Notice of Intent to Appeal .........................�.10, IQ4
oUligation to perform and complete
the ��ork 6.30
.......................
Patent Fees and Royalties, paid for by ................ 6.1'�
Performance and Other Bonds 5.1
Permits, obtained and paid for by .......................6.li
Progress Schedule ........................... �.6, ?. S, �.9, 6.6,
_ .................6.29, 10.4, 15.�.1
Request for formal decisionan disputes .............. 9.11
Responsibilitizs--
Changes in the Work ......................_........... 10.1
Concerning Subcontractors, Suppliers
and Others ......................................6.4-6.1 ]
Continuing the �'ork ..................._,__..q.29, 10.4
CONTRt�CTOR's axpense ...........................6.7.1
CONTRACTOR's General Warranty
and Guarantee ....................................._6.30
CONTRaCTOR's review prior to Shop
Drawing or Sample submittal ................ 6?5
Coordination of t�ork .................................6.9.?
Em ergencies. _........ _ ........................_........ 6.23
ENGINEER's evaluation, Substitutes
or "Or-�qual" Items ............................. 6J.3
For Acts ancl Omissions
of Others,,,,,,,,,,,,,,,,,,,,,,,,,,,,,6.9.1-6.9.?, 9.13
for deductible amounts,msurancE ......... ......�.9
general._..........._..._......._._..._..b, 7.�, 7.3, 8.9
Hazardous Conununication Pragrams....,,,,,,,6.22
Indemnification ti.31-6.33
vii EJCDC GENERAI. CONDITIONS 1910-8 (1990 EDITIOl�
w/ CITY OP PORT COLLINS MODIFICATIONS (REV 9/99)
LaUor, Matarials and Equipment ..............6.3-6.5
Laws and Regulations 6.14
_.
Liability Insurance .........................................5.4
Article or Paragraph
T�Tum Uzr
Notice af variation from Contract
Docum ants . .... . . ... . .... ... ....... ... . .... ... .... . . . b. �7
Patent Fees and Royalties .............................6.12
Perm its 6.1�
..........................
Progress Schedule ......................................... �.6
Record Documents 6.19
relatea 1�'ork performea prior to
ENGINE�R's approval of required
subm ittals 6. `?8
................
safe structural loading .................................6.18
Safety ancl Protection 620, 7.2, 132
_..._....___..
Safety Representatiee ...................................6.21
Scheduling the Work...... _........... _ .............6.9.?
Shop Drawings and Sam1�les,,,,,,,,,,,,,,,,,,,,,,,,624
Shop Dra�uings and Samples Review
Uy ENGINEER .......... ..... .... .......... . ...... _ 6. 26
Site Cleanliness 6.17
.............
Submittal Procedures 6.?5
_....
Substitute Construction Methods
�na ���za�-�S �.�.<
_......
Substitutas and "Or-Equal" Items,,,,,,,,,,,,,,,,6.7.1
Superintendence ........................................... � ?
Supery ision.......... _ .. .. ... _ ... _ ... . ............... _ ... .6.1
Survival of Obligations ................................6.34
Ta1es 6.1 ti
.............................
Tzsts and Inspzctions .............._..,,..,..,,.,._..,,13.5
To Report.... '.5
Use of Premises ......................6.16-6.18, 6.30.2.4
Revie��� Prior to Shop Drawing or
Sample Submittal ..............._,......_.._.....,....,6.25
Right to adjustment for changes in the Work,,,,,,102
right to claim............ 4, 7.1, 9.4, 9.ti, 9.11, 1Q2,11.2,
11.9,12.1,13.9,14.8,15.1,li.5,17.3
Safety and Protection ..................6.20-6.2?, 7.2, 132
Safety Representative .......................... _ ............6.21
Shop Drawings and Samples Submittals,.,..624-6.28
Special Consulfants ..................................._._11.4.4
SuUstitute C_onstruction Mathods and Proceduras 6.7
SuUstitutes and "Or-Equal° Items,
Espense ...........................................6J.1, 6.7.?
Subcontractars, Suppliers and Others.,.,..,,,, ti.8-6.11
SuperNision and Superintendencz.....,,_.b.l, 6.2, 6.21
Taxes, Payment by ............................................6.15
Use of Prem ises 6.16-6.1 S
Warranties andguarantees ...................__...6.5, 6.30
Warrantv of Title 14.3
, .................
Written Notice Required--
CONTRACTOR stop W"ork or tenninate...__...1�.5
Re��orts of Differing Subsurface
and Physical Conditions ....................... a.?.3
SuUstantial Completion ................................14.5
V111
CONTRACTORS--other 7
Contractual LiaUility Insurance... _ _.. _ _.. _ _.. _.... _. _....�.4.1Q
ConYractual Time Limits 12.2
...........
�rticle or Paragraph
Number
CoordinaYion--
CONTRACTOR's responsiUility . .... . ... . ... . . ... ... . . . 6.9.?
Copies of Documents 2.2
......... ...... ,
Correction Periocl 13.1�
.....................
Correction, Removal or Acceptance
ofDefective Work--
in general ...................................1U.4.1, 13.1U-13.14
Acceptance ofDefective ��'ork ...................._,,..1.3.1�
Correction or Removal of
Dzfectii�e Work .................................630, 1311
Correction Period ............................................13.12
OWNSRMayCorractDefective Work,,,,,,,,,,,,,,13.14
OwNER May Stop \�'ork .. _ .. . .... ......... .... _ ... ....13.1 U
Cost--
of Tests and Inspections .....................................13.4
Recorcls ll J
Cc�st of tha Wc�rk--
Bonas and insurance, additional._.._..__._._..11.4.5.9
Cash Discotmts 11.4.�
..................
CONTR4CTOR's Fee 1 Lti
Employee Expenses ......................................11.4.5.1
E�clusions to .....................................................11.5
General ll.4-1 I . �
Home office and overhead eapenses,,..,..,
Losses and dam ages ..............................
Materials and equipment ........................
Minor expenses.
_......
Payroll costs on changes .........................
Performed by Subcontractors ..................
Records 11.7
Rentals of construction equipment
and machinery .................................
Rayalty pay�nents, perniits and
license fees ......................................
Site office and temporary facilities..,__.,.,.
Special ConsultanCs, CONTR4CTOR's.,.
Supplem ental ....... ..... ............................
Taaes related to the ��ork
Tests and Inspection ..............................
Trade Discow7ts
......
LJtilities, fuel and sanitary facilities..,..,,,
W"ork after regular hours ........................
Covering w'ork ...........................................
Cumulative Remedies
...
Cutting fitting ana patchin� .......................
Data, to be fumishecl by O���N�R ................
Day--definition of .......................................
Decisions on Disputes ................_._....._.._...
defzetrve--dafinition of .................. .. ...... ..
defective Work--
11.5
11.4.5.6
11.4.2
_.11.4.5.8
....11.4.1
1.1.4.3
11.4.5.3
11.4. S.5
11.4. 5.?
11.4.4
_11.4.ti
11.4.5.4
13.4
11.4.2
11.4.5.7
11.4.1
13.6-13.7
17.4-17.5
�,
5.3
17.22
9.11, 9.12
1.14
Acceptance of .......................................10.4.1, 13.13
EJCDC GENERAL CONDITIGNS 1910-8 (1990 EDITION,1
w/ CITY OF FORT COLLINS MODIFICATIONS (RLV 9/99j
Correction or Removal of
Correction Period_____.....
in general,,,,,,,,,,,,,,,,,,,,,
1U.4.1, 1�.11 OWNER'sRepresentative...._.._....
_.__.._...__._..13.12 Payments to the CONTRACTOR,
...........13, 14J, 14.11 Responsibility for ..................
Recommendation of Pa}�nent...,,...
Article or Paragraph
Number
Observation by ENGINEER ................................ 9.2
OWNER 1�4ay Stop 1�'ork .................................13.10
Prompt Notice of Defects .............................._.._13.1
Rzjacting...........................................................9.6
Uncovering the Wor1� .......................................13.3
Definitions 1
Delay�s ........4.1, 6.�9, 12.3-12.4
Deli�rery of Bonds ..................................................... 2.1
Delivery of certificates of insurance ............................2.7
Determinations for Unit Priees .................................9.10
Differing Subsurface or Physical Conditions--
Noticeof .........................................................�.?.3
ENGINEER's Review 4.2.4
.........
PossiUle Contract Doctunents Change ...............�.2.5
Possible Price and Times Adjustmants ..............�1.2.ti
Discrep ancies-Reporting
and Resolving ................................2.5, 33.?, b.142
Dispute Resolution--
:�areement ................................................16.1-16.6
: :rUitration ................................................16. I -165
genzra116
Mediation 16.6
............................
Disputz Resolution Agreement...,,.___._,,......,,..1.6.1-16.6
Disputes, Decisions by I;NGINEER,,,,,,,,,,,,,,,,,, 9.1 ]-9.12
Doctiun ents--
Copiesof ...........................................................`'.2
Record 6.19
Reuse of 3.7
................................
Dra�vings--definition of._,_ .............................._,.__.1.1>
Easements 4.1
...............................
�ffective date of A�reement -- definition of ..............1.16
Em ergencies .............................. 6.23
. ...........................
�NGIN�ER--
as initial interpreter on disputes .................9.1I-9.12
dzfinition of 1.17
.........................
Limitations on authority and responsibilities,,.,, 9.13
Replacement of ........................................... ....._b.'
Resident Project Representative ...........................y.3
ENGINEER's Consultant - definition of 1.18
ENGIN�ER's--
autharity and responsibility, limitations on.,..,...9.13
Authorizza Variations in the ��ork 9.�
Change Orders, responsibility for,._,,,.,9.7, 10, 11, 12
Clarifications and Interpretations ...............3.6.3, 9.4
Decisions on Disputes ................................9.11-9.1'?
defect��va ��/ork, notice of _,,.,.._....13 1
Evaluation of Subsrituta Items ti.73
Liability ............................................._....b.�2, 9.12
Notice L�'ork is Acceptable,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,14.13
Observations ......................................... _ ¢.3� 12, 9.2
_.....9.1
.......9.9, 14
14.4, 14.13
Article or Paragraph
Num�r
Responsibilities--Limitatians on,,,,,,,,,,,,,,,,,9.11-9.13
Review of Reports on Differing Subsurface
and Physical Conditions..__.._....._.__....._._. �.2.4
Shop Dra�vings and Samples, review
responsiUility_ ......................... _................. 6.26
Status Durin� Ccnstruction--
authorized variations in the Wark,,._ .............9.5
Clarifications and Interpretations ..................9.4
Decisions on Disputes ..........................9.1]-9.12
Determinations on Unit Price .............._..._...9.10
ENGINEER as Initial Interprater....,..,..9.11-9.1?
ENGINEER's Rzsponsibilities ..... . .... . .. . . . 9.1-9.12
Limitations on ENUII�ER's Authority
and Responsibilities........_...._„_..........,9.13
OWNER's Representative.,....._. 9.1
Project Representative ...................................9.3
RejectingDefective Work ................_.._........9.6
5hop L�rawings, Change Orders
and Pay�n ants .................................. _ 9.7-9.9
Visits to 5ite .................................................9 `-'
Unit Price determinations 9.10
....
Visits tQ Site 92
..........................
Written consent required,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 72, 9.1
Equipment, Labor, Materials and ....................... 6.3-6.5
Equipment rental, Cost of the Work,,,,,,,,,,,,,,,,,,,11.4.5.3
Equivalant I�4aterials and Equipment ........................ 6.7
error or omissions b.33
......................
Evidence of Financial rlrr�ngements.._..._ ...............$.11
Eaplorations ofl�hysical conditions ............._._..,,..,�.2.1
Fee, CONTRt�CTOR's--Costs Plus ...........................11.6
Field Order--
clefinition of 1.19
.........................
issued by ENGIN�ER ................................ 3.6.1, 9.>
Final Application for Payment,__.,_,..,.,,,,_,_........_,14.12
Final Inspection ...................................................14.11
Final Payment--
and Acceptance ......................................14.13-14.14
Prior to, for cash allo�nces...._ .........................11.8
General Provisions 17.3-17.4
............
General Requirements--
definition of 12Ci
........................
principal references to,,...,._._,.,2.6, 6.�, 6.6-6.7, 6.24
Giving Notice .........................................................17.1
Guarantee of �tiork--by CONTRACTOR_..,_.,.630, 14.12
Hazard Communication Pro�rams,,,,,,,,,,,,,,,,,,,,,,,,,, 622
Hazardous ��'aste--
definition of .....................................................1.21
general............................................................. � �
OWNER's responsibility far ............................... 5.10
EJCDC GENERAI. CONDITIONS 1910-8 (1990 EDITIOl�
w/ CITY OP PORT COLLINS MODIFICATIONS (REV 9/99)
Indem nification
Initially AcceptaUle Schedules, _.._ _.
Inspection--
Certificates of ........................
Final
...
6.12, 6.16, 6.�1-6.�3
2.9
9.13.4, 13.5, 14.1?
14.11
Article or Paragraph
Num ber
Special, required byENGII��R ......................._ 9.6
TestsandApproval.__...._.._......._....8.7, l�.i-1�.4
Insurance--
iacceptance of, by O��NER ............._.._............5.14
Additional, required by changes
in the �Uork 11.4.>.9
..............
Before starting the W'ork 2.7
.......
Bonds and--in general .......................................... 5
Cancellation Provisions �.8
Certificates of ....................^.7, 5, 5.3, 5.4.11, �.4.13,
_.. _...........>.6.5, 5.8, �.14, 9.1 �.4, 14.12
coml�leted operations ......................................5.4.1�
CUNTRr1CTOR's Liability ..................................5.4
CONTRACTOR's objection to coverage ............. 5.14
Contractual Liability,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,5.4.1t)
deductiUla amounts, CONTRACTOR's
responsibility ..... . . ... ...... ............. .... ....... . . ... ... 5.9
Final Application for Pay�nent.._ ......................14.12
Licensed Insurers ...............................................5.3
Notice requirements, material changes,..,,,.,5.3, li1.j
Option to Replace ......................_......_............. 5.14
other special inswances,.,,,..,,,_ ........................S.lU
OWNER as fiduciary for msureds 5.1?-5.1i
OtUNER's Liabilitv 5.�
, .............................................
O�hINBR's Responsibility�.......... _ .........................h.5
Partial Utilization, Property Insurance ............... �.lti
Property............................................... _....5.6-5.1 i)
Receipt and Application of Insurance
Proceeds 5.12-5.13
.................
Spe cial Insurance ......... .... . ........ ..... ................. . 5.10
��aiver of Rights .............................................. 5.11
Intent oFContract Documents ...............................i.1-3.4
Interpretations anct Clarifications .............._,,,.3.6.3, 9.4
Investigations of physical conditions_,,,,,,,,,,,,,,,,,,,,,,,, =1.=
Labor, Materials and Equipment ..........................6.3-5.>
Lands--
ancl Easem ants S.4
......................
AvailaUility of ............................................. �.1, 8.4
Reports and Tests ...............................................�.4
Laws and Regulations--Laws or Re�ulations--
Bonds........................................................5.1-5.?
Changes in the Work ........................................10.4
Contract Doctunerits 3.1
.............
CONTRACTOR's Responsibilities .....................C.14
Correction Period,defective Work ....................13.12
Cost of the Work, taxes ..............._..........__..11.4.5.4
ciefinition of .....................................................1.22
genera16.14
Indenmification ........................................ fi.31-6.3.i
Insurance........................ _.............. _............... _�.3
Precedence _.._......._3.1, 3.3.3
_..
Referznce to ....................................................3.3.1
Safety and Protection .........................._....6.20, 13."_'
Subcontractors, Suppliers and Others,.,,.,.,,,.6.8-6.11
Article or Paragraph
Number
Tests and Inspections ...................................13.5
Use of Prem ises b. l b
....................
Visits to Site 92
..........................
LiaUility Insurance--
CONTRI�.CTOR's ....... . ... ...................... ........ . . ... ..5.4
OWNER's 5.5
..............................
Licensed Sureties and Insurers ................................. 5.3
Liens--
Application for Progress Pay�nent .................
CONTRaCTOR's Warranty of Title ...............
Final Application for Pay7nent__ ...................
definition of ................................................
��'aiver of Claim s
_..........
Limitations on ENGINEER's authority and
responsibilities .............................................
Limited Reliance Uy CONTR4CTOR
Authorized
....................
Maintenance ana Operating Manuals--
Final Application for Pa}�nent,.,,.,_ ..............
Manuals f of others)--
Precedence
Reference to in Contract Documents ..............
MaYerials and equipment--
furnished by CONTRACTOR ........................
not incorporated in Work ..............................
Materials or equipment--equivalent,,,,,,,,,,,,,,,,,,,,
Mediation (OPtional) .........................................
Milestones--aefinition of......_ ...........................
Misczllaneous--
14.2
14.3
14.1?
1.23
14.1�
9.13
4.� �
14.12
�.3.3.1
3.3.1
6.3
142
6.7
16.7
1.24
Computation of Times ........................................172
Cwnulative Remedies ........................................17.4
Giving Notice ....................................................17.1
Notice of Claim 17.3
....................
Professional Pees and Court Costs Included....,,,.,17.5
Multi-prime contracts ................................................. 7
Not Sho��rn or Indicated 4.3.^
...........
Notice of--
AcceptaUility of Project .....................................14.13
Award, definition of .........................................1.25
Claun............................................................1.73
Defects,13.1
Differing SuUswface ar Physical Conditions..,,.. 42.3
Giving................_........_.._.._.........................1_7.1
Tests and Inspections ................................
�'ariatior� Shop Dra�ving and Samplz._...__.
Notice to Procead--
definition of .............................................
giti�ing of ..................................................
13.3
6.^7
1.26
'.3
EJCDC GENERAL CGNDITIONS 1910-8 (1990 EDITION)
tv/ CITY OF FORT COLLINS MODIFICATIONS (RLV 9/99)
Notification to Surety ...................__........__........._.._10.5
Observations, by ENGINEER _. _ E�.30, 9?
Occupancy of the Work ................... 5.15, 6.3U.2.4, 14.1ii
Omissions or acts by CONTRACTOR ...............69, 9.13
Open Peril palicy form, Insurancz ..........................5.6.2
Option to Re�lace ................................................... �.14
Article or Paragraph
Num ber
��Qr Equal" Items .............................._..........._......._E.7
Other work 7
Overtime Work--prohibition of ................................. 63
OWNER--
:acceptance ofa'efectivz ��'ork ..........................13.13
appoint an ENGINEER ...................................... 82
as fiduciary ...............................................�.12-5.13
Availal�ility of Lands, responsil�ility,,,,,,,,,,,,,,,,,,,, 4.1
clefinition uf 1.27
.........................
data, furnish ......................................_..............�.3
May Correct Defecti�-e Work ...........................1,3.14
May refuse to make pa}anent,,,,,,,,,,,,,,,,,,,,,,,,,,,,,14.7
May Stop the �Uork .........................................13.10
Nlay Susl�end R/ork,
Terminate,,,,,,,,,,,,,,,,,,,,,,,,,,, h.£,, 13.1U, 15.1-15.4
Pa}nnent, make prompt..._..._._.__.__...8.3, 14.4, 14.13
performanc� of other work..,,..,,..., 7.1
...
permits ana licenses, requiraments ...................6.13
purchased insurance requirements,,,,,,,,,,,,,,,5.6-J.lU
OWNER's--
Acceptance of the Work.,.,_..._ .................._6.30.?.5
Change Orders, ot�ligation to execute,...,,.,,, 3.6, 10.4
Communications 8.1
Coordination of the Work 7.4
_....
Disputes, reGuest For dacision ............................9.11
Inspections, tests and approvals,__ ..............&.7, 13.�
Liability Insurance ..............................................>.5
Notiea of Defects 13.1
.................
Reprzsentative--Durina Construction,
ENGINEER's Status 9.1
_.......
Res1�onsiUilities--
Asbestos, PCBs, Petroleum, Hazardous
�uaste or Radioactive Material 8.10
Change Orders ..............................................8.b
Changes in the Wark ............................_.....11J.1
communications S.1
..............
CONTRaCTOR's responsiUilities ...................89
evidence of financial arrangements ...............�.11
inspections, tests and approvals,,,,,,,,,,,,,,,,,,,,, R.7
insurance 8.�
........................
lands and easements,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, R.4
prompt payment hy ........................................ 8.3
replaczment of ENGINEER.___ .................._..$2
reports and tests ............................................8.4
stop or suspend �k'ork ..................5.8, 13.1U, 15.1
terminate CDNTRACTOR's
services 5.8. 15.2
.............
separate representative at sitz ..............................9.3
testing, independent .............
use or occupancy
of the Work .....................
written consent or apl�roval
required .......... . ...............
13.4
�.15, 630.2.4, 1410
...........9.1, 6.3, 11.4
ri EJCDC GENERAI. CONDITIONS 1910-8 (1990 EDITIOl�
w/ CITY OP PORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
NumUer
written notice required ........................7.1, 9.4, 9.11,
......11.^, 11.9, 14.7, 1i.4
PCBs--
definition of 1.29
.........................
general..............................................................4.5
OWNER's responsibility for,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,8.10
Partial Utilization--
defmition of 1.28
.........................
genera16.3Q2.4, 14.10
Property Insurance .............................._............ 5.15
Patent Fees and Royalties ........................................6.12
Payment Bands ...................................................5.1-5.2
Pay�nents, Recommenaation of ..............14.4-14J; 14.13
Payznents to CONTIZ,=�CTOR and Completion--
Application for ProgressPayments ......................14.'?
CONTR4CTOR's Warranty of Title ...................14.3
Final Application for Payment ..............._.,.._...14.12
F ina 1 Inspection ................ ..... ........ ................. 14.11
Final Payment and Acceptance ............... 14.13-14.14
general..............................................._........8.3, 14
Partial Utilization 14.10
..............
Retainaae 14.2
p...........................................................
Review of Applications for
ProgressPaymants ............................._ 1=1.4-14J
prampt pa}nnznt ..................................................�.3
Schedule of Values 14.1
...............
SuUstantial Completion...__.,,._.._,.,,....._..._ 14.5-14.9
Waiver of Claims 14.15
...............
when paym ents duz ................................ 14.4, 14.13
withholding paymznt .........................................14J
Performance Bonds ............................................5.1-5.2
Perm its 6.13
................................
Petroleum--
definition of 1.30
.........................
general..............................................................4. �
OWNER's responsibility for,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,R.10
Physical Conditions--
Drawings of, in or relating tq„_.,.._„_...._..,,._,�.?.LZ
ENGINEER's review 4.^.4
existing structures ................... _........._............. � ?'-
genera14.2.1.2 ................. _.....................................
Noticz ofDiffering Subsurface or .......................9.2.3
PossiUle Contract Dociunents Change,,,,,,,,,,,,,,, 4.?.5
PossiUle Price and Timesladjustments,,,,,,,,,,,,,,=4.�.6
Reports and Drawings .... , _ .......... ..... _ ... _.........42.1
SuUsurface and ....................................................=4.2
Subsurface ConctiYions 4.2.1.1
......
Technical Data, Limited Reliance by
CONTRr1CTOR Autharized ........................42.2
Underground Facilities--
general.... _........... _........ __.. _ ............. _...... �.3
Not Sho���n or Inclic�ed 4.3.2
Protection of .........................................4.�, 6.?0
Articla or Paragraph
NumUer
Shown or Indicated ................................................ 4.3.1
Technical Data ............................................... 4.2.?
Preconstruction Conferance 2.8
_.........
Preliminary Matters .....................................................�
Preliminary Schedules ...............................................2.6
Premises, Use of ............................................. 6.16-6.18
Price, Change of Contract ...........................................1 l
Price, Contract--definition of 1.11
Progress Pay�nent, Applications for,,,,,,,,,,,,,,,,,,,,,,,,,,14.�
Progress Payment--ratainagz ................................... 14.2
Progress scheclule, CONTRACTOR's,,..,,,,..,, 2.6, 2.8, 2.9,
.. 6.6, 6.29, IU.�4, 152.1
Project--definition of ............................................._1.31
Project Represantative--
ENGINEER's Status DuringConstruction........_...9.3
Project RepresentaCive, Resident--definition of..__,_,1.33
prompt payment by O��'NER .....................................8.3
Propertv Insurance--
Additional .........................................................�.7
general�.6-�.11_�
Partial L?tilization ................................5.15, 14.10.?
receipt an�l al�plication of proceeds._.........5.12-5.li
Protection, Safety anci,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,6.2p-6.21, 13.'_'
Punch list 1�.11
Radiaactiva Material--
defintion of ].32
.........................
genera14.5
Ot�'NER's responsibility for,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,$.10
Recommendation of Payment ..................14.4, 14.5, 14.1;
Record Documents ........................................ 6.19, 14.1?
Records, procedures for maintaining ..........................2�
Reference Points 4.4
.........................
Reference to Standards and Specifications
of Technical Societies 3.3
...........
Re�ulations, Laws and for) ......................................6.14
Rej ecting D� fective �Uork . .... .... ..... ............. ......... ... _ . 9.6
Relatad Woik--
atSite ........................................................7.1-7.3
Performea l�rior to Shop Drawings
ana Samplas submittals review,,,,,,,,,,,,,,,,,,,, 6.25
Remedies, cumulative ..........................._.........17.4, IZ�
Removal or Correction ofDefzctiv� w'ork,,,,,,,,,,,,,,,,13.11
rental agreemznts, Ot��NER approval required.....11.4.5.3
replacenient ofENGINEER, by Oti�/NER ....................8.2
Reporting and Resolving
Discre�ancies ................................?.5, 3.32, 6.14.2
Reports--
anci Drawings ................................................. 4.?.1
and T ests, Ou'NII2's responsiUility . ................ ... _ S.4
Resident and Praject Representative--
definition of .................................................... 1.33
provision for .............................................................9.3
xii EJCDC GENERAL CONDITIGNS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (RLV 9/99)
15.rticle or Paragraph
Number
Residznt Supzrintendent, CONTRACTOR's ................62
Respansibilities--
CONTR�CTOR's-in general ................................_ 6
ENGINEER's-in general ........................................9
Litnitations on 9.13
................
OWNER's-in general....._.._........_.......___..._.._.._4
Retainage............................................................1.�?
Reuse of Docum ents... ... _ ........ ..... .... ........ ..... ..... ... ... 3. 7
Review by CONTR.aCTOR: Shop Drawings
and Samples Prior to Submittal ..........................625
Review of Applications for
Progress Payments .....................................14.4-14.7
Right to an adjustmant ................._.........._........._..102
Rights of Way .............. �4.1
............................
Royalties, Patent Fees ancl..,..,.._.._ ........................6.1?
Safe Structural Loading,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,6.1�
Safety--
ancl Protection 4.33, 6.16, ti.18,
........6.2U-6.21, 7.2, 13.2
general ...._..._.._..._..._._......_............_..6.20-6.?�
Representative, CONTR�.CTOR's,,,,,,,,,,,,,,,,,,,,,,621
Samples--
dzfinition of ..................................
general. ........ . ... . ......... .... ..............
Review by CONTRACTOR .............
Review Uy �NUINEER,,,,,,,,,,,,,,,,,,,
rela2ed \uork .................................
submittal of ...................................
submittal procedures ......................
Schedule of progress ............................
1.34
6.24-6.=8
6.25
C?6, 6.37
6.�8
-
6.24.2
6.25
2.6, ?.8-?.A, b.6,
6.2g, 10.4> 15.2.1
Schedule of Shap Drawing ana Sample
Submittals .............................. �.6, 2.8 ?.9, 6.?4-6.�8
Schedulz of Values ...............................'.6, ?.8-<.9, 14.1
Scheaules--
Adherence to ..................................................15.2.1
Adjusting_ .........................................................6.6
Change of Contract Times .........................._,..,,10.4
InitiallyAcceptaUle ......... _.... ........2.8, Z9
Preliminary ........................................................ 2.6
Scope of Changes 103-10.4
_.......
Subsurface Co��ditions ........................................�4.2.1.1
Shop Drawings--
and Samples, genaral 6.2�-6.28
_...
Change Orders ;Q: Applications for
Pa}mients, and .........................................9J-9.9
definition oi..._..._.._......._ ........................_....1.35
ENGINEER's approval of .................................3.6.2
ENGINEER's responsiUility
for revie��� ..................................... 9.7, ti24-6.?8
related Work 6.�8
........................
review procedures ................................�.8, 6.?4-6.28
Article or Paragraph
Num ber
submittal required ...............................................6.?4.1
Submittal Procedures ......................................._625
use to approve suUstitutions ..............................6.7.3
Shown or Indicated 43.1
.................
Site !�ccess ......................................................7.2, 132
Site Cleanliness 6.17
Site, Visits to--
by ENGIN��R ..........................................9 ^_, 132
byothers ..........................................................13.2
"special causes of loss° policy form,
insurance ........................................................?.62
definition of .....................................................1.36
Specifications--
defination of ....................................................1.36
of Technical Societies, reference to ...................3.3.1
precedencz ... . . ... ..... ......... ..... ............. ... ..... .... ..3. 3.3
Standards ancl Specitications
of Technical Societies ........................................:i.3
Starting Construction, Bafc�re 2.5-2.8
..
Starting the Work .....................................................`-'.4
Stop or Suspend Work--
by ('C�NTRACTOR ...........................................15.5
by OwNER ......................................8.&, li.10, 15.1
Storage ofmaterials and equipment,,,,,,,,,,,,,,,,,,,,,4.1, 72
Structural Loading, Safety ........................................6.18
Subcontractor--
Concerning ................................................ 6.8-6.11
definition of .....................................................1.37
delays............................................................12.3
waiver of rights. _ ... _ ........... _ ........................... 6.11
SuUcontractors--in general .................................6.8-6.11
SuUcontracts--required provisions_...._._ 5. ] 1, 6.11, 11.4.3
SuUm ittals--
Applications for Payment ..................................143
Maintenance and Operation Manuals ...............14.12
Procedures .......................................................6.25
Progress Schedules ......................................?.6, �.9
Samples ...................................................6.24-6.28
Schedule of Values ................................_.,.2.6, 14.1
Schedule of Shop Drawings ana Samples
Subm issions ......................................2.6, 2.8-2.9
Shop Drawings ........................................ 624-6.25
SuUstantial G�mplztion--
certification of.._,,,,,,,,,,,,,,,,,,,,,,,,,6.30.2.3, 14.8-14.9
definition of .....................................................1.38
Substitute Construction Methods or Procedures 6.72
Substitutes and "Or Equal" Items ...............................6J
CONTRACTOR's Expensz ............._,,.,........ 6.7.1.3
ENGIN�ER's Evaluation 6.7.3
...
��Or-Equal" ................................................._ 6J.1.1
Substitute Construetion Methods
riii EJCDC GENERAI. CONDITIONS 1910-8 (1990 EDITIOl�
w/ CITY OP PORT COLLINS MODIFICATIONS (REV 9/99)
Temporary construction facilities ............................_ �.1
Article ar Paragraph
NumUer
rlrticle or Paragraph
Number
or Procedures 6J.�
................
Substitute Items 6.7.1.�
...............
SuUsurface and Physical Conditions--
Drawings of, in or relatng to,,,,,,,,,,,,,,,,,,,,,,,, 4.2. L�
ENGIN��R's Review 4.2.4
........
general......._.._......_..._...._.._._...._.........._......4.<
Limited Reliance by CONTRACTOR
Auth or izea . . .. . . . . . . .. . . . . . .. . . . . . .. . . .. .. . . . . . .. . . . . . . .. . 4.2. 2
Notice of Differin� SuUsurface or
Physical Conditions ......................................... 423
Physical Conditions 4.2.1.2
.........
Possibla Contract Docwnents Change ............... 4.2.5
PossiUle Price andTimes Adjustments ...............42.6
Reports and Drawings .......................................42.1
SuUsurface and ....................................................4 �'
Subsurface Conditions at the Site ...................�.'?1.1
Technical Data .................................................�2.2
Supervision--
CONTR4CTOR's responsibility,,,,,,,,,,,,,,,,,,,,,,,,,,,6.1
04GNER shall not supervise ................_._._.__.._..8.9
ENGINEER shall n�t sugervise,,,,,,,,,,,,,,,, 9.2, 9.13.2
Superintenaence ..... ................. . .... ........ ............. ...... 6 '-
Sul�erintendent, CONTRACTOR's resiclent ...............ti.2
Supplemental costs ...............................................11.4.�
Su�plementary Conditions--
dehnition of 134
.........................
princi�al references to .................1.1U, L 18, 22, 2.7,
�.2, 4.3, 5.1, 5.3> 5.4, 5.6-5.9,
5.11,6.8,6.13,7.4,8.11,9.3,9.10
Supplementing Contract Documents ..........................3.6
Supplier--
definition of 1.�10
.........................
principal references to,,..,,.,,.,3.7, 6.5, 6.R-6.11, 6.?0,
_ .........................._6.'24, 9.13, 1�.12
Waiver of Rights ...............................................6.11
Surety--
consent to final payment ........................14.12, 14.14
ENGINEER has no dutv to 9.13
,
Notiiication of__...,..__ .......................10.1, 10.5, 152
nualification of ..............................................5.1-5.3
Survival oF OUligations ........................................._ �.�4
Suspend juork, OR/NER May .......................13.10, 15.1
Suspansion of \��'ork and Termination-- ......................15
CONTR'�CTOR lVfay Stop Work
or Tzrminate ...............................................1$.5
O�NERMay Suspend ��ork,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,15.1
O1�/NERl�,�ay Tenninata_.........._ ..............IS.?-1ti.4
Taxes--Payment Uy CONTRACTOR ........................ 6.15
Technical Data--
Lun ited Reliance Uy CONTRACTOR ... .... ..... .... . 4. �.?
PossiUle Price and Times Adjustments ........... .. � 2.ti
Reports of Differing Subsurface and
Physical Conclitions ....................................4.'_'.3
xiv
Term ination--
Uv CONTRACTOR 15.5
, ..............
by OI�NEK ........................................ �. S, 15.1-15.4
of ENGINEER's employment ...............................P,2
Suspension of Work-in general .............................15
Terms and Adjectives......_..._ .................._..._........3.4
Tests and Inspections--
Access to the Work, Uy others ...........................li.2
CONTRr�CTOR's responsiUilities,,,,,,,,,,,,,,,,,,,,,,13.5
cost of 13.�
covering t��ork prior to ........................._,,,13.6-liJ
Laws and Regulations (or) ................................ Ii.S
Notice of Defects li. l
.................
OWNER May Stop Work .................................13.1 i�
OWI�]ER's inclependent testing ....................._.,.13.4
special, required by ENGINEER,,,,,,,,,,,,,,,,,,,,,,,,,,9.6
timelynotice required._ .................... ...... ........ 13.4
Uncovering thel�ork, at ENGINEER's
request ......... ......... . ......... ....... ......... .....13. �-13.9
Times--
Adj usting . . . .. . . . . . . .. . . . . . .. . . . .. .. . . .... . . .. . .. . . . . . . .. . . . . . .. . . . .6. 6
Change of Contract .............................................1''
Computation af .................................................17.2
Contract Times--definition of..,,._,.,,.,_,,,..,,,.,..I.1�
��
day ...........................1.7.�. -
Milestones 12
.............................
Requirements--
appeals................................................. 9.10, 16
clarifications,
claims and disputes ..................9.11, 11.2, 12
Commencement of Contract Times ................ 2.3
Praconstruction Conference 2.8
schedules ......................................... �'.6, 2.9, 6.6
Starting the W"ork...._ ............................._.._.-'.4
Title, Warranty of ....................................................14.3
L?ncovering iUork .............................................13.8-13.9
Underground Facilities, Physical Conditions--
definition of 1.41
Not Shown a Indicated ................_................. 4.3.'?
protection of ..............................................�.3, 6.'_0
Shown or Indicated 4.,.1
Unit Price `�'ork--
claims.........................................................1,1.93
de£inition of .......................................... _...... _ 1.42
genera111.9, 14.1, 14S
Unit Prices--
generall l.�.l
Determination for .............................................9.1i!
Use of Premises ................................ 6.16, 6.18, 6.30.2.4
Utility owners..._..__.._..__.....__.6.13, 6.20, 7.1-7.3, 13.?
Utilization, Partial ... .. .........1.28, 5.15, 6.302.4, 14.10
Valua of the Work 11.3
Values, Schedule of......_ ......................3.6, 2.8-2.9, 14.1
EJCDC GENERAL CGNDITIONS 1910-8 (1990 EDITION)
tv/ CITY OF FORT COLLINS MODIFICATIONS (RLV 9/99)
Variations in Work--Nlinar
Authorized...._............_......._.._........b.25, 6.27, 9.�
Article or Paragraph
Number
V"isits to Site—by ENGINEER 9.?
Waiver of Claims--on Final Pa}anent ......................14.15
Waiver af Rights by insured parties ..................5.1 I, 6.11
Warranty and Guarantee, General--by
CONTR�.CTOR 630
R/arranty of Titla, CONTRACTOR's_.._....,_......_....14.�
Work--
Access to 132
..............................
Uyothers,. ............................................................. 7
Changes in the .....................................................10
Continuing the> .................................................6.29
CONTRACTOR May Stop �b'ork
or Terminate 15.�
..................
Coordination of 7.4
......................
Cost of the,...... _ ........................_..............11.4-11.5
definition of 1.43
..........................
neglected by CONTRACTOR .. . .......... . ...... . . . .. .. 13.14
other 1��ork 7
...............................
OWNGR Iv1ay Stop ��ork .................................13.11i
OWNERMay Suspend Work ...................13.1+1, 1�.1
Related, Work at Site .....................................7.1-7.3
Startingthe ........................................................�.4
Stopping by CONTR�.CTOR .............................1.5.5
Stopping by OWNER .................................l�.l-1�.4
Variation and deviation authorizzd, minor......_...3.6
Work Change Directi��e--
claims pursuant to .............................................10.2
definition of 1.44
..........................
principal refarences t� ......................3.5.3, lU.l-lU.�
Written Amenckuent--
definition of 1.�5
principal refarences to„_..,....,,.,1.10, 3.5, 5.1C�,15.12,
6.6.2, 6.8.2, 6.19, 10.1, 10.4,
_ .............112, 1'?.l, 13.1?.2, 14.72
Written Clarifications and
Interpretations ...................................3.6.3, 9.4, 9.11
Written Notice Required--
by CONTR4CTOR ............................ 7.1, 9.10-9.11,
10.4, ll.2, 1 Z I
by OWNER .................... 9.1 t)-9.11, 10.4, 11.2, 13.14
a�c• EJCDC GENERAI. CONDITIONS 1910-8 (1990 EDITIOl�
w/ CITY OP PORT COLLINS MODIFICATIONS (REV 9/99)
(This page left blank intenrionally)
xvi EJCDC GENERAL CONDITIGNS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (RLV 9/99)
GENERAL CONDITIONS
�\ [71 Y [itlf ��17�i►`I f11��7\i.9
Wherever used in these General Conclitions or in the other
Contract Documants the following terms hava the
meanings inclicated which are applicable to Uoth the
singular and plural thereof:
1.1. Adc�nda--���ritten or graphic instruments issued
prior to the openi�� of Bids which clarify, correct c�r
changz the �iddir� Requirements or the Contract
Documents.
1.?. .4greerrrent--The written contract beriveen OWNER
and CONTRIICTOR covering the Wark to be perfonned;
other Gontract Doctunents ara attached to the Agreemznt
and made a part thereof as provided therein.
13. .�l�licatzon for Payment--The Forn� accepted by
ENGINEER w}uch is to be used by CONTRACTOR in
requesting progress or final payments and �vhich is to ba
accompanied Uy such supporting documentation as is
requirzd by the Contract Documents.
1.4. ,l.rbe.rtos--Any material that contains more than one
percent asbestos and is friable or is releasing asbestos fibers
into the au above cunent �ction levels estaUlished by the
United States Occulrational Safety and Health
Administration.
1.5. Bid--The offer or proposal of the Uidder subinitted
on the prescribed forni setting forth the prices for the Wark
to be performed.
1.6. Bidding Doe�m2er�ts--The advertisement or
invitation to Bid, instructions tp bidders, the Bid Yonn, and
the proposed Contract Docmnents (including all :�,ddenda
issued priar to recaipt o£Bids}.
1J. Bidding Requiren2er�ts--The advartisement or
invitation to Bid, instructions to Uidders, and the Bid form.
1.3. Bondr--Perfonnance and Payment bonds and other
instruments of security.
1.9. Chcenge Order--A document reconnnended by
ENUINE�R, which is si�ned by CONTR4CTOR and
01irNER and authorizes an addition, deletion or revision in
the Work, or an adjushnent in the Contract Price or the
Contract Times, issued on or after the Effective Date of the
Agreemen�
1.1U. Conb�act Docum�rat.s--The Agreement, Addanda
(which p�rtain to the Coniract Documentsl,
CONTRt\CTOR's Bid �including dacumentation
accompanying the �id and any post Bid docwnentation
suUmitted prior to the Notice of Awardl whan attached as
an e�hibit to the Agreement, the Notiee to Proceed, the
Bonds, these General Conditions, the Supplementary
Gonditions, the Specifications and the Drawings as the
same are more specifically identified in the Agreement,
togetl�er with all Written Ainendments, Change Orders,
��'ork (}har�e Directives, Field Orders and ENGINEER's
written interpr�tations and elarifications issuecl pursuant to
paragraphs 3.ti, 3.6.1 and 3.ti.3 on or after the Effective
Date of the r�eement. Shop Drawing suUmittals
approvad pursuant to paragaphs 6.'?6 and 6.27 and the
reports and drativings referred to in paragaphs 4.2.1 and
4.2.2 are not Contract Documents.
1.11. Coritract Pi7ce—The moneys payable by
Ow'NER to CONTRACTOR for completion of the Work
in accordance with the Contract Documents as stated in
the P.grsement (subject to the pravisions of
paragraph 11.9. ] in the case of Unit Price Work).
1.12. Cor�tr-act Times—The numbers of days or the
dates stated in the Agreement: (i) to achieve Substantial
Completion, and (ii) to complete the Worl: so that it is
rzady for final payment as evidencecl Uy E,NGINEER's
�vritten recommenclation of final payment in accordance
with para�aph 14.13.
L13. CONTRACTOR--The person, firm or corporation
���ith whom (�WI�TER has antered into the Agreement.
1.14. defecfif�e--.4n adjective �vhich whan modifyin�
the word Work refers to lkork that is unsatisfactory, faulty
or deticient in that it does not canform to the Contract
Documents, or does not meet the requirements of any
inspection, reference standard, test or approval referred to
in the Contract Docwnents, or has Ueen damagea prior to
ENUINEER's recommenclation of final payment (unless
responsibilit�� for the pratection therzof has U�n assumed
by OWNER at Substantial Completion in accordance ��•ith
paragraph 14.5 or 14.1�1.
1.15. Dra��rngs--The drawings which show the scope,
extent and c}�racter of the Work to be fumished and
performed Uy CONTR4CTOR and which have Ueen
prepared or approved by ENGIN�ER and are referred to
in the Contract DocumenYs. Shop drawings are not
Drativings as so defined.
1.16. Ef�ectiva Datz of t3ae rlgreemerat--The date
inrlicated in the Agreement on which it Uecomes effectivz,
but if no such date is indicated it means the date on which
the Agreement is si�ed and delivered by the last of the
h�o parties to si� and deliver.
1.17. ENGINEER--T he person, firm ar corporation
named as such in the Agreement.
1.1 S. ENGINEER's Consultant--A person, firni or
corporation havin� a contract with ENGIN��R to fumish
sen�ices as ENGINEER's inclependent professional
associate or consultant ���ith rzspect to the Project and who
is identitied as such in the Supplemzntary Conaitions.
1.19. Fzelc� Order--A written order issued by
ENGINEER which orders minor changes in the Work in
accordance ���ith paragaph 9.5 but which does not involve
a change in the Contract Price or the Contract Times.
E.�CDC GENERt1L CONDITIONS 1910-3 (1990 Edition)
w; C�TY OF FGRT CGLLINS MODIFICATIONS {�y 4/2000)
1.?U. C�neral Requir�emerits--Secrions of Division 1 of
the Specifications.
1.2L Hazarc�or�s i��crst�--The temi Hazardous Waste shall
have the meanirag ixovided in Saction ]004 of the Solid
Waste Disposal Act (42 USC Section ti9113) as amended
from time to time.
1.22.a. Latios and Regi�lat�orzr,- Lativ.r or Regulations--Any
anci all applicable laws, rules, regulations, orainances,
codes and orders of any ana all governmental bodies,
agencies, authorities and courts having juriscfiction.
122b. L,egal Holid�vs--shall Ue those holidays observed
bv the City of Fort Collins.
1�3. Lieru--Ziens, charges, security interests or
encumUrances upon real prol�erty� or personal property.
124. Milestone--A principal zvant spacified in tha
Contract Documents rzlating to an intermediate completion
data or time prior to SuUstantial Completion of all the
Wark.
1.25. Notice of Aticarci—A written norice by O�N�T�R to
the apparent successful bidder stating that upon compliance
by the apparent successful bidder with the conditi�ns
precedent enumerated therein, within the tune specified,
OL1'I�TER will sign and deliver the AgeemenY.
126. Notice to Proceed--A writtzn notice given by
OLUNER to CONTRr�CTOR iwith a copy ta ENGINEER')
fixir� tha date on which the Contract Times will
cemmence to run ancl on which CONTRACTOR shall start
to perform CONTRACTOR'S obligations under the
Contract Documents.
1.�7. OYI�NER--The puUlic body or authority,
corporation, association, finn or person with whom
CONTR�-�CTOR has enterecl into the la�eement and for
whom the Work is to be provided.
1.^_�. Pcrr2ial Utilizatror�--Use by OVJNER of a
suUstantially completed part of the Work for the purpase
for which it is intendzd (or a related purposei prior to
Substantial Completion c�f all the �ork.
129. PCBs--Polychlorinatea biphenyls.
130. Peb�oleiGm--Petrolztun, including crude oil or any
fraction thzreof which is liquid at standard conditions of
temperature and pressure (60 clegrees Fahrenheit and
1�.7pouncls per square inch absolutej, such as oil,
petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene
and oil mi�ed with other non-Hazardous t�`astes and crude
oils.
13L Psrojecl—The total consYnxction of which the Work
to be provided under the Contract Docwnznts may be the
whole, or a part as indicated elsewhere in the Contract
Documents.
132.a. Rudioactire �Llatar�al--Source, special nuclear, or
byproduct inaterial as defined by the Atomic Energy Act of
1954 (42 USC Section 2011 et seq.) as amendea from
time to time.
1.32.b. ReguTar d�'orlcinR Hours=-Regular workin� hours
are defined as 7:Opam to 6:UOpm unless otherwise
specified in the General Rzc�uirements.
1.33. Resident Projzct Rzpresantatave--The authorized
representative of �NUINEER who may be assi�ed to the
site or any part thereo£
1.34. Samplzs—Physical e�amples of materials,
u�uipment, or workmanship that are rePresentative of
some portion of the Work and which estaUlish the
standards Uy which such portion of the l��ark will Ue
juc�ed.
1.��. Shop Draevings—lall drawings, dia�ams,
illustrations, schedules and other data or information
which are specifically prepared or assembled Uy or £or
CONTRACTOR and submitted Uy CONTR4CTOR to
illustrate some portion of the ���ork.
1.36. Specifrca6oru—Those portions of the Contract
Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and
workmanship as applied to the Work and certain
achninistrative details applicaUle thereto.
137. Strbconhactor=-An individual, flnn or corporation
having a clirect contract with CONTRACTOR or with any
other SuUcontractor for the performance of a part of the
Work at the site.
1.3R. Substarahal Completiort--The 17v'ork (or a
specified part thereof) has progressed to the point �ti�here,
in the opinion of ENGINEER as evidenced by
ENGINEER's defuutive certificate of SuUstantial
Completion, it is sufficiently complete, in accorcl��nce tivith
the Contract Documents, so that the Work �or specifiea
partj can be utilized for the purposes for which it is
intended; ar if no such certiticate is issued when tha
�'ork is complete and reaay far final pay�nent as
evidenced by ENGINEER's written reconunendation of
tinal payment in accordance with paragraph 14.13. Tha
tenns "suUstanfially complete" and "suUstantially
completed" as appliecl to all or part of the �N'ork refer to
SuUstantial Completion thereof.
139. Sup�lemzntary Coric�itions--The part of the
Contract Documents which amends or supl�lements these
General Conditions.
1.4t). S:ipplier--A manufacturer, fabricator, supplier,
distributor, materiahran or vendor having a direct contract
with CONTR�.CTOR or with any Subcc�ntractor to
furnish materials or equipment to be incorporated in the
�irork by CONTR4C',TOR or any Subconiractor.
1.41. Undeigroauad Facilzries--Al] pipelines, conduits,
ducts, cables wires, manholes, vaults, tanks, tunnals or
other such facilities or att��c}unents, and any encasements
containing such facilities whic;h have Ueen installecl
unaerground ta fumish any of the following services or
EJCDC GENER.4L CONDITIONS 1910-8 (1990 Edition)
w1 CITY C�F FORT COLLINS MODIFICATIc�NS (REV 4l2000j
materials: electricity, gases, steam, liquid petrolzum
products, telephone or other communications, cable
television, sewage and drainage removal, traffic or other
control systems or water.
1.42. LTiut Price Work—Work to Ue paid for on the basis
of unit prices.
1.�l�. Work--The entire completed construcYion or the
various separately identifiaUle l�arts thereof required to be
furnished under the Contract Documents. Work includes
and is the result of performing or fumis}ung labor and
furnishir� and incorparating materials and equipment into
the construction, and performing or fumishing services and
furnishing documents, all as required by the Contract
Documents.
1.44. i��o�k Change Directive--A writtzn clirective to
CONTRACTOR issued on or after the Effective Date of
the Ageement and signed by OWNER and recommended
by ENGIN-EER, orderir� an addition, deletion or revision
in the Work, or responding to �liffering or unforeseen
physical conditions under ��hich the Work is to be
perfornied as provided in para�aph 4.'' or 4.3 or to
emergencies under paragraph 6.?�. !1 \�'ork Change
Directive wi11 not change the Contract I'rice or the Contract
Timas, Uut is avidence that the parties e.pact that tha
chan�e directed or dacuniented by a Work Change
Duective will be incorparated in a suUsequently issued
Change Order following negotiations by the parties as to its
effact, if any, on the Contract Price or Contract Times as
provided in paragzaph 10.2.
1.45. YY'ntten Amerrdment--A w7itten amenclment of the
Contract Documents, signed by OWNER and
CONTRACTOR on or afYer the Effective Date of thz
Agteament and notmally dealin� with the nonenginearing
or nontechnical rather than strictly construction-relatecl
aspects of the Contract Dc�ewnents.
ARTICLE 2--PRELIl�IINARY 1�LATTERS
Defivery of Bon�ls:
2.1. �Then CONTRACTOR dzlivers the e�ecuted
Ag�eements to (_)WNElt CONTR�CTOR shal] also
A
deliver to O��'NER such Bonds as CONTRACTOR may
be required to fumish in aocordance with paragraph 5.1.
C'opies of Doeuments:
2.? OWNER shall furnish to CONTRt1CT(�R up to ten
copies (unless otherwise specified in the Supplementary
Conditions) of the Contract Documants as are reasonably
necessary for the eaecution of the 1�'ork. Adaitional copias
will Ue fumishecl, upan request, at the cost af reproduction.
Commencement of Contract Times; Notice to Proceerl•
23. The Contract Tnnes will commence to run on the
thutieth day after the Effective Date of the Agraement, or,
if a Notice to T'roceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at
any rime within thirt}� days after the �ffective Date of the
.�reement. r.. ,,,+ �.:ii .�„ r-,..,..,.,.,�;,.,.,s
� r„ .� v, l..r�. rl,.,,, rl,� :.n:�rl, .�1..., ,.R,�� rl.� 11,...
tlYHY�tl�it,'r^m �,r-crs�.n' •LG'-���'d��crir�"�4it'E�ii�z ns" c
�F tL. � A,�.-�.,.. �... ..L.:,.L. �,.. .- .-1,.t„ : ,..-1: z,-
Starting the TL'ork:
2.4. CONTRACTOR shall start to perfonn the ���ork
on the datz when the Contract Tunes commencz to run,
buY no Work shall Ue done at the site prior to the date on
which the Contract Times commence to run.
Before Stnrting Construction:
2.5. Before undertaking each part of the Work,
CONTRACTOR shall carefully study and compare the
Contract Docwuents and check and verify pertinent
f��ures sho���n thereon and all apglicable field
maasurements. CONTRACTOR shall promptly� report in
w7iting to �NGINE�R any contlict, error, ambiguity or
discrepancy which COIVTRf�.CTOR may discover and
shall oUtain a written inter��retation or clarification from
ENGINEER Uefure proceeding with any ��'ork affected
thereUy; however, CONTR:�CTOR shall not be ]iaUla to
OwNER or ENGINEER for Yailure to report any conflict,
error, ambiguity or discrepancy in the (,ontract
Documents, unless CONTRACTOR knew or reasonably
should haue kno�vn thereof.
2.6. ��ithin ten days aftar the �ffective Date of the
Agreement (unless otherwise specified in the General
Requirementsj, CONTR4CTOR shall submit to
ENGINEER for review:
?.6.1. a preluninary progress schedule indicating
the times (numbers of days or datesl for starting and
completing the various staaes of the \�ork, including
any Milestc�nes specified in the Contract Documents;
?.6.2. a preliminary schedule of Shop Drawing and
Sample submittals which �vill list each required
suUmittal and the times for submitting, revie�ving and
processing such suUmittal;
�.62.1. In no case will a schedule Ue
acce��tabla which allows less than 21 calandar
days for each revie��� Uy Engineer.
?.6.3. A prelnninary schedule of values for all of
the \l�'ork tvhich will include quantities and prices of
items aggregating the Contract Price and will
subdivide the Work into component parts in sufficient
cletail to serve as the Uasis for progress payments
during construction. Such prices will include an
appropriate amount of overhead and profit applicable
to each it�m of L� ork.
2.7. Beforz any W"ork at the sita is started,
(`ONTRi�c'TOR a�a ^`��""zD shall efte# deliver to E#�
etk�F OWIVER, with copies to e^^�^ ^,�,�:,",^^� �,a
:a.,.,.:s;,�i : .wo c.,....i,..,,.,....,, r,..,�i:.t�s ENGINEER,
E.�CDC GENERt1L CONDITIONS 1910-3 (1990 Edition)
w; C�TY OF FGRT CGLLINS MODIFICATIONS {�y 4/2000)
certificates of insurance (and other evidence of insurance
�;,:,.�.���:.�..�.�+ «�.onn���—a��-a�i�ie�-l—t�s�e-c-�tt�a�
��es�.��k������si requested by OWI�IER'� which
CONTR4CTOR-� �'�>"z���€s}���a� is requirea
to purchase and maintain in accordance �vith
paragraphs 5.4�-E-ar�-�.
Preconsrruction Coe:feretice:
2.&. u'ithin twenty days after the Contract Tnnes start to
iwi, buY befare any Work at the site is starte<l� a conferenca
attended by CONTRACTOR, ENGINEER and others as
appropriate will be held to establish a �vorking
understanding among the parties as to the Wark and to
discuss the schadules referred to in paragraph ?.6,
procedures for handling Shop Drawings and othzr
submittals processing Applications for Payment and
mairnaining required recoras.
Initially Acceytable Schedules:
2.9. Unless otherwise pro��ided in the Contract
Documents, a.',��' -��..� �_,r,._, ,.,.�....:,.,.:,.� ,.rt�., r;_,..
�4H�lie-at-ic� F-�-�D^y�r�# before any tivork at the site begins,
a confarence attended by CONTRraCTOR, ENGIN��R
and others as a��s�iate desi�nated Uy OR'N�R, will be
held to review for acceptability to ENGINEER as providzd
below the schedules submitted in accordance with
paragraph?.b. and Division 1- General Requuements.
CONTR.4CTOR shall have an adclitional tzn days to make
corrections and adjustments and to complete and resubmit
the schedules. No prc,gress pa5�ment shall Ue made to
CONTRACTOR until the schedules are submitted to and
acceptaUle to LNGINEER as provided Uelow. Tha
progress schedule will be acceptaUla to �NGINEER as
provicling an orderly progression of the ��'ork to
completion within any specifiad Milestones and the
Contract Times, Uut such acceptance will naither impose on
ENGIN��R responsibility for the sequencing, scheduling
or progress of the �'ork nor interfere with or relieve
CONTRf1CTOR from CONTILaCTOR's full
responsibilitu therefor. CONTRACTOR's schedule of
Shop Drawing and Sample submissions will be accaptable
to ENGINEER as provicing a workaUle arrangement far
revieF�ing and processing thz required submittals
CONTRACTOR's schedula of values will be acceptable to
ENGINE�R as to fonn and substance.
ARTICLE 3--CONTRACT DOCU1�iENTS: INTEN'I',
EIMENDING, REiJSE
Intext:
3.1. The Contract Documents comprise the entire
ageement between 01UNER and CONTRACTOR
conceming the Work. The Contract Documents are
complementary; what is called for by one is as binding as if
called for by all. Thz Contract Documents will Ue
construecl in accordance ���ith the law of the place of the
Project.
3.2. It is the intent af the Contract Documents to
describe a funetionally complete Project (or part thereofj
to Ue constructed in accordance with the Contract
Docwnents. Any Work, materials or equipment that may
reasonaUly Ue infeired from the Contract Documents or
from prevailing custom or trade usage as being raquired to
produce the intended result will Ue furnishad and
perFornied whethzr or not specifically called for. LZ'hen
words or phrases which have a well-known technical or
construction industry or trade meaning are used to
descriUe Wurk, materials or zquipment, such words or
phrases shall Ue interpreted in accordance �vith that
mearung. Clarifications and interpretati�ns of the Contract
Documents shall be issued b}� �NGINEER as provi�led in
paragraph 9.4.
3.3. Referenee to SYanrlards and Specificationa� of
Teeh�2ica1 � Soeieties; Reporkng a�sd Resoli�ing
Diserepancies:
33.1. Reference to standarcls, specifications,
manuals or codes of any technical society, organization
or association, or to the Laws or Regulations of any
govemmental authority, whether such reference Ue
specific or Uy unplication, shall inean the latest
standard, specification, manual, code or Laws ar
Regulations in effect at the tune of opening of Bids (or,
on the �ffective Date of the Agreament if thara were
no Bicls), except as may Ua otherwise specifically
stated in the Contract Docwnents.
3.3.^_. If, during the performance of the Work,
CONTR.4CTOR c�iscovers any conflict, error,
amUiguiry or cliscrepancy ��ithin the Contract
Documents or beriveen thz Contract Docunients and
any Provision of any such La��• or Regulation
applicable to tha perfonnance of the Work or of any
such standard, specification, manual or code or of any
instruction of any Supplier referrzd to in para�aph 6.5,
CONTR4CTOR shall report it to ENGINEER in
writin� at once, and, CONTRACTOR shall not
proceed with the Work affected thereby (except in an
emergency as authorized Uy �aragraph 623) until an
amendment or supplement to the Contract Doeuments
}�as been issued by one of the methods indicated in
para�raph �.5 or 3.6; provided, however, that
CONTRACTOR shall not Ue liaUle to O�VNER or
ENGINEI;R for failure to report any such conflict,
error, aniUiguity or discrepancy unless
CONTRA('TOR knew or reasonably should have
known thereof.
3.33. E�cept as otherwise specifically stated in the
Contract Documents or as may be provided by
amendment or supplement therato issued Uy one of the
methods indicated in para¢raph 3.5 or 3.6, the
provisions of the Contract Documents shall take
precedance in resolving an}� conflict, error, amUiguity
or discrepancy beriveen the provisions oY the Contract
Documents and:
3.33.1. the provisions of any such standard,
specitication, manual, code or instruction lwhzther
or not specifically incorporated by reference in the
Contract Documents); c�r
EJCDC GENER.4L CONDITIONS 1910-8 (1990 Edition)
w/ CITY C�F FORT COLLINS MODIFICATIc�NS (REV 4l2000j
3.3.3.2. the provisions of any such Laws or
Regulations applicaUle to the performance of the
W'ork (unless such an interpretation of the
provisions of the Contract Documznts ��•ould result
in violation of such Law or Regulation).
3..i.4. In the zvent of conflictin� or amUi`u�us
provisions within tne Contract Documents,
�ecifications will take pracedence over the drawin�s
and addenda will take precedence over Uoth.
Notwithstanding the fore;;oinQ, the more specific
i
provision will take precedence over the less specific, the
more stringent will take precedence over the less
strineent tha more expensive item will take }�recedence
o��er the less expensive. On all clrawings, figures take
precedence over scalza dunznsions. Scaling of
dimensions, if done, is done at the CONTRACTOR'S
own risk.
No provision of any such standard, specification, manual,
code or insttuction sha11 be effzctivz to change the duties
and responsiUilities of O\�'I�rER CONTRaCTOR or
ENGINE�R or any of their subcontractors, consult�znts,
agents or employees from those set forth in the ('ontract
Documents, nor shal] it be effaetice to assign to 017vNER,
ENGINEER or any� of ENGIN�ER's Consultants, agents or
empl��}�ees any duty or authoxity to supervise or clirect tha
fumishing or perfonnance of the Worl. or any duty or
authority to undert��ke responsiUility inconsistant �vith the
provisions of paragraph 9.13 or any other provision of the
Contract Documents.
3.4. Whenever in the Contract Documents the terms "as
ordared", "as clirected", °as rzquired", "as allowed", "as
approved" or terms of like effect or import are used, or the
adjectives "reasonaUla", "suitaUle", "acczptaUle", "proper"
or "satisfactory" or adjectices of lil:e effect or import are
usea to describe a requirement, direction, re��iew or
judgment of ENGINEER as to the Work, it is intendzd that
such requirement, direction, reviaw or judgment �vill be
solely to evaluate, in general, the completed Work for
com��liancz with the requirem ents of and information in the
Contract Documents and conforniance with the dasign
concept of the completzd Projact as a funetioning whole as
sho�vn or indicated in the Contract Documents t unless there
is a specific statement indicating otherwisej. The usz of
any such term or adjective shall not be effective to assign to
ENUINEER any cluty or authority to supervise or clirect the
fumishing or performance of the �'ork or any duty or
authority to undertake responsiUility contrary to the
provisions of paragraph 9.13 or any other provision of the
Contract Documents.
Ame�arli�sg a�id Supp(eme�¢ti�ag Contract Documents:•
3.5. The Cornract Doctunents may Uz amendad to
provide for additaons, daletions and revisions in the Work
or to modify the tenns and conditions thereof in one or
more of the following ways:
3.5.1. a formal Written Amenchnent,
3.�.2. a Chan�e Order (pursuant to para�aph 10.4),
or �
3.5.3. a �y'ork Change Directive (pursuant to
paragaph 1�.1).
3.6. In addition, tha requirements of the Contract
Documents may be supplement�d, and minar variations
and deviations in the Work may Ue authorized, in one or
more of the following ways:
3.61. A Field Order (pursuant to paragraph 9.5),
3.6.?. ENGINEER's approval of a Shop Drawing ar
Sample (pursuant to paragraphs 6.26 and 6.27), or
3.6.3. ENGINEER's written interpretatian or
clariticarion (pursuant to paragraph 9.4).
Reuse of Doeue�xents:
3.7. CONTRACTOR, and any Subcontractor or
Supplier or other person or organization perfomiing or
fixrnishing any of the Work under a direct or indiract
contract ���ith Ot�':�TER (i) shall not have or acquire any
title to or ownership rights in any of the Drawings,
Specifications or other documents (or copies of any
thereo� prepared by or Uearing the seal of ENGINEER or
EiVGINEER's Consultant, and (iii shall not reuse any of
such Drawings, Specifications, other documents or copies
on ea�tensions of the Project or any other project �vithout
w�ritten consent af OWNER and �NGINE�R and specitic
wTitten verification or adaptation by ENGINEER.
ARTICL� �4—AVAIL.<1BILITY OF Lf�NDS;
SUBSURFaCE .�ND PHYSICAL CONDITIONS;
12EFERENCE POINTS
Availabiktv of'Lands:
�.I. OWNER shall fumish, as indicated in the Contract
Documents, the lands upon which the Work is to be
performed, rights-of-way and easements for access
theret��, ancl such other lands which are desi�ated for the
use of CONTRr1CTOR. � . �n"'� n��E��.�e��*
n�irn�mn ,t,.,_�--��-1-C-£���P n��'rn��,.:t�.��L.,.__,.t
�.r.,to«,�.,r ,.F�o,.,,,-.J lo....l r;rle .,...J le,..,l rl��,..:..r;,,.. „Frl.�
]�r.7�„�.,.. ...1,;,.1. rl,� �x',,.1, r.. t,� �wC,..,,,o�t .,...7
n�7�. �D�,. :.. . tw _.:� ,. ., +,._ ,.,
�f ., +�1�.,.. ��}..,..���� 7;�.. ..�r ,�1. 1.,.,�7�
v ,.���i....,.,��t#—�H�ie�� ��r�a�c�����rt��
OWNER s}�11 identify any encumbrances or restrictions
not of general application but specifically related to use of
lands so furnished with ���hich CONTR�CTOR will ha��e
to comply in performing the ��ork. Easements tor
permanent structures or permanent changes in eYisting
facilities ��ill be obtained and paid for by O��'NER, uriless
otherwisa provided in the Contract Docruments. IF
CONTRACTOR and O���T�J�R are unable to a�ee on
zntitlement to or the amount or extant of any adjushnents
in the Contract Price or the Contract Times as a result of
any delay in OWNER's fumishing these lands, rights-of=
w�ay or easements, CONTRACTOR may make a claun
therefor as provided in Articles 11 and 12.
E.�CDC GENERt1L CONDITIONS 1910-3 (1990 Edition)
w; CZTY OF FGRT CGLLINS MODIFICATIONS {�y 4/2000)
CONTRACTOR shall provide for all additional lands and
access thareto that may be required for temporary
eonstruction facilities or storage of materials and
equipment.
4.2. Subsurface andPltysical Conr&tions:
4.2.1. Rayor7s and Dr�ti��ings: Reference is made to
tha Supplementary Conditions for identification of:
42.1.1. Szrbs�u�%ace Coru�itirn�: Those reports of
explorations and tests of subsurfacz conclitions at or
contiguous to the site that have been utilized by
ENGINEER in preparing the Contract Dociunents;
and
4.?. ] 2. PI?vsicc�l Conc�itzorzr: Those drawings of
physical conditions in or relating to evsting surface
or subsurface structures at or coniiguous to the site
(except Underground Facilities) that have beon
utilized by ENGINEER in preparing the Contract
DocLunents.
4?.�^,. Limited Reliance by CONTRrlCTOR .4utlaorzzec��
Teclsrncal Data: CONTR4CTOR may rely upon the
general accuracy of the °technical data" contained in such
reports and dra�vings, Uut such reports and dra�vings are not
Contract Documents. Such "technical clata" is identifie1 in
the Supplementary Conditions. Except for such reliance on
such "technical data", CONTR4CTOR may not rely upon
or make any claim against Ol�'NER, ENUINEER or any of
ENGINEER's Consultants with res�ct to:
4.22.1. the complztenass of such reports and
drawings for CONTRACTOR's purposes,
including, Uut not lunited to, any aspects of thz
means, methods, techniques, sequences and
procedures of construction to Ue zmployed Uv
CONTRACTOR and safety precautions and
programs incident thereto, or
422?. other data, interpretations, oprnions
and information contained in such reports or shown
or inciicated in such ckawings, or
422.�. any CONTRACTOR interpretation of
or conclusion dra��n from any "technical data" or
any such data, interpretations, opinions or
inforni ation.
4.2.3. Notiee of D�ering Substir%aee or Physieal
Conditions: If CONTRACTOR believes that any
subsurface or physical condition at or contiguous to the site
that is uncovered or revealed either:
4.?3.1. is of such a nature as to establish that
any "technical data" on �vhich CONTRACTC)R is
entitled to rely as providad in paragraphs 42.1 and
4.22 is materially inaccurata, or
�232. is oi such a nature as to require a
change in the Gontract Documents, or
4.2.3.3. differs materially &om that sho�vn or
indicated in the Contract Documents, ar
4.?.�.4. is of an unusual nature, and differs
materiallp from conditions orainarily encountered
and generally rzcognized as inherent in work of
the character provided for in the Contract
Documents; then
CONTRACTOR shall, �� immediatelv after
Uecomin� aware thereof and before fiuther clisturUing
conditions affected thereby or performing any Wark in
connection therewith (eYcept in an emergency as
permitted Uy paragraph 6.�3), notify O\NNER and
ENGINEER in writing about such condition.
CONTR�CTOR shall not further disturb such conditions
or perform any \Uork in connection there���ith (z�cept as
aforesaid) until receipt of written order to ao so.
4.2.4. ENGINEER's Rei�iew: ENGINF,�R will
promptly review the pzrtinent conclitions, determine the
necessity of OWNER's obtai�ung adcGtional eaploration or
tests with respect thereto and advise OWNER in writing
(�vith a copy to CUNTR'�CTOR) of ENGINEER's
findings and conclusions.
42.5. Poss7bTe Conu�act Documents C'laange: If
ENGINEER concludes that a char�e in tha Contract
Documents is required as a result of a conclition that meets
ona or more of the categories in para�aph 4?.3, a\N'ork
Change Directive or a Change Order will be issued as
provided in Article 10 to raflect and document the
consequences of such change.
a.2.6. Poss�ibte P�zc� czrzc� Times Ac�'jzrstmerits: An
equitable adjustment in the Conuact Price ar in the
Contract Tuues, or Uoth, �vill Ue allowed to the eartent t}�zt
the existence of such unco��ered or revealed condition
causes an incrzase or decrease in CDNTR:ICTOR's cost
of, or timz required for perfonnance of, the Work; suUject,
however, to the following:
42.ti1. sueh ec�nclition must meat any one or
more of tha categories descriUed in
para�aphs 4.2.31 through 4.2.3.4, inclusive;
42.6.?. a change in the Contract Documents
pursuant to ��aragraph 4?.5 will not be an
automatic authorization of nor a conrlition
precedent to entitlement to any such adjushnent;
4.2.63. with respact to VJork that is paid for
on a Unit Price Basis, any adjushuent in Contract
Price will be subject to the provisions of
para�aphs 9.1( � and 119; and
42.6.4. CONTRACTOR shall not be entitlad
to any adjustment in the Contract Price or Times
if;
4.2.6.41. CONTRACTOR knew of
the existence of such eonditions at the
time CDNTRACTOR made a fmal
commihnent to OWNER in respect of
Contract Price and Contract Times by the
EJCDC GENER.4L CONDITIONS 1910-8 (1990 Edition)
w/ CITY C�F FORT COLLINS MODIFICATIc�NS (REV 4l2000j
submission of a bid or Uecomir� bound
under a negotiated contract; or
�?.6.4.2. th� axistznce of such
condition could reasonably have been
clisco��ered or revealed as a result of any
e�mination, investigarion, e��plorarion,
test or study of the site and contiguous
araas required by the Bidding
Requirements or Contract Documents to bz
conducted Uy or far CONTR4CTOR priar
to CONTRACTOR's making such final
commitnient, or
4.2.6.4.3. CONTRACTOR failed to
give the �H•ritten notice within the time and
as required by paragraph =4.�.3.
If OWNER and CONTRACTOR are unable to agree on
entitlement to or as to the amount or length of any such
equitable adjusrinent in the Contract Price or Conuact
Times, a clann may Ue made therefor as provided in
Articles 11 and 1?. However, OWNER, �NGINE�R and
ENGINEER's Consultants shall not Ue liaUle to
CONTRraCTOK far any claims, costs, losses or damages
sustained Uy CONTRACTOR on or in connection with any
other project or anticipated project.
4.3. Playszcal Co��difioias--Underem•ou�id Faci&ties:
43.1. Slaox��a or Irrc��ccrted: The information and data
shown or indicated in the Contract Documents ���ith
respect to existing LJnderground Facilities at or
contiguous to the site is Uased on infonnation and data
furnished to O���N�R or ENGINEER by the owners of
such Underground Facilities or by others Unless it is
otherwise e:�pressly provided in the Supplementary
Con�litions:
4.;.1.1. OR'NER ana ENGINEER shall not be
responsible for the accuracy or completzness of any
such information or data; and
4.3.1.?. The cost of all of the following will be
included in the Contract Price and CONTRACTOR
shall have full responsibility for: (i) revie�ving and
checking all such infomiation and data, fii) locating
all Underground Facilities sho�a�n or indicated in thz
Contract Documents,(iiij coordination of the Work
with the owners of such Underground Facilities
during eonstruction, and {iv) the safety and
protection of all such Underground Facilities as
provided in paragaph 6.20 and repairing any
damage thereto resulting from the R�ork.
4.32. Not Shoti+m or Indicatec�: If an Underground
Pacility is uncovered or revealed at or contiguous to
the sita which was not shown or indicated in the
Contract Documents, CONTRACTOR shall, �
nnmediatzlv after becomir� aware thereof and before
further disturUing conclitions af�zcted thereUy or
performina anv Work in connection therewith (except
in an emer�ency as required by paragraph b.��),
identify the orvner of such Underground F�cility and
give written notice to that owner and to OWNER and
ENGINEER. ENGINEER will promptly review the
Underground Facility and detennine the e��tent, if
any, to wlueh a change is required in the Contract
Documants to reflect and doeument the consequences
of the existence of the Under�ound Facility. If
LNGINEER eoncludes that a change in the Contract
Documents is required, a Work Change Duective ar a
Change Orde.r w ill be issued as provided in tarticle 10
to reflect and document such consequences. During
such time, CONTRaCTOR shall be responsible for
the safety and protection of such Undergound
Facility as provided in paragraph 6.'U.
CONTRACTOR sl�al� mav Ue allowed an increase in
th� Contract I'rice or an extension of the Contract
Times, ar both, to the zatent that thev are attributaUle
to the e�istence of any Undergrouna�Facility that was
not shown or inclicated in the Contract Documents
and that CONTRACTOR clid not l;now of and could
not reasonably have been expected to be aware of or
to have anticipated. ICO\�1VER and C(_)NTRACTUR
are unaUle to agree on enritlement to or the amount or
length of any such adjushnent in Contract Price or
Gontract Ti�nes, CONTRP.CTOR may make a claim
therefor as provided in .articles 11 and 1?. Ho��rever,
OwNER, ENGINEER and ENGIlVEER's
Consultants shall not be liaUle to CONTRACTOR for
any claims, costs, losses or damages incurred or
sustained Uy CONTRACTOR on or in connection
tivith any other project or anticipated project.
Referenee Points:
4.4. Ot��NER shall provide engineering surveys to
establish reference points for construction which in
�,NGINEER's jud�nent are necessary to enaUle
CONTRACTOR to proceed with the Work.
CONTRACTOR shall Ue responsible for lay�ing out the
LVork, shall protect ancl preserve the eskzblished reference
points and shall make na char�ges or relocations without
tha prior �vritten approval of OWNER. CONTRACTOR
shall report to ENGINEER whenever any reference point
is lost or destroyed or requires relocation because of
necessary changes in �ades or locations, and shall be
responsible for the accurate replaeement or relocation of
such referznce points Uy professionally qualified
personnel.
4.5. Asbestos, PCBs, Peb•aleum, Hazardous YYaste ar
Radioactive Nlaterial:
4.5.1. OWIVER shall bz responsible for any
Asbestos, I'CBs, Petroleum, Hazardous t��aste or
Raclioactive Material uncoverea or revealed at the site
which t��as not shown or indicated in Drawings or
Spacifications or identified in the Contract
Documents to Ue within the scope of the Work and
which may present a substantial danger to pzrsons or
prolxrty exposed thereto in connection �vith the �i�'ork
at thz site. 0��1V�R shall not Ue responsible for an}-
such materials brought to the site by
CONTRt\CTOR, Subcontractors, Suppliers or
anyone else for whom CONTRACTOR is
responsiUle.
E.�CDC GENERt1L CONDITIONS 1910-3 (1990 Edition)
w; C�TY OF FGRT CGLLINS MODIFICATIONS {�y 4/2000)
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ARTICLE S--BONDS AND INSUI2aNCE
Performaxce, Payinent and Other Bonds:
ti.l. CONTRACTOR shall turnish Performance and
Payment Bonds, each in an amount at least equal to the
Contract Price as security for the faithful perfonnance and
pay�nent of all CDNTRlaCTOR's obligations under the
Contract Documents. These Bonds shall remain in effeLt
at least until one year after the date when final payment
Uecomes due, except as provided otherwise by Laws or
Rewlations or Uy the Contract Documents.
CONTR�ICTOR shall also fumish such other Bonds as
are required by the Supplementan� Conditions. All Bonds
shall be in the form prescribed by the Contract Docwnents
e�cept as providea otherwise Uy 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 Boncls and as
AcceptaUle Reinsuring Companies" as puUlished in
Circular 57�) (amendedj by the Auclit StaB; Bureau of
Goverrunent Financial Operations, U.S. Treasury
Department. 1111 Bonds signed by an agent must Ue
accompanied by a certified copy of such agent's authority
Yo act.
5.^. If the suret}� on any Bond fumished by�
CONTR4CTOR is aeclared a bankrupt or becomes
insol�tent or its right to ao business is terminated in any
state where any l�art of the Projact is located or it ceases to
meet the requirements of paragraph 5.1, CONTR�.CTUR
shall within ten days thereafter suUstitute another Bond
and surety, both of which must be acceptable to ()�L'N�R.
5.3. Licer�sed Surefies arzd fnsurers; Cer7iftccttes of
Insurance:
�.3.1. All Boncls and insurance required Uy the
Contract Documants to be puzchased and maintained
by OWNER or CONTRACTOR shall Ue obtained
from swzty 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 requirecl. Such surety
and insurance companies shall also meet such
additional requirements anc� qualifications as may Ue
provided in tha Supplementary Conditions.
53.2. COIVTRACTOR shall deliver to OWNER
�vith copies to each additional insured identified in the
Supplementary Conclitions, czrtificates of insurance
(and other evidence of insurance requzsted Uy
O�j�NER or any other additional insurad) which
CONTR4CTOR is required to purchase and maintain
in accordance with paragraph 5.4. nzxmrc�,�..�.,.n
�t:..�r r„ r�nT�rTn;�r�Tn �kVi��EB��S—i„��a^t,
flElf�t
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.�,-1 r.. �. ��1...�.� .,..�1 .,, �.,r..�.. �.. ��1.,.,�., .,.;rl.
�isn£%a-�-i�1�i�fi€:
EJCDC GENER.4L CONDITIONS 1910-8 (1990 Edition)
w/ CITY C�F FORT COLLINS MODIFICATIc�NS (REV 4l2000j
CONT'Rr1CTOR's Liability Insur•ance:
�.4. CONTRACTOR shall purchasz and maintain such
liability and other insurance as is appropriate for the �'ork
Ueing performad and furnished ancl as will provick
protection from claims set forth below ���hich may arise out
of ar result from CONTFtt1CTOR's perfonnance ana
furnishing of the Work and CONTRaCTOR's other
c�Uligations uncler the Contraet Doetunents, whether it is to
be perPonned or furnished by CONTRACTOR, any
Subcontractor or Supplier, or by anyone directly or
indirectly employed by anp of them to p�rform or fumish
any of the VJork, or by anyone for whose acts any of them
may Ue liable:
5.�4.1. clanns under �vorkers' compensation, disability
Uenefits and other similar empl�yee benefit acts;
5.4.�. clauns for damages because of Uoclily injury,
occupational sickness or disease, or death of
CONTRr1CTOR's employees;
5.43. claims for damages because of boclily injurv,
sickness or disease, or death of any person other than
CONTR�ICTOR's employees;
S��la ,,,� F.� ,a,,.,,.,,,.,� �.,,a i,.. ,�.,,..,,,...
..,.i ;., n. r„i_:i;... ,.` ._,._, ...w:,.�. ,. �.,i.
i;� i... „ �.,ir ,.+ ., „r o..�,., ,�i�et�-eF
:,,,a;.o,.�i.' .-,i,,,:,,a �„ .�„ ,.....i,..,,..,,,. „r ..,,,.�, ,. r i,.,
r�n�.TTn �r�rnD :;� i.., ,. „rt,,� „ .. F,.. „
.'ci�i-,'-an3e',r . •
5.=4.5. clanns for damages, other than to the ���ork
itsel� because of injury to or destruction of tangiUle
property ���herever � located, including loss of usz
resulting therefrom; and
5.4.6. claims for damages Uecause of Uoclilv injury or
death of any Person or property damage arising out of
tha ownarship, maintenance or use of any motor
vehicle.
The policies of insurance so required Uy this paragraph 5.4
to be purchased and maintained shall:
�.4.7. with respect to insurance requirea by�
paragaphs 5.43 through 5.4.6 inclusive and �.4.9,
include� as additional insureds (subject to any
cusYomary exclusion in respect of professional
liaUilit��), O�i'NER, ENGINEER, ENGINEER's
Consultants and any other persons or entities identified
in the Supplementary Conditians, all of ��hom shall Ue
listed as additional insureds, and include coverage t'or
the respective ofticers and employees of all such
additional insurzds;
ti.4.8. inchzde the specific covera�es and Ue wzitten
for not less than the Ivnits of liaUility provided in tha
Supplementary Conditions or required Uy Laws or
Regulations, whichever is greater;
5.4.9. include completed operatians insurance;
�.4.10. include contractual liaUility insurance
covering CONTRACTOR's indemnity obligations
under para�aphs 6. I�, 6. I ti and 6.31 through 6.3 ;;
�.4.11. contain a provision or endorsement that the
coverage aFforded will not b� cancelled, materially
chanaed or rene���al refused until at least thirty days'
prior written notice has been givan to 01VNER and
CONTRr�CTOR and to each other adclitional insured
identified in the Supplementary Conditions to whom
a certificate of insurance has Ueen issued (and the
certificates of insurance fumished by the
CONTR4CTOR pursuant to paragraph �.3.? will so
providel;
5.4.12. remain in effect at least until tinal payment
and at all tunes thereaftzr when CONTR4CTOR may
be conecting, removing or replacing c�fective 1�'ork
in accordance with paragaph 13.12; and
�.�.13. with respect to completed operations
insurance, and any insurance co��erage �vritten on a
clanns-made basis, remain in effzct for at least ri��o
years after final payment (and CONTRACTOR shall
fumish O��TTER and each other additional insured
identified in the Supplamentary Conditions to whom
a certificate of insurance has been issued evidence
satisfactory ta 011vNER and any such additional
insured of continuation of such insurance at �inal
payment and one year thereaiterj.
OT�7v�R's Liabilitv It�surnnce:
5.5. In addition to insurance required to be providea
Uy CONTRACTOR under para�aph 5.4, O�rNER, at
OWNER's option may purchase and maintain at
OWNER's e�ense OWNER's o���n liabilit�� insurance as
will protect OWNER against claims ��hich may anse from
o1�erations under the Contract Documents.
Prope�7y Insuranee:
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w; CZTY OF FGRT CGLLINS MODIFICATIONS {�y 4/2000)
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and maintaining any property insurance to protect tha
viterests of CONTR.=�CTOR, Subcontractors or others i�
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EJCDC GENER.4L CONDITIONS 1910-8 (1990 Edition)
1 O w/ CITY C�F FORT COLLINS MODIFICATIc�NS (REV 4l2000j
in�'�-�- � � � ����s"�
i�r�a��y�J��l�T�
Receipt and.4pplzcation of Insurarzce Proceeds:
5.1^. :any insured loss under the policies of insurancz
required by� para�aphs 5.6 and �.7 will be adjusted with
O��TER and made payable to OWNER as fiduciary for tha
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 a�eement as the parties in interest
may reach. If no other special a�-zement is reached the
damaged Work shall be repaired or replaced, the moneys so
received applied on account thereof and the Work and the
cost thereof covered by an appropriate Change Ordzr ar
Written Amendmant.
5.13. OWN-ER as ficluciary shall have power to adjust
and settle any loss with the insurers unless one of the
partias in intarest shall objeet in �vriting within fifteen days
after the occurrence of loss to O�ZNER's exercise of this
power. If such objection be made, OWNER as fiduciary
shall make serilement with thz insurers in accordance with
sueh agrzement as the partias in interest may reach. If no
such ageement among the parties in interest is reached,
OL1'I�TER as fiduciary shall adjust and settle the loss with
the insurers �^�� ;' . ��' . ,.:,:^� �.., � �m
:,,r�.��� n�zrnrcn r�i,,,.�.,.. �t,.,tt � t�,,..�t �.,t,�
o.F.,..,,,,«.,.o ,.f �,,..1. ,7„+�e.,
�lcceptance �jBonds anrl Iasurance; Option to Re�laee.
5.14. If ett#�r—]�at#;d—(��n ����-nTd�F� 1�T�R�
OWNER has any objection to thz coverage afforded by or
other provisions of the �e�x�;--ef insurance required to Ue
purchased and maintained by the '�"er—i:a�'-�
CONTR4CTOR in accordance with Article � on the Uasis
of non-conformance with the Contract Documents, Ek�
e�ijee��-}�a�Et�ka$��e�a� OWNER will
noYi �� CONTRACTOR in writir� within Ec� fifteen days
aftar �-t�� delivery of the certificatas {eF-a�k��-�e=�e�
��j to OWNER as required by para�aph 2.7.
L�k�,���_..,, r-„T,�a-�-i� nr-mn�.t�,.��I�r�iele�s--�l-te
.,+1.�.- �,,.1. ..a.J:r;,,..,,1 ...G .�....,r:,,.. : o�r ,.F :«
Yo.,:,7�a�1 .,� �t,� ..rl,o. . .,.,1.1��, .��5£. �F �,:��l,�r
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. �s�
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n_ n�' b .
Ctl
Partial Utili�rion--Pr•operl��Insurance:
�.15. If OWNER finds it necessary to occupy or use a
��ortion oi portions of the Work prioi to Substantial
Completion of all the Work, such use or occupancy may
be accomplishzd in accordance with para�aph 14.10;
l�rovided that no such use or occupancy shall commence
Uefore the inzurers providing the propert�� insurance have
acknowledgad norice thereof and in writin� effected any
changes in coveraQe necessitated thereUy. The insurers
provicGng tha property insurance shall consent Uy
endorsement on the l�olicy or policizs, Uut the proparty
insurance shall not be cancelled or permitted to lapse on
account of any such partial use or occu�ancy.
ARTICLE 6--CONTRACTOR'S
RESPONSIBILITIES
Supernision and Superi�atendenee:
6.1. CONTRACTOR shall supervise, inspect and
direct the �kork competantly and efficiently, dzvating
such attention thereto and applying such skills and
expertise as may be necassary to perfonn tha \�ork in
accordance with the Contract Docucnents.
CONTRACTOR shall ba solely responsible for the means,
methods, techniques, sequences and procedures of
construction, but CONTRACTOR shall not Ue responsible
for the negligznce of others in the desi� or specification
of a specific means, methocl, technique, sequence or
procedure of construction which is shown or indicated in
and eapressly required by the Contract Dociunznts.
CONTR4CTOR s}�all be responsible to sae that the
completed 1Vark complies accurately with the Contract
Docum ents.
62. CONTRACTOR shall keep an the ��/ork at all
times dtuing its Progress a compe�tent resident
superintendent, who shall not Ue replaced without written
notice to OWN�R and LNGINEER eacept under
extraordinary circumstances The superintendznt will Ue
CONTRACTOR's rapresentati�re at the site and sha11 have
authority to act on Uehalf of CONTR�CTOR. All
communications to the superintendent shall Ue as binding
as if given to CONTRACTOR.
Labor, MateriaLs and Er�uiyment:
63. CONTRACTOR shall provide competent,
suitaUly qualified personnel to sun�ey, lay out and
construct the Work as required by the Contract
Docmnents. ('ONTRACTOR shall at all timas maintain
good cliscipline and order at the site. Except as othenvise
requued for thz safety or protection of persons or the
Work or proparty at the site or adjacent thareto, and
except as otharwise indicated in the Contract Documents,
all ��ork at the site shall bz performed during regular
�vorking hours and CONTR.aCTOR «�ill not pennit
oazrtune work or the perfonnance of ��ork on Saturdzy,
Sunday or any legal holiday without OWNER's ���ritten
consent given aftzr prior writtzn notice to ENUINEER.
CONTRACTOR shall submit requests to the ENGINEER
no lzss than 4R hoars in advance of any Work to be
performed on Saturday. Sunday, Holidays or outside the
Re�ular Workin�Hours.
E.�CDC GENERt1L CONDITIONS 1910-3 (1990 Edition)
w; C�TY OF FGRT CGLLINS MODIFICATIONS {�y 4/2000)
6.4. Unless otherwise specifizd in the General
Reyuirements, CONTRACTOR shall fumish and assume
full responsibility for all materials, equipment, labor,
transportation, construction equipment and machinery,
tools, appliances, fuel, power, light, heat, telephone, water,
senitary facilities, temporary facilitie�s and all other
facilities and incidentals necessary for the fumishing,
perfonnance, tzsting start-up and completian of the Work.
6.4.1. Purcl�asing Restrictions: CONTRACTOR
must camply with the Citv's purchasing restrictions. A
copy of the resolutions are availaUlz for review in the
offices of the Purchasing and Risk Management
Division or the Gity Clerk's office.
6.4?. Cement Restrictions: City of Fort Collins
Resolution 91-121 requires that suppliers and vroduczrs
of cement or products conta'nin� cement to certi .�
the cement �n��as not made in cement kilns that bum
hazardous waste as a fuel.
6.5. r111 materials and equipment shall be of good
quality and new, e�cept as otherwise provided in the
Cantract Docuinents. All warranties and guaranteas
specifically called for by the Specifications shall expressly
run to the benefit of O\�,�NER. If required by ENGIN�ER,
CONTRaCTOR shall fumish satisfactory evidenca
(including reports of required tasts) as to the kincl and
quality of materials and equipment. All materials and
ecluipment shall Ue applied installed connected, erzcted,
use�, cleaned ancl conditioned in accoraance �vith
v�structions of the applicaUle Su�plier, except as otherwise
provicied in the Contract Documents.
1'i�ogress ,4ehedule:
6.6. CONTRACTOR S}L3I1 aclhere to the progress
schedule estaUlished in accorclance ���ith paragaph 29 as it
may be adjusted from time to time as provided l�elow:
6.6.1. CONTRA('TOR shall submit to ENGIN�ER
for acceptance (to thz e�ant indicated in
paragraph'?9j proposed adjustments in thz progress
schedule that will not chan�e the Contract Tunes �or
Nlilestones). Such adjustments will conform generally
to the pro�ass schedule then in ef�ect and additionally
will comply with any provisions of the General
Requirements applicaUls thereto.
6.6.?. Proposea adjustments in the progress scheaule
that will char�a the Contract Times (or Milestonesj
shall be suUmitted in accordance with the requirements
of paragraph 12.1. Such adjustments may only Ue
made by a Change Order or Written r�nenchnent in
accordanee with Article 12.
6.7. Substitutesand "Or-Equal" Items:
6.7.1. Whenever an item of material or equipmant is
specifiad or described in the Contract Documents by
using tha name of a proprietary item or the na�ne of a
particular Supplier, the specification or description is
intandzcl to estaUlish the type, function and quality
required. Unless the specitication or description
contains or is followed Uy ivords reading that no lilce,
equi��alent or "or-equal" item or no suUstitution is
pennitted, other items of material or equipment or
material or equipment of other Suppliers may Ue
accepted by ENGINEER under the following
circumstances:
6.7.11. 'CJr�-Egr�al": If in ENGINEER's sole
discretion an item of material or equipment
proposed Uy CONTRP.CTOR is functionally
equal to that named and sufficiently similar so that
no change in related Work will Uz requued, it mav
Ue considered by ENGIN��R as an "or-equal"
item, in which case review and approval ot' the
proposed item may, in ENGIN�ER's sole
discretion, be accomplished without compliance
with some or a11 of tha requirements for
acceptance of proposed suUstitute items.
6.7.1.2. Sr.Ebstih�te Itettu: If in ENGRVEER's sole
discretion an item of material or equipment
proposzd by CONTRACTOR does not qualify as
an "or-equal" item under subparagaph 6.7.1.1, it
will be considered a proposed substitute item.
CONTRACTOR shall suUmit sufficient
information as providzd balow to allotv
ENGINEER to detennine that Cha item of material
or aquipment proposed is essentially� equivalent to
that nameil and an acceptaUle substitute therefor.
The procedure for review l�y the �NGINEER will
inclu�le the following as supplemented v1 the
General Requirements and as ENGINEER may
decide is appropriate under the circumstances.
Ru�uests for review of proposed substitute items
af material or equipment Fvill not Ue accepted by
ENGINEER from anyone other than
CONTRACTOR. If CONTRACTOR �vishes to
fumish or use a sul�stitute itam of material or
equipment CONTRACTOR shall first make
written application to ENGINE�R for acceptance
thereof, esrtiiying that the proposed substitute will
perform adequately the functions and achieve the
results called for by the ganeral desi�, Ue sunilar
in substance to that specifiad and be suited to the
same use as that speeified. The a�plieation will
state the extent, if any, to whieh the evaluation
and acceptance of the prc�posed suUstitute will
przjudice CONTRACTOR's achievement of
SuUstantial Completion on time, whathzr or not
acceptance of the substitute for use in the Work
will require a change in any of the Contract
Documents (or in the provisions of any othar
clirect contract ���ith 01�NER for �vork on the
Project) to aclapt the design to the proposed
suUstitute and 4vhethar or not incorporation or use
af the suUstiWte in connection with the Work is
subject to payment of any� license fee or royalty.
All vanations of the proposed substitute Errnn that
specifiad will Ue identified in the application and
available maintenance, repair and rzplacement
sen-ice will be indicated. The application will
also eontain an itemized estimate of all costs or
credits that will result direetl}� or indirectly from
acce��tance of such substitute, incluclin�, costs of
redesign and clauns of othzr contractors affected
,� EJCDC GENER.4L CONDITIONS 1910-8 (1990 Edition)
1` w/ CITY C�F FORT COLLINS MODIFICATIc�NS (REV 4l2000j
by the resulting change, all of w}uch will be
considered Uy ENGINEER in e��aluating the
proposed substitute. LNGINEER may requue
CONTRACTOR to fumish additional data about
Yha proPosed subsYitute.
6.7.1.3. CONTR3CTOR's Exp�r�sa: :�lll data to bz
provic]ed Uy CONTRACTOR in support of any
proposed "or-equal" or substitute item will be at
CONTRACTOR's e�pense.
6.72. Substitcrte Cor2s�t�uetion �Iedzods or
Procedures: If a specific means, method, technique,
sequence or procedure of construction is shown or
indicatecl in and expressly required Uy the Contract
Documents, CONTRACTOR may furnish or utilize a
substitute means, method, technique, sequence or
proczdure of construction acczptable to ENGINEER.
CONTRACTOR shall submit sut�'icient information to
allo�v ENGINEER, in ENGINEER's sola discretion, to
determine that the substitute proposed is equivalent to
that expressly called for Uy the Contract Documents.
The procedure for review by ENGIN�ER will be
sunilar to that provided in subparagraph 6.7.1.2.
6.7.�. En,gineer's Eval�tation: ENGINFER will Ue
allowed a reasonaUle tima within which to evaluate
each proposal or suUmittal made pursuant to
paragraphs 6.7.1.2 and 6.7.^. ENGIN�ER will be the
sole judge of acceptaUility. No "or-equal" or
substitute will Ue ordered, installed or utilized without
ENGINEER's prior written acceptance which will Ue
evidenced by aither a Change Orclzr or an appraved
Shop Drawing. 01�'N�R may requua
CONTRACTOR to furnish at CONTRaCTC)R's
expense a special perfonnance guarantee or other
surety with respect to any "or-equa]" or substitute.
ENGINEER will record time required by
ENGINEER and ENGIN�ER's Consultants in
evaluating substitutes proposed or suUmittec] by
CONTR4CTOR pursuant to paragraphs ti.7.1.2 and
6.7.2 and in making changes in the Cc�niract
Docmnents (or in the provisions of any other direct
contract w�ith OWNER for tivork on the Projectj
occasioned therebv. Whether ar not ENGINr�R
accepts a substitute item so proposed or suUmitted by
CONTRt1CTOR, CONTRACTOR shall rennbursz
O�i/NER for the charges of ENGINEER and
ENUINEER's Consultants for evaluating each such
proposecl suUstitute item.
6_8. Concerning Subcoxtractors, Supptiers and
OUiers:
6.8.1. CONTRACTOR shall not employ any
Subconh-actor, Supplier or other person or organization
�including those acceptable to OWNER and
ENGINEER as inclicated in para�aph 6.82j, whether
initially or as a substitute, against whom OWNER ar
ENGINEER may have reasonaUle objection.
CONTRACTOR shall not Ue required to employ any
Subcontractor, Supplier or other person or orgaruzation
to furnish or perfomi any of the Work against whom
CONTRACTOR has reasonaUle oUjection.
E.�CDC GENERt1L CONDITIONS 1910-3 (1990 Edition)
w; C�TY OF FGRT CGLLINS MODIFICATIONS {�y 4/2000)
6_9.
CONTRACTOR shall verform not less than '?0
vercent of the W ork with its own forces (that is,
without subcontracting�. The ?0 percent rec�uirement
shall Ue understood to refer to the Work the value of
which totals not less than 20 percent of the Contract
Price.
5.£.2. I€ t-k���=��:^�,�ny=rin,R.a:�i� Biddin
Documents r�quire the idantit}� of certain
3uUcontractors, Suppliers or other persons or
arganizations (incluclir�g those who are to furnish the
principal items of materials or equipmentl to be
suUmittecl to OWNER :~ ��'. �~�� �F •'�, �._,.;+;,a
� prior to the Effective Date oY the A�eement for
acceptance by OWNER and ENG�ER,—a�-i€
r�nTrrn n��rnv t�..,. ...t,...:.r,.�l l:.,n�o�t,_��.��n_�
�7E6HI'�'kHE� FFkE��i���'�".`-7'.'n�}f��'�iAll�.
OWNER's or ENGINEER's acceptance (zither in
writing or by failir� to make �vritten objection thereto
Uy the date indicated for acceptance or oUjection in
the bidding documents or the Contract Docutnentsj e€
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:,�,�.:c;,a �., _ .,.�_..a .�.,,
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aee��ial�k--sttl�s�i��-, '�=r�aet�ie�t�l—i�
,.a:,,�.o�� �.., .�.., ��:�r �,,,,.o :.. .�,., ,.,,..« „ ..,a �.,.
,;.1, �„l.�.r;�,r;,.« .,,,,1 ., �..r� r1,.,.,..� n.,-1.,.
..:�i �_. :, ...a ,._ ����...� �...,..a ....... .......��. ���ill
constitute a conchtion of the Contract requirin� the
use of the named subcontractors, suppliers or other
persons or organization on the Work unless prior
�7ittan ai��roval is obtained from C)WN�R ana
ENUINEER. No acceptance Uy OWNER or
LNGIN��R of any such Subcontractor, Supplier or
other person or organization shall constitutz a waiver
of any right of 01�'NER or ENGINEER to reject
defective Work.
69.1. CONTRACTOR shall Ue fully responsible to
OWNER and �NGINE�R for all acts and omissions
of the SuUcontractors, Suppliers and other persons
and organizations performing or fumishing any of the
Work under a direct or inclirect contract with
CONTRACTOR just as CONTRACTOR is
responsiUle for CONTRACTOR's own acts and
omissions. Nothing in the Contract Documznts shall
cxeate for the benefit of any such SuUcontractor,
Supplier or other parson or organization any
contractual relationship Uetween O��rNER or
ENGINELR and any such SuUcontractor, Supplier or
other person or organization, nor shall it create any
obligation on the part of O��NER or ENGINE�R to
pay or to see to tha payment of any moneys due any
such Subcontractor, Supplier or other person or
or�anization except as may othen��ise Ue rzquired by
La�vs and Regulations. O�kT1�R or ENGINEER maa
furnish to arn- subcontractor, sunt�lier or othar person
or organization zvidence of amounts paid to
CONTRt1C`.TOR in accordance with
CONTRACTOR'S "Applications for Payment".
13
6.9.�. CONTRACT OR shall be solely responsible
for schedulina and coordinating the Wark of
Subcontractors, Suppliers and other persons and
organizations perfornting or furnishing any of the
�Uork under a direet or indirect cantract with
CONTRr1CTOR. CONTR:�CTOR shall reyuire all
Subcontractors, Suppliers and such other persons and
organi�ztions �erfonning or fixrnishing any of the
Work to commurucate with the �NGINE�R through
CONTRACTOR.
6.1U. The divisions and sections of the Specifications and
the identifications of any Dra�vir�s shall not control
CONTRACTOR in diviclirg the Work among
SuUcontractors or Suppliers or delineaYing the Work to ba
performzd by any specific trade.
6.11. All Work perfonned for CONTRACTOR Uy a
Subcontractor or Supplier will be pursuant to an
appropriate agreement Uetween CONTRr1CTOR and tha
Subcontractor or Supplier which specifically binds the
SuUcontractor or Supplier to the applicaUle terms and
conditions of the Contract Doeuments for the Uenefit of
OWNER and ENGIlVEER `�'��r�•�a�3}�s�c�-a��E
:.�, ,, c„ti,.,,,,....�.,.� ,.. e,,,,..i;a. ..,�,,, :� i:�,o,a ,.
a�lc�iena���t� . i�-ix
P���a�s $.�-o —a�- 5 7, t#� a����te�i���������
r�nrrTn nr��rnn „rt rt,� c,�t,,.,,,,�..,,.r,.. „ c,�..,.t�.,. ..,:�t
...x.,_,i_. +w, c„i_,.,.��,.n.,._ ,._ c..._..i:,�
iV�3i-V-�S ^11�"^,�fS '^;,35{ nS�LrnrG��(�`nl�r�ri7 i��r`�rnn
�b
T�TT�`_1TTRL'A L'TT!_1TTC�A�C !'.,..�.,,li�.,,,rr .,.,�1 ..11 „rl.��
i,..�-�„�,���� � o�i �., r
��,
..F,.�� ..1�:«,.4�.....,. ,.f�l.�,�.:I,.,. �-11�..
s�e�-�.,��;�.:��.�1-��`��r��i�s��a3�ee—a��l-isal�l�-te
� t,r„�,�i, � .wo�„�„��s ^�,�sAe#3�c-i�s—r��
s��a�e�n . ... ... ..:.... .�, ���l�exEraetef-ef
b
C',,....1:,�. (`/ITTTA \(`T(lA ...:11 ..L.r.,:., rl.a ..
Patent Fees cuid Ro��alties:
6.12. CONTRACTOR shall pay all license fees and
royalties and asstune all costs incident to the use in the
perfonnance of the \7Jork or the incor��oration in the 1Vorl:
of any� invention, clesign, process, product or device which
is the subject of Patent rights or copyrig,hts held by others.
If a particular invention, desi�, process, product or davice
is specified in the Contract Docwnents for use in the
performance of the �uork and if to the actual knowledge of
OWN�R or �NGINEER its use is subject to patent rights
or copyrights calli»,; for the pa5�ment of any license fee or
royalty to others, the existence of such righ�s shall be
disclosed by O�k'NER in the Contract Dociunents. To the
fullest e��tent permitted Uy Laws and Regulations,
CONTRACTOR shall indemniiy and hold hannless
01i-NER, ENUINTER, ENGINEER's Consultants and the
officers, airectors, employees, agents ancl other consultants
of each and any of them from and against all claims, costs,
losses and damages arising out of or resulting from any
infringement of patent rights or copyrights incident to the
usa in the perforniance of the Work or resulting from the
incor��oration in the Work of any inventioq clesi�,
process, product or device not specified in the Contract
Documents.
Perniits:
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all
consYruction permits and licenses. OWNER shatl assist
CONTR4CTOR, when necessary, in obta'n'n� such
permits and licenses. CONTRACTOR shall pay all
goverrunental charges and inspection fees neczssary for
the prosecution of the Work, which are applicable at tha
tune of opening of Bids, or, if there are no Bids, on the
Effective Date of the Agreement. CONTRACTOR shall
pay all charges of utility owners for connections to the
Work, and O���R shall pay all charges of such utility
owners for c�pital costs related thereto such as plant
investment fees.
6.14. LawsandRegulatzons:
6.14.1. CONTR�CTOR shall give all notices and
comply �vith all Law�s and Regulations applicaUle to
furnis}ur� and perforxnance oF the Work. Except
where other�vise e���ressly required Uy applicaUle
Laws and Regulations, neither OWN�R nor
ENGINEER shall be responsible for monitoring
CONTRACTOR's complianca with any Laws or
Regulations.
6.14 �. If CONTRACTOR performs any Work
knowina or having reason to l:naw that it is contrary�
to Laws or Rewlations, CONTRACTOR shall bear
all claims, costs> losses and damages caused by,
arising out of or rasulting therefrom; however, it shall
not be CONTR4CTOR's primary responsibilit�• to
make cert�in that the S�ecifications and Drawings ara
in accordance with La�vs and Regulations, but this
shall not relieve CONTRACTOR of
CONTRACTOR's obligations under para�raph 3.�.2.
Taxes:
ti.l�. CONTR4CTOR shall pay all sales, consumer,
use and other sunilar taxes required to be paid by
CONTRr1CTOR in accordance with the La��s and
Rew lations of the place of the Project which are
applicaUle during the �rformance af the �York.
6.15. L OWNER is axempt from Colorado State and
local sales and use taxes on materials to be
nennanently incorporated into the proiect. Said tates
shall not be included in the Contract Price.
CONTRACTOR must a�ly for, and receive, a
Certificate of E�emption from the Colorado
Depamnent of Revenue for construction materials to
be �h sy ieall.�r�orated into the ��rolect. This
Certification of Exemption provicles that tha
CONTR4CTOR shall neither pay nor include in his
Bid, Sales and Use Tawes on those building and
ec�nstruction materials �hysically inc�rporated into
the project.
address:
Coloraclo Department of Revenue
State Capital Annax
EJCDC GENER.4L CONDITIONS 1910-8 (1990 Edition)
1`� w/ CITY C�F FORT COLLINS MODIFICATIc�NS (REV 4l2000j
137> Sherman Street
Denver, Coloraclo, 802ti1
Sales and Use Taxes Yor the State of Colorado,
Regional Transportation District (RTDI and certain
Colorado counties are collected Uy the State of
Colorado and are included in the Certification of
E�em�tion.
All applicablo Sales and Use T�xes (inclucling State
collect�d taxesl, on any items other than construction
and building materials �hysically incorporated into the
x�rotect are to be ��aid� CONTRACTOR and are to
Ue included in appropriate bid items.
Use ofPremises:
6.16. CONTRACTOR shall confine construction
equipmznt, the storage of materials and equipment and the
operations of workers to tha site and land and areas
identified in and permitted by thz Contract Documents and
other land ana areas lxnnittea by Laws ancl Regulations,
rights-of-way, permits �nd easements, and shall not
unreasonably encumUer the premises with constnxction
equipment or other matenals ar equipmant.
CONTRACTOR shall ass�une full responsibility for any
damage to any such land or area, or to the o��ner or
occuparn thereof or of any adjacent land or areas, resulting
from the perfonnance of the ��'ork. Should any claun ba
made by any such owner or occupant Uecause of the
performance of the Work, CONTR4CTOR shall prompCly
settle with such other party Uy negotiation or otherwise
resolve the claim by arbitration or other dispute rzsolution
proceeding or at law. CONTRACTOR shall, to the fullest
e�tent permitted by Laws and Regulations, indemnifi� and
hold hannless OWNER, ENGINEER, ENGINEER's
Consult�nt and anyone directly or indirect]}' employed by
any of them froin and agavist all clauns, costs, losses and
damages arising out of or resulting from any claim or
action, legal or equitaUle, Urought Uy any such owner or
occupant a�ainst OWNER, �NGINEER or any other parry
indemnitied hareunder to the extent caused by or Uased
upon CONTRACTOR's performance of the Work.
6.17. During the progress of the W"ork, CONTRACTOR
shall kaep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the
1�ork. At the completion of the ��'ork CONTRACTOR
shall remove all «�aste materials, rubbish an�l debris from
and about the premises as well as all tools, al��liances,
construction equipmznt and machinery and surplus
materials. CONTR�:CTOR shall leave the site clean and
ready for occupancy Uy O���N�R at Substantial
Completian of the �Uork CONTRACTOR shall restore to
onginal condition all property not designated for alteration
by the Contract Documents.
6.18. CONTRACTOR shall not load nor pennit any part
of any structure to Ue loacled in any n�anner that will
endar�er the structure, nar shall CONTRlaCTOR subject
any part of the luork or adjacent properiy to stresses or
preasures that will endar�ger it.
Recard Documents:
E.�CDC GENERt1L CONDITIONS 1910-3 (1990 Edition)
w; CZTY OF FGRT CGLLINS MODIFICATIONS {�y 4/2000)
6.19. CONTRACTOR shall maintain in a safe place at
tha site one record copy of all Drawings, Specifications,
Aadenda, �'ritten Amendments, Change Orders, Work
Change Directives, Field Orders and written
interpretations and clarifications iissued pursuant to
paragraph 9.41 in good order and annotated to sho��� all
chan�zs made during construction. These record
documants tagether with all approved Samples and a
counterpart of all approved ShoP Drawings will Ue
availaUle to bTTGINEER for reference. Upon campletion
of the �tiork, and prior to relzase of final pavment, thesa
record documents, Samples and Shop Drawings will be
delivered to ENUINEER for OWN�R.
Safetv a�zd Proteckon:
ti2U. CONTRaCTOR shall be responsiUle for
initiating, mainta'n'ng and supervising all safaty
precautions and programs in connection with t}�e Work.
CONTRACTOR shall take all necessary precautions for
the safzty of, ana shall provide the necessary protection to
prevent damage, injury or loss to:
6.?0.1. all persons on the \�ork site or who may be
affected by the ��'ork;
620.2. all tha A�ork and matarials and aquipment to
be incorporated therein, whether in storage on or o£f
the site; and
620.3. other property at the site or adjacent therato,
including trees, shruUs, lawns, walks, pavements,
roadways, structures, utilities and Underground
Facilities not designated for removal, relocation or
replacement in the course of construction.
CONTRA(.'TOR shall camply with all applicaUle La��s
and Rzgulations of any puUlic body having jurisdiction for
safety of persons or property or to protect them from
damage, injury or loss; ana shall erec;t and maintain all
necessary safeguards for such safety and protection.
CONTIZ4CTOR shall notify owners of aajacent property
and of Underground Pacilities and utility owners when
prosecution of thz Work may affect them, and shall
cooperate with them in tha protection, removal, relocation
and rzplacement of their property. :all damage, injury or
loss to any property referred to in paragraphs 6?0.^_ ar
6203 causecl, clirectly or indrrectly, in whole or in part, by
CONTRACTOR, any Subcontractor, Supplier or any
other l�erson or organization directly or indirectly�
employeci Uy any of them to perform or fumish any of tha
\�%ork or anyone for whose acts any of them may Ue liable,
shall ba remedied by CONTRACTOR (excapt damage or
loss attriUutaUle to the fault of Drawings or Specifications
or to the acts or omissions of O��NER or ENUIN�ER or
ET�TGINEER's Consultant or anyone employed Uy� any of
them or anyonz for «�hose acts any of them may be liaUle,
and not attributaUle, clirectly or indirectly, in whole or in
part, to the fault or negligence of CONTRACTOR or any
Subcontractor, Supplier or other person or organization
clirectly or indirectly employed by any of them).
CQNTRACTOR's duties and responsibilities for the safety
and protection of the ���ork shall continue until such time
as all the Work is completed and ENCiINEER has issued a
15
notice to OWN�R and CONTRACTOR in accordance
with paragraph 14.13 that the Work is acceptable (except as
otherwise expressly provided in connection with
Substantial Completionj.
6.21. Safety Representatii>e:
CONTR�aCTOR shall desi�ate a qualitied ana
e:t�erianced safety repraseniative at the site whose duYias
anci responsiUilities shall Ue the prevention of accidents and
the maintaining and supervising of safety precautions and
programs.
Hn;,urd Cornmuniccrtion Prograras:
b22. CONTRACTOR shall Uz responsible for
coordinating any exchange of material sa£ety ck�ta sheets or
other hazard communication infonnaYion required to Ue
made availaUle to or exchan�ed Uetween or among
employers at the site in accordance with Laws or
Regulations.
Enierge�icies:
6?3. In emergencies affectir� the s�zfety or protection of
persons or the Work or prol�erty at the site or adjacent
tharato, GONTRP.CTOR, without specia] instruction or
authorization from O���NER or ENGINEER is oUligated to
act to prevent threatened damage, injury or loss.
CONTR4CTOR shall give ENGINEER prompt written
notice if CONTRAC"TOR believes that any significanY
changes in the Work or variations from the Contract
Documents have Uean caused thereby. If ENGINEER
deterntines that a change in the Contract Documants is
requirea because of the action taken by� CONTR4CTOR in
response to such an emergency, a Work Change Directive
or Change Order will be issued to document the
consequences of such action.
6.24. Shop Drawings and Sa�xples:
624.1. CONTR�.CTOR shall suUmit Shop Drawings
to ENUIN��R for review and approval in aecordancz
with the accepted schedule of Shop Drawings and
Sample submittals (see para�raph 2.91. All suUmittals
will Ue identified as ENGINEER may require and in
the number of copies speLitied in the General
Requirements. The clata shown on the Shop Drawings
will be complete with res�act to quantities,
dunensions, specified perfonnance and design criteria,
materials and similar data to show ENUINEER the
inaterials and eyuipment CONTR�CTOR proposes to
provide and to enable ENGINEER to review the
information for the limited purposes required Uy
paragraph ti.?6.
6.?4.2. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accorclance
with said accepted schedule of Shop Drawings and
Sample suUmittals. Each Sample will be identifiad
clearly as to matzrial, Su�plier, pertinent data such as
catalog nwnbers and the use for �y�hich intended and
othenvise as ENUINEER may require to er��ble
ENGINEER to review the submittal for the limited
purposes required by paragraph 6.26. The numbers
of each Sample to be submitted will be as specified in
the Specifications.
6.25. Submittal Procetlures:
62�.1. �zfore submitting each Shop Drawing or
Sample, CONTRAC_TOR shall have detennined and
verified:
6.?5.1.1. all Field measurements, quantities,
dimensions, specified perfonnance criteria,
installaYion requirements, materials, catalog
numbers and similar infonnation with respect
thereto,
6.25.12. all materia;ls with respect to intendad
use, fabrication, shipping, handlir�, storage,
assembly and installation pertaining Yo the
performance of the R%ork, and
ti.25.1.3. al1 inforniation relative to
CONTIL�.CTOR's sole responsiUilities in respect
of ineans, methods, techniques, sequences and
procedures of construction and safery precautions
and programs incident thereto.
CONTRACTOR shall also have revie�n�ed and
coordinated each Shop Dra`��ing or Sample ���ith other
Shol� Drawings and Samples and with the
requirements of the Work and the Contract
Documents.
6.25.2. Each suUmittal will bear a stamp or specitic
written indication that CONTR4CTC)R has sarisfiea
CONTR4CTOR's oUligations under the Contract
Documants with respect to CONTRACTOR's ravie«�
and approval of that submittal.
6253. At the time of each suUmission,
CUNTRACTOR shall give ENGINEER specitic
writYen notice of such variations, if any, that the Shop
Drawing ar Sample submitted may have from the
requirements of the Contract Documents, such notice
to be in a written communication separate &om the
suUmittal; and, in addition, shall cause a spzcific
notation to be made on each Shop Drawing and
Sample suUmitted to �NGNEER for revie�v and
�PPro��al of each such variation.
6.�6. ENUINEER will review and approve Shop
Drawings and Samples in accordance ���ith the schedule of
Shop Drawir�s and Sample submittals accepted by
ENGINEER as required Uy para�aph ?.9. ENGINEER's
review and approval will be orily to deYermine if the items
covered Uy the suUmittals will, after installation or
incor��oration in the Work, confonn to the information
�iven in the Contract Docurnznts and be compatible with
the desi�n concept of the completed Project as a
functioning whole as indicated by the Gontract
Documents. ENGINEER's revie��� and approval ��•ill not
e��tend to means, methods, techniques, sequences or
procedures of construction (eacept where a particular
means, method, technique, sequence or pracedure of
EJCDC GENER.4L CONDITIONS 1910-8 (1990 Editicm)
16 w/ CITY C�F FORT COLLINS MODIFICATIc�NS (REV 4l2000j
construction is specifically and expressly called for by the
Contract Documentsj or to safety pracautions or programs
incident thereto. The review and approval of a separate
item as such ���ill not inclicate approval of the assembly in
which the item functions. CONTRaCTOR shall make
corrections required Uy ENGINEER, and shall retum tha
required number of corrected copies of Shop Drawings and
suUmit as required new Samples for reF�iew and approval.
GC)NTRACTOR shall duact spacitic attention in writing to
revisions other than the corrections called for by
ENGINEER on previous submittals.
6.27. ENGINEER's review and approval of Shop
Drawings or Samples shall not relieve CONTRACTOR
from responsiUility for any variation from the requiremants
of the Contract Documents unless CONTRACTOR has in
��Titing called ENGINEER's attention to each such
variation at the time of submission as required Uv
paragraph 6.?5.3 and �NGINEER has given writtzn
approval of each such variation by a spzcific written
notation thereof incorporated in or accompanying the Shop
Drawin� or Sample approval; nor will any approval by
ENGINE�R relieve CONTR�CTOR from responsibilij�
for complying with the requirzments oY para�aph 6.��.1.
628. Where a Shop Drawing or Sample is required by
the Coniract Documents or the schedule of Shop Drawing
and Sample submissions acc;epted by ENUINEER as
required by paragzaph "?.9, any relatecl Work performed
prior to ENGINEER's review and approval of the l�ertinent
suUmittal will be at the sole e��pensz ana responsibility of
CONTRACTOR
Continuingthe 1�Y'o�k:
629. CONTR�ICTOR shall carry on the �T�ork and
adhere to the progress schedule during all disputes or
disagreements with OWNER. No Work shall be delay�ed or
post�ioned pending resolution of any disputes or
clisagreements, except as pennitted by para�aph 15.5 or as
OWI�TER and CONTR�.CTOR may othanvise agree in
�vritir�.
6.30. CONTR=ICTOR's General T�Yarranty anrl
Guararxtee:
ti30.1. c�ONTRaCTOR wanants and guarantees to
OI�NER, ENGINEER and ENGINEER's Consultants
that a11 \�ork will be in accordance with the Contract
Docwnents and will not Ue dzf�ctivz.
CONTRACTOR's warranty and guarantee hereunder
eticludes defects or damage caused Uy:
63U.1.1. abuse, moclification or unproper
maintenance or operation by persons other than
CONTRACTOR, Subcontractors or Suppliers; or
63012. normal wear and tear under normal
usage.
6.302. CONTRraCTOR's obligation to perform and
complate the Work in accordance with the Contract
Documents shall be aUsolute. None of the following
will constitutz an acceptance of Work that is nat in
E.�CDC GENERt1L CONDITIONS 1910-3 (1990 Edition)
w; C�TY OF FGRT CGLLINS MODIFICATIONS {�y 4/2000)
accordance with the Contract Docusnents or a release
of CONTR.4CTOR's obligation to perfonn the Work
in accordance with the Contract Documents:
63c).2.1. observations by �NGINEER;
6.�u22. recommendation of any proeress or
final payment by ENGINEER;
630.=.3. the issuance of a certificate of
Substantial Campletion or any payment by
OLUNER to CONTRACTOR under the Contract
Documents;
630.2.4. use or oceupancy of the Work or any
part thereof by OVJNER;
63Q?.�. any acceptance by 01hrNER ar anv
failure to do so;
630.2.6. any review and approval of a Shop
Drawing or Sample suUmittal or the issuance of' a
notice of acceptability by LNGIN�ER pursuant
to para�aph 14.13;
b30.=.7. any inspection, test or approval by
others; or
6.31i.2.3. any corraction of c�efeetive 1�ork by
OWNER.
Indemnificafion:
6.31. To the fullast extent �ermitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER ENGINEER's
Consultants and the officers, directors, employees, agents
and othzr consultants of each and any of them from and
a�ainst all clanns, costs, losses and damages �inclucling,
but not limited to, all fees ancl charges of enginzers,
architects, attomeys and other professionals and all court
or arUitration or other dispute resolution costs} caused Uy,
arising out of or resulting from the performance of the
Work, provided that any such claim, cost, loss or damage:
(ij is attriUutaUle to bodily injurv, sicl�ess, disease or
death, or to injury to or destruction of tangiUle properiy
(other than the Work itselfl, including the loss of use
resulting therefroin, and (ii) is caused in whole or in part
by any negligent act or omission of CONTR4CTOR, any
Subcontractor, any Supplier, any person or organization
diractly or incluzctly amployed by any of them to perform
or fumish any of the Work or anyone for whose acts any
of them may be ]iable, regardless of whether or not caused
in part Uy an�� negligence or omission af a person or entity
indemnified �hereunder or whether liability is imposed
upon such indemnified party by Lativs ancl Re��ulations
regardless of the negligence of any such person or entity.
6.32. In any and all claims against OWNER or
ENGINEER or any of their respective consultants, agents,
officers, directors or employees by any employee (or the
sun�ivor or personal representative of such employee) of
CONTRACTOR, any SuUcontractor, any Sul�plier, any
person or arganization clirectly or induectly employed by
17
any of them to perform or fumish any of the R�'ork or
anyone for whose acts any of them may be liaUle, the
indemnitication obligation under paragraph 6.31 shall not
be limited in any way by any limitation an the amount or
t��pe of damages, compznsation or benefits payable by or
for CONTRACTOR or any such Subcontractor, Supplier or
other person or organization undar workers' compensation
acts, disability benzfit acfs or other employee l�enatit acts.
633. The indemnification oUligations of
CONTRACTOR under paragraphb..il shall not ea�tend to
the liability of ENGINEER and ENGINEER's Consultants,
officers, clirectors, employees or agents caused by the
professional negligence, errors or omissions of any of them.
Sumii�nl of Obligations:
634. All representations, indemnifications, warranties
and guarantees made in, required by or given in accordance
with tha Contract Documents, as well as all continuing
obligations indicatecl in the Contract Documents, will
survi��e final payment, complztion and acceptance of the
Wark ancl terniination or complation of tha �lgreement.
ARTICLE 7--OTHER W"ORIi
Relnted I� ork at Site:
7.1. OI��NER may perfonn other work relat�d to the
Project at the site by O�UNER's own forces, or let other
direct contracts therefor which shall contain General
Conditions sunilar to these, or have other �vork performed
by utility o���ners. If the fact Yhat such other Gvork is to Ue
performed was not noted in the Gontract Documents, then:
(i) writtan notice thereof will Ue given to CONTRACTOR
prior to startir� any such other �vork and
(ii) CONTRACTOR may make a claim therefor as
provided in Articles I 1 and 1'? if CONTRACTOR believes
that such perforniance will im�olva adclitional expense to
CONTRACTOR or requires additional tune and thz partias
are unable to agree as ta the amount or extent thereof.
72. CONTRACTOR shall afford each other contractor
who is a party to such a direct contract and each utility
oumer (and O\UNER, if OWN�R is performin� the
additiona] work «ith OWNER's employees) proper and
safe access to the site and a reasonable opportunity for tha
vltroduction and storage of materials and equipment and
the eaecution of such other work and shall properly connect
and coordinate the ���ork ���ith theirs. tinless otherwise
provided in the Contract Documents, CONTRACTOR
s}�Il do all cutting, fitting �nd patching of the Work that
may Ue requirea to make its several parts come together
properly and integrate with such other work.
CONTRACTOR shall not endanger any work of others Uy
cutting, e�cavating or ather���ise altering their work and
will only cut or alter their work with the written consent of
ENGINEER and the others whosa work will be a£fectecl.
The duties and responsibilities of CONTRACTOR under
this ��aragraph are for the benefit of such utility owners ana
other contractors to the eYtent that there are comparable
provisions for the benefit of CONTRACTOR in said
direct contracts between OWNER and such utility o��ners
and other contractors.
73. If the proper zxecution or results of any part of
CONTRACTOR's \k'ork depends upon work perfonned
by others under this :�rticle 7, CONTIL�CTOR shall
inspect such other wark and promptly report to
ENUINE�R in writing any delays, aafects or deYiciencies
in such other work that render it unavailaUls or unsuitable
for the proper execution and results of CONTRIICTOR's
Work CONTR4CTOR's failure so to report �uill
constitute an acceptance of such other work as fit and
proper far integration with CONTRACTOR's VVork
except for latent or nonapparent dafecYs and deficiencies
in such other work.
Coordination:
7.4. If OWNER contracts with others for the
perforniance of other work on the Project at the site, the
following will be set forth rn Supplementary Conditions:
7.4.1. the person, fmn or corporation who will have
authority and responsibilit�- for coordination of the
activitizs among the various prune contractors will Ue
identified;
7.4.2. the specific matters to be covesed by such
authority and responsiUility will ba itemized; and
7.4.�. the axtent of such authority and
responsibilities will be provided.
Unless othen�ise provided in the Supplementary
ConcGtions, O��NER shall have sole autharity and
responsiUility in respect of such coorclination.
ARTICL� 8--OWN�R'S RESPONSIBILITI�S
8.1. Except as otherwise provided in these General
Conclitions, OWNER shall issue all communications to
CONTRIICT OR through BNGII�ER.
S.^_. In case of termination of the employment of
ENGINEER, OWI�TER shall appoint an enginear a�a�s�
.. L.,.,.-. �"ll7.TTD A!"TIID .....1-�.. .. «..L.1 � ,.t�: �,.t:,.
���hosa status under the Contract Documents shall Ue that
of the former �NGINEER.
�.a. OWNER shall furnish the data required of
OWNER under the Contract Documents promptly and
shall make paynients to CONTRACTOR promptly when
they are due as provided in paragraphs 14.4 and 14.13.
8.4. 01UNER's �luties in respect of proaiding lands
and easements and providing engineering surveys to
establish reference points ara set forth in paragraphs 4.1
and 4.4. Paragraph 42 refers to OWNER's identifying
and makin� available to CONTRACTOR copies of
raports of explorations and tests of suUsurface conditions
at the site and drawings of physical conditions in existing
EJCDC GENER.4L CONDITIONS 1910-8 (1990 Edition)
1& w/ CITY C�F FORT COLLINS MODIFICATIc�NS (REV 4l2000j
structures at or contiguous to the sit� that have been utilized
by �NGINEER in preparing the Contract Documents.
R.�.���x�rGn���^�il�liti.-�--�, ,., x ��,� .
rr���a� s�
,...,a ... :.....:..:.... i;..�.;i:+. ,..,a .. ..,.�, no.
_ _ ��� .
8.6. OWI�IER is oUligated to e�ecute Change Orders as
indicated in paragaph 10.4.
&.7. O�VNER's responsibility in respect of certain
inspections, tests and approvals is szt forth in
paragraph 13.4.
8.8. In connecrion with OWNER's right to stop Work or
suspend \�ork, sze paragraphs 13.10 ancl 15.1.
Parapaph 15.? deals with OWNER's nght to temiinate
services of CONTRACTOR under certain circtunstances.
�.9. The OR�NER shall not supen%ise, direct or hava
control or authority over, nor be responsible for,
CONTRACTOR's ineans, methods, techniques, sequences
or procedures of construction or the safety precautions and
programs incident thereto, or t'or any failure of
CONTR�ICTOK to comply with Laws and Rem�lations
applicable to the Furnishing or performance of the �'ork.
OWNER will not be responsible for CONTRACT(�R's
failure to perfonn or fumish the L��ork in accordance with
the Contract Documents.
. �_ r - � -
.� ' .�
.��
- - - �' ' - -- -
■ .��.
ARTICLE 9--ENGINEER'S STATi1S DLIRING
CONSTRLiCTION
OI-�7VER's Representerlive:
9.1. ENGINE�R ���ill be OWNER's representative
during the construction period. The duties and
responsibilities and the limitations of authority of
ENGINEER as OWNER's represenYative during
construction are set forth in the Contract Documents and
shall not be e�tended without written consant of OWNER
and �NGINEER.
�sit,s to Site:
92. ENGINEER will make visits to the sita at intervals
appropriate to the various stages of cons�truction as
ENGINEER deems necessary in order to observe as an
eaperienced and qualified desi� professional the progress
E.�CDC GENERt1L CONDITIONS 1910-3 (1990 Edition)
w; CZTY OF FGRT CGLLINS MODIFICATIONS {�y 4/2000)
that has been made and the quality of the various aspects
of CONTRACTOR's executed �'ork Basecl on
information obtained during such visits and observations,
ENGINEER will endeavor for the benefit of OWNER to
determine, in general, if Yhe ��'ork is proceeding in
accordance with the Contract Documents. ENGINEER
will not Ue required to make z�haustive or continuous on-
site inspections t� check the quality or quantity of the
��ork. ENGINEER's at�orts will be directed toward
provicling for OWNER a�eater degree of confidence that
the completecl �'ork ���ill conform generally to the
Contract Documents. On the basis of such visits and on-
site oUservations, ENGINEER will keep O\NNER
infonned of the progress of the Work and will endeavor to
guard OWNER against c�feetn�e Work. ENGINE�R's
visits and on-site observrvations are surject to all the
limitations on ENGINEER's authority and responsibility
set forth in paragraph 9.13, and particularly, but without
limitation, dwing or as a result of �NGINEER's on-site
visits or obs�rvations of CONTRACTOR's Work
ENGINEER will not supervise, direct, control or have
authority over or Ue responsiUle for CONTRACTOR's
maans, methods, techniques, sequences or procedures of
construction, or the safety precautions and pro�anis
incident thereto, or for any failure of CONTRIaCTOR to
coinl�ly with Laws and Regulations applicaUle to the
furnishing or perfonnance of the �L'ork.
Projeet Represeiatative:
9.3. If OWNER and ENGINEER agree, ENGINEER
will furnish a Resident Project Rzpresentative to assist
ENUINEER in providir� more cont�nuous observation of
the ��'ork. The responsiUilities and authority and
limitations thereon of any such Resident Project
Representative and assistants will Ue as l�rovided in
paragraphs 9.3 and 9.13 �EI ���,�'^� �l���te��=
r��,a:r;er�s of these Gener�l Conditions. If Otii�NER
desigiates another representative or agent to represent
O\h�NER at the site who is not ENGINEER's Consultant,
agent or employee, the responsibilities and authority and
limitations thereon of such other pzrson �vill be as
provided in „�� �,.�,.'�... _�•��. �-._�a:•:�~� paragrauh 93
of these General Conditions. If the �1VGINEER fumishes
a Rzsident Proiect Reprasentative (RPR) or other
assistant�s, or if tha O�kNER desi�nates a Representative
or agern, all as provided in paragraph 9. � of the General
Conditions, these Re}�resentatives shall have the authorit��
and limitations as pmviaed in paragraph 9.13 of the
General Conditions ana shall be subject to the following
93.1. The Representative's dealings in matters
pertairung ta the on-site work will, in gener�l, be with
the ENGINEER and CONTRACTOR. But, the
Representative �vill keep the OLUN�R prc�perly
advised about such matters. The Representative's
dealin�s with subcontractors Fvill only be throuQh or
with the full knowledae and approval of the
CONTRACTOR. �
932 Dutias and ResponsiUiliries Re�resentative
will:
9.3.2.1. Schedules - Review the prog7eSS
19
schedule and other schedules prepared by the
CONTRr�CTOR and consult with the
ENGINEER concerning acceptabilit�
9.3?.2. Conferencas and Meeting - Ariend
maeting with the CONTRACTOR such as
preeonstruction con£erenees, pro�ress meetings
and other iob confzrences and prepare and
circulata co��i�.s of minutes of ineatira�s.
93.23. Liaison
93?3.1. Sen�e as ENGIN�ER'S liaison
with CONTRACTOR, working_principally
tluough CONTRaCTOR'S superintendent to
assist the CONTRACTOR in understandin�
the Contract Documents.
93.2.3.2. Assist in obt�ining fiom OWNER
aclditional details or infonnation, when
required, for proper execution of the Work.
9.3.2.3.3. Ad��ise the �NGINE�R and
CONTRACTOR of the commencement of
anv Work rzc�uiring a Shop Drawing or
sample suUmission if the submission has not
Ueen approved by the ENGIN�ER.
9.3.2.4.Review of Work, Rejection of Defective
Work, Inspections and Tests -
93.2.4. L Conduct on-site aUservations of
the Work in �rogress to assist the ENGINCER
in detennirun� that the Work is proceedinQ in
aceordance with the Contract Documents.
9.3.�.4.2. Renort to the ENUINEER
whenever the Representative Uelieves that the
l��ork is unsatisfactory, faulty or defective or
does not conform to the Contract Documents,
or has bean damaged, or does not meet the
requirements of any inspections, tests or
at�Urovals raquired to be mada; and advise the
ENGINEER ���hen he believes work should Ue
corrected or rejected or should be uncovered
for oUservatior� or requires special testing,
inspection or approval.
9.3.2.a.3. Accom�rany visiting inspectors
rzpresentin�public or other aQencies having
iurisdiction ovar the Projeet, record the results
oF these inspections and report to the
ENGINEER.
9.3.2.5. Inter�retation of Contract
Documents. Report to ENGINEER �vhen
clanficatians and int�rpretations of the Contract
Documents are needed and transmit to
CONTRACTOR clarificati�n and interpretation
of thz C'.antract Documents as issued U�
ENGINEER.
932.6. Moclifications. Consider ana
evaluate CONTRt�CTOR'S sug�estians far
modification in Dra�vings ar Specifications and
report these recommendations to ENGINEER.
Accurately transmit to CONTRACTOR
decisions issuea by the ENGINEER.
93.2.7. Records.
9.32.7.1. Maintain at the Representative's
office orderly files conceming
correspondence, ret�orts of iob conferences,
Shop Draw�ings and saniples, reproductions
or ori�ina] Contract Documents includir� all
Work Directive C}�anges, Addenda, Change
orders, Piald Orders, additional drawinps
issued subsec�uent to the execution of the
Akreement, ENGIN�ER'S clarifications and
inter��retations o£ the Contract Documents,
pro�ress reports and other project
docLun ents.
9.32.7.2. keep a diary, daily
report forni, or log Uook, recording hours on
tha job site, weather conditions, data relative
to questions of work directive chan�,es,
Change Orders, or changed conclitions, list
of job site ��isitors, daily activities, decisions,
ol�servations in genzral and specific
oUservations in more detail as in the case of
observin� test procedurzs; send co��ies to the
ENGINEER.
9.32J.3. Record names
addresses and tele��hone numbers of all
C(�NTR�CTORS, subcontractors ana
major su�liers of equipment and materials.
9.3.�.3. Reports.
93.�.8.1. Fumish ENGINEER periodic
renorts, as required, of the ��roeress of the
Work and of the CONTRACTOR'S
compliance with the progress schedule and
schedule of shop Drawing and sam�
submittals.
9.�?.5.2. Consult with LNGINEER in
aduance of scheduling major tests,
inspzctions or start of important phases of the
Work.
932.53. Draft proposecl Change Oraers
and V��ork Directive Changes, obtaining
backup material from the CONTRACTOR
and recommend to ENGINEER Change
Orders, Work Directive Changes and field
orders.
9._�.2.8.�. Report immediately to
ENGINEER and OWNER the occurrence of
any accident.
9.32.9. Payment Requests. Review a�lications
for ��avment w�ith CONTRACTOR for compliance
with the estaUlished procedure for their
suUmission and forward with recommendation to
EJCDC GENER.4L CONDITIONS 1910-8 (1990 Edition)
20
w/ CITY C�F FORT COLLINS MODIFICATIc�NS (REV 4l2000j
ENGINEER, noting particularly the relationship of
the �atilnent requested to the schedula of values,
work completed and materials and ecui ment
delivered at the sita but not incorporated in the
Work.
93.2.1 p. Completion.
9.3.'_.lU.l. Before LNGINEER issues a
Certificate of SuUstantial Completion, suUmit
to CONTRACTOR a list of observed ite�ns
requirina correction or completion
93.2.1Q2. Conduct final inspection in the
com��any of fhe ENUINEER, O�UNER and
CQNTRP.CTOR and prepare a final list of
items to be correctea or completed.
93.210.3. C�bserve that all ite�ms on the
final list have Ueen corrected or completed and
make recommendations to ENGINEER
concerning acce��tance.
9.3.3. Limitation of Authorih,�: Thz Representative shall
not:
9.3.3.1. Authorizz anti deviations from tha
Contract Documznts or accept any substitute
materials or ec�uipment unless authorized Uy� the
ENGINEER
93.3.2. Exceed limitations of ENGINEER'S
authority as set forth in the Contract Documents.
9.3.3.3. Undertake any of the resp�nsiUilities
of the CONTR4CTOR_ SuUcontractors, or
CONTRACTOR'S superintendent.
9.3.�.4. Advise on, or issua diractions relative
to, or assume control over any aspect of the
means, methocls, techniques, sequences or
�rocedurzs for construction unless such is
specifically called for in the Contract Documents.
9.3.3.�. Advise on or issue clirections
re�arcling or assume control o�rer safeh�
precautions and pro�ams in connections with the
Work.
9.3.3.6. Accept Shop Ilrawings or sam��le
suUmittals from anyone other than the
('ONTRACTOR.
9.3.3J. Authorize OWNER to occupv the
Work in whole or in part.
933.R. Participate in specialized field or
laboratory tests or inspections conducted by others
except as specifically authorizecl by the
ENGINEER
Clmif:catioxs and Inte�yr•etations:
9.4. ENGINEER �vill issue with reasonable promptness
such written clarifications or intzrpretations of the
E.�CDC GENERt1L CONDITIONS 1910-3 (1990 Edition)
w; CZTY OF FGRT CGLLINS MODIFICATIONS {�y 4/2000)
requirements of the Contract Documents lin the forni of
Dra�vings or othzrwisel as ENGINEER may detennine
necessar}�, which shall be consisYent wit}i the intent of and
reasonaUly inferaUle from the Contract Documents. Such
«Titten clarifications and interpret��tions will be binding on
OWNER and CONTRACTOR. If OWiVER or
CONTRr1CTOR Ueliaves that a written claritication or
inter��retation justifies an adjusUnent in the Contract Price
or tha Contract Times and the parties are unabla to agree
to the �nount c�r extent thareof; if any, OWNER or
CONTRACTOR may make a written clann therefar as
provided in Article 11 or Articlz 1?.
�utlloriZed i�arinkons in Jd'ork:
9.ti. ENGINEER may authorize minor variations in
thz �'ork fi-om the requirements of the Contract
Documents which do not involve an adjustment in the
Contract Price or the Contract Times and are compatible
with the design concept of the completad Project as a
functionir� �vhole as inclicated by the Contract
Documents. These may be accomplished Uy a Field Order
and will be binding on OLUN�R and also on
CONTRACTOR who shall perform the Work involved
promptly. If OwNER or CONTR�ICTOR Uelievzs that a
Field Orclerjustifies an adjustment in the ContracY Price or
the Contract Times and the parties are unaUle to agrea as
to the amount or ea�tent thereo£, OWNER or
CONTRACTOR may make a written claun therefor as
provicled inArticle 11 or 12.
RejectingDefective t�o�k:
9.6. ENGINEER �vill have authority to disapprove or
reject Work which CNGINEER Ualieves to be defective,
or that ENGINEER Uelieves tivill nat produce a completed
Project that confonns to the Contract Docwnents or that
will prejudice the integrit�� of the design concept of the
completed Project as a functioning whole as indicated by
the Contract Documents. ENGINEER will also have
authority to require special inspection or testing of the
W ork as proviaed in paragraph 13.9, whether or not the
Work is fabricated, installed or completed.
Sla�p Drawiiigs, Claarzge Ordef•s ar:d Payneents:
9.7. In cormection with �NGINEER's authority as to
Shop Drawir�gs and Samples, see paragraphs 624 through
6.2b inclusive.
9.8. In connection with ENGINEER's authority as to
Change Orders, sae Articles 10, 11, and 12.
99. In connection �vith ENGINEER's authority as to
Applications for Pa}�ment, see Article 1�4.
Deternunatiaas for Ilnit Prices:
91C�. ENGINEER will detennine the actual quantities
and classifications of Unit Price Work perfonned by
CONTRACTOR. ENGINEER will re<<izw with
CONTRACTOR the �NGINEER's preluninary
determiriations on such matters before rendzring a��itten
decision thereon �by recammendation of an Application
21
for Payment or othenvise). ENGINEER's ��Titten decision
thereon will Ue final and Uincling upon OWNER and
CONTRACTOR, unless, �vithin ten days after the date of
any such decision, either O�UNER or CONTRaCTOR
delir•ers to the other and to ENGINEER written notice af
intention to al���eal from ENGINEER's decision and: 1 il an
appeal frotn ENGINE�R's decision is taken within the�tnnz
limits and in accordanca with the procedures set t'orth in
�ahiUit GC-A, "Dispute Resolution Agreament", entered
into Uetween Oti�TIER and CONTRP.CTOR pursuant to
Attiele 16� or (ii) if no such Dispute Resolution AgreamenY
has been entered into, a fonnal proceeciin�, is v�stituted by
the appealir� party in a forum of competent jurisdiction to
exercise such rights or remedies as the appealing party may
have with respect to ENGINEER's <lecision, unless
othenNise agreed in writing by 0��1VER and
CONTRACTOR. Such appeal will not be subject ro the
procedures of paragraph 9.11.
Decisions on Disputes:
9.11. ENGINEER will be the initial inter��reter of the
raquiremants of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and
other matters relaYir� to the acceptabilitp of the Work or
the interpreYation of the requirements of the Contract
Documants pertaining to the pzrfonnance and furnishing of
the ��ork and clauns uncler larticles 11 and 12 in respect of
changes in the Contract Price or Contract Times will be
referred initially to ENUINEER in writing tivith a request
for a formal decision in accordance with tMs paragraph.
Written notice of each such claim, clispute or other matter
will be delivared by tha clannant to E,NGIN�ER and thz
othar �arry to the AgeEment pioil���tly !"Uut in no event
later than thirty c4�ys� after thz start of the occurrence or
e��ent �iving rise thereto, and written supporting data Gvill
be submitted to ENGIN�ER and the other party within
siYty days after the start of such occurrence or evznt unless
INUINE�R allows an additional period of time for the
sulimission of adclitional or more accurate clata in support
of such claim, cfispute or other matter. The opposing pariy
shall submit any response to �NGINEER and tha claimant
tivithin thirty days after raceipt of the claimant's last
suUmittal (unless ENGIN�ER allows additional tune).
LNGINEER will render a formal decision in writin� within
thu-ty days after receipt of the opposin� pariy's suUmittal, if
any, in accordance with this paragraph. ENGIN�ER's
tivritten decision on suc;h claim, ciispute or other matter �vill
be final and binding upon OW1�1�R and CONTRACTOR
unless: (ij an ap�eal from ENGINEER's decision is taken
within the tima limits and in accordance with the
procedures set forth in �YHIBIT GGA "Disputa
Rasolution AgreemenY', entered into between OWI�R and
CONTRP.CTC�R pursuant to Article 16, or (iil if no such
Dispute Resolution Agreement has been entered into, a
writt�n notice of intention to appeal from ENGINEER's
written decision is deliv�red Uy (_)�l�v�R or
CONTRACTOR to the other and to ENGINEER within
tivrty days affer the date of such decision and a fonnal
procee��ing is instituted by the appealing party in a forum of
competent jurisdiction to exercise such rights or reinedies
as the appealir� party may have with respect to such claim,
dispute or other matter in accordance with applicaUle Laws
and Regulations within si�ty days of the date af such
decision, unless othen�ise agreed in �vriting by O�UNER
and CONTIZ4CTOR.
9.12. �G'hen fiu�ctionina as interpreter ancl judge under
paragraphs 9.10 and 91 l, ENGIN�ER wil] not show
partialit�� to Ol�1VER or CONTR4CTOR and �vill not Ue
liable in connection with any interpretation or decision
rendered in good faith in such capacity. The rendering of
a decision Uy ENUINEBR pursuant to paragraphs 9.10 or
9.11 with respect to any such claun, dispute or other
matter (exeept any which have b�en waived by the making
or acceptance of final payment as provided in
paragraph 14.15} will Ue a condition precadent to any
eaercise by OWNER or CONTRACTOR of such rights or
remedies as either may othenvisz hava under the Contract
Documents or by Laws ar Regulations in respect of any
such clairn, dispute or other matter ^^��^^^* *^ `�':�'� ,�
9.13. Liniitations on ENCINEER's .4uthoriry and
Respansibilities:
7.1;.1. Neither ENGINEER's authority or
responsibility under this Article 9 or under anv other
provision of the Contract Documents nor any decision
madz by �NGIN��R in good faith either to exercise
or not exercise such authority or responsiUility or the
undartaking, exercise or performance of any authority
or resp�nsiUility by ENGINEER shall create, impose
or give rise to any duty owed by LNGIN�ER to
CONTRr�CTOR any Subcontractor, any Supplier,
any other person or organization, or to any surety for
or employez or agent of any of them.
9.13.2. ENGINEER will not supervise, direct,
control or have authority over or Ue responsible for
CONTR4CTOR's means, methods, techniques,
sequences or proceaures of construction, or the safety
precautions and programs incident thereto, or for any
failure of CONTRACTOR to comply ���ith Laws and
Rewlations applicaUle to the fumishing or
perfonnance of the Work. �NGIN�ER will not Ue
responsible for CONTRACTOR's failure tc� pzrform
or fumish thz Work in accordance with the Contract
Documents.
9.1�3. ENGINEER will not be responsiUle for the
acts or omissions of CONTRACTOR or of any
SuUcontractor, any Supplier, or of any other person or
organization performing or fumishing any of the
Work.
9.13.4. ENGINEER's review of the fu�al Application
for Payment and accompanying documentation and
all maintenance and operating inztructions, schedules,
guarantees, Boncls and certificates of inspection, tests
and approvals and other documentation required to be
delivered by paragraph 14.1? will only be to
d�termine genarally that their content complies with
the requirements of, and in the case of certificates of
inspections, tests and approvals that the results
certified indicate compliance with, the Contract
Documents.
9.13.5. The limit��tions upon autharity and
,�,� EJCDC GENER.4L CONDITIONS 1910-8 (1990 Editicm)
—`' w/ CITY C�F FORT COLLINS MODIFICATIc�NS (REV 4l2000j
responsibility sat forth in this paragraph 9.1 _� shall also
apply to ENGINEER's Consultants, Resident Project
Representative and assistants.
ARTICLE 10--CIIANGES IN THE �VORIi
10.L Without invalidating the �reement and without
natice to any surety, OWNER may, at any time ar from
tima to time, order additions, deletions or revisions in the
Work. Such ad�litions, deletions or revisions will be
authorized Uy a Written Amendment, a Change Order, ar a
Wark Char�e Direcrive. L1pon receipt of any such
document, CONTRACTOR shall promptly proceed with
the ��'ork im-oh�ed which will Ue perfonned under the
applicaUle conclitiorvs of thz Contract Documents (except as
othen�ise specifically provided).
10.2. If OWN-ER and CONTRACTOR are unable to
agrae as to the e��tent, if any, of an adjustment in the
Contract Price or an adjustment of the C'ontract Tunes that
should be allo�ved as a result of a Work Ghange Directive,
a claim may be made therefor as provided in flrticle 11 or
Articla 1?.
1C)3. CONTRACTOR shall not Ue entitled to an increase
in the Contract Price or an e��tension of the Contract Tunas
with respect to any Work performed that is not required Uy
the Contract Documents as amendea, modified ana
supplemented as pravided in para�aphs 3.5 and 3.6, except
in the case of an emergency as providad in paragraph 6.23
or in the case of uncovering ��'ark as provided in
paragraph 1 �9.
10.�4. O«/NER and CONT.RACTOR shall executa
appropriate Chanae Orders recommanded Uy ENGINEER
(or Written Amendmentsj covering:
1U.4.1. changes in the ��'ork which are (ij ordered
by OWNER pursuant to paragraph 10.1, (ii) requirzd
l�acause of acceptance of defective Work undar
para�aph 13.13 or c�rracting c�efectit�e Work under
Paragraph 13.14, or (iii i agrzed to by the parties;
10.4.?. changes in the Contract Price or Contract
Tunes which are agreed to by the parties; and
10.4.3. cha��ges in the Contract Price or Contract
Times which ambody the substance of any `uritten
decision rendared Uy �NGINEER pursuant to
paragraph 9.1 I;
provided that, in lieu of eaecuting an}� such Change Order,
an appeal may Ue taken from any such decision in
accordance with the provisions of the Contract Documents
and applicaUle Laws and Re�nxlations, but during any such
�I�l�zal, CONTRtICTOR shall carry on the �i'ork 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 Cont�act Docuii�ents
E.�CDC GENERt1L CONDITIONS 1910-3 (1990 Edition)
w; C�TY OF FGRT CGLLINS MODIFICATIONS {�y 4/2000)
(including, but not limited to, Contract Price or Contract
Timesj is requued by the provisions of any Bond to be
Riven to a surety, the giving of any such notice will be
CONTR4CTOR's responsibility, and the amount of each
apPlicaUle Bond will be adjusted accordingly.
1U.6. By the executi�n of a Change Orcler, a Work
Change Duective or Written Agrezment. OWI�T�R and
CONTR4CTOR ex��ressly ackno���le e and a�ee that
said Chan�e Order, Work Change Directive or Wriuen
A�reement provides £or a fair and ec�uitable adjustment in
the Contract Price and/or Contract Tunes for the additions,
deletions or revisions in the Work as authoriz� by said
Chan�e Order, Work Change Directive or Written
t�eement. OWNER and CONTRACTOR fwther
expressly aclmowlec�e and a�ee that clauns for
adjustiiients to the Contract Price ancUor Contract Tunes
covered U�� a Change Order, �Uork Change Directive ar
Written Agreeinant are not valid.
�:� r cy �� r�� :� c ce� ��� ���� c r r:�� � v:� cy y
11.1. The Contract Price constitutes the total
compensation (suUject to authorized adjustments) payable
ta CONTRACTOR for perfarniing the �Vark. All duties,
responsibilitias and oUligations assigned to or undertaken
by CONTRaCTOR shall be at CONTRaCTOR's zYpense
without change in the Contract Price.
ll2. The Contract Price may only Ue changc�l l�y a
Change Order or Uy a Written Amendment. Any claun
for an adjustment in the Contract Pricz shall Ue Uased on
written notice delivered by the party making the claun to
tha othar party and to ENGINEER promptly (Uut in no
event later than thirty days) after the start of the
occurrence or event �iving rise to tha claim and stating tha
ganeral nature of the claun. Notice of the amount of the
claim with supporting data shall be deliver�d within si�ty
days after tha start of such occurrenca ar event �unless
ENGINEER allows additional tune for claimant to submit
adclitional or more accurate data in support of the claunj
and shall Ue accompanied Uy clauuant's written statament
that the adjushnent claimecl covers al] knowm amounts to
which the claimant is entitled as a result of said
occurrence or event. All clavns for adjushnent in the
Contract Price shall be detennined by ENGINEER in
accorclancz with paragraph 9.11 if 01�NER and
CONTR�.CTOR cannot othenvise a�ee on the amount
involved. No claur for an ac1justment in the Contract
Price will be valid if not suUmitted in accordance with this
paragraph 11.2.
1] 3. The value of any Work covered by a Change
Order or of any claim for an adjustment in the Contract
Price will Ue determined as follows:
11.�.1. where the Work invol��ed is covered Uy urut
prices contained in the Contract Documents, by
application of such unit prices to the cluantitizs of the
itams involved (subject to the 1�rovisions of
23
paragraphs 119.1 through 11.9.3, inclusive);
11.3.?. where the l�ork involved is not covered bv
unit prices cont�zinc�l in the Contract Documents, by a
mutually a�-eed paymenC Uasis, including lump sum
(which may include an allowance for overhead and
profit not necessarily in accordance with
paragraph 11.6.2j;
11.33. where the Work imrolved is not covered by urut
prices contained in the Contract Documents and
agreement to a lump sum is not reached unaer
paragaph ] 1.3.? on the Uasis of the Cos[ of the Work
(deterniined as pro��ided in paragraphs 11.4 and 11.5)
plus a CONTRACTOR's fee for overhead and profit
(detern�inecl as provided in para�aph 11.6).
Eos�t ojtlae T�'ork:
11.�. The tenn Cost of the Work means the sum of all
costs necessarily incuned and paid by CONTR1aCTOR in
the proper �ierformance of the �Uork. Except as otherwise
may be agread to in �vriting by OWN�PL such costs shall
lx in amounts no higher than those prevailing in the
localitp of the Project, shall include only the follo�ving
items and shall not include anv of the costs itemized in
paragraph l l.ti: �
I].4.1. Payroll costs for employees in the direct
employ of CONTR.4CTOR in the perfonnance of the
�'ork under schedules of job classifications ageed
upon Uy OWNER ana CONTRACTOR. Such
amployees shall include without limiYation
superintendents, foremen and other personnel
amployed full-time at the site. PayToll costs for
employees not employed full-tune on the ��%ork shall
Ue apportioned on the basis of their time spent on thz
Work PayToll costs shall �^^����'�, �,��* ^^t be lunited to-,
salaries and wa�es plus the cost of fringe benetits
which shall rnelude social security contriUutions,
unemployTnent, e�cise and payroll taxes, ���orkers'
compensatiorL health u������! benefits,��.�,
..:,.�- �,,..., . ,.,.,.�:,... ,.�a �,,.r;,�,,..,_,... applicaUle thereto.
The expenses of performing ��'ork after regular
working hours, on Saturday, Sunday or legal holiclays,
shall be included in the aUove to the zxtent authorized
by OWNF,R.
11.4.2. Cost of all materials and equipment furnished
and incor��orated in thz tk'ork, inclu�� costs of
transportation and storagz thereof, and Suppliers' tield
services required in connection therewith. All cash
diseounts sha11 accrue to CONTRACTOR wiless
Oj�NER deposits funds with CONTRACTOR with
��hieh to make payments, in which case the cash
discounts shall accrue to OiUNER. All trade
discounts, rebates and refunds and retums from sale of
surplus materials and equipment s}�11 accrue to
OWNER and CONTRACTOR shall make pravisionz
so that they may ba obtained
11.4. �. Paylnents made by CONTR�CT(�R to the
SuUcontractors for Work perfonned or fumished Uv
Subcontractors. If required by OWNER,
CONTRACTOR shall oUtain competitive bids from
Subcontractors acceptabla to 01NNER and
CONTRt\CTOR and shall deli��er such bids to
O\uNER who will then deterniine, with thz advice of
LNGIN�L;R, which Uids, if any, will be accepted. If
any subcontract proviaes that the Subcontractor is to
Ue paid on the basis of Cost of the W ork plus a fee,
the Subcontractor's Cost of the Work and fee shall Ue
determined in the same manner as C(�NTRACTOR's
Cost of the Work and fee as provided in
paragraphs 1].4, 11.5, 11. b and ] 1 J. All
subcontracts shall Ue subject to the other provisions of
the Contract Documents insofar as applicable.
11.4.4. Costs of special consultants (including but
not litnited to engineers, architects, t�sting
laboratories, surveyors, attomeys and accountants�
employed for services sl�ecifically related to the
Work.
I 1.4.5. Supplemental costs includir� the Collowing:
ll.4S.1. The proportion of necessary
transportation, travel and subsistence eapenses of
CONTRACTOR's employees incurred in
disc}�rge of dutizs connectad with the Work.
ll.4.52. Cost, including Yransportation and
maintenance, of all materials, supplies,
equipment, machinery, appliances, office and
temporary facilities at the site and hana wols not
o4vned by the workers, which are consumed in the
performance of the W'ork, ancl cost less market
value of such items used Uut not consumea which
remain the property of CONTIt�CTOR.
11.4.�3. Rentals of all construction
equipment and machinery and thz parts thzreof
whether rented from CONTRACTOR or others in
accordance �vith rental a�eements approved by
O�b'NER with the advice of ENGINEER, and the
costs of transportation, loading, unloading,
installation, dismantling and removal thereof—all
in accardance with terms of saicl rental
agreements. The rental of any such equipment,
machinery or parts shall cease when the use
thereof is no longer necessary for the l�'ork.
11.4.5.4. Sales, consumer, use or similar taxes
related to the Work, and for which
CONTRACTOR is liable, imposed by Laws and
Regulations.
11.4.�.ti. Deposits lost for causes other than
negligence of CONTRACTOR, �ny
SuUcontractor or am•one clirzctiv or indirectiv
employed by any of them or for whose acts any�
of tham may Ue liaUlz, and royalty payments and
fees for permits and licanses.
11.4.S.b. Losses and damages (and related
z�enses) caused by damage to the Work, not
compensated by insurance or otherwise, sustainecl
by CONTRt�CTOR in connection with the
EJCDC GENER.4L CONDITIONS 1910-8 (1990 Editicm)
�`� w/ CITY C�F FORT COLLINS MODIFICATIc�NS (REV 4l2000j
performanca and fumishing of the Work (except
losses and damages within the deductiUle amounts
of property insurance established by O�l/NER in
accorelance �vith paragraph �91, provided they
have resulted from causes other than the
negligence of CONTR4CTOR, any
Subcontractor, or anyone directly or indirectly
employed by any of them or Yor whose acts any af
them may Ue liable. Such losses shall includz
settlements made with the wriuen consent and
approval of O\�NER. No such losses, damages
and e�enses shall Ue inclucled in the Cost of the
ti�'ork for the purpose of detennining
CONTRaCTOR's fee. If, ho���ever; any such loss
or damage requires reconstruction and
CONTRACTOR is �?laczd in charge thereo�
CONTRACTOR shall be paid for services a fee
proportionate to that statecl in �aragraph 11.62.
11.4.5.7. The cost of utilities, fusl and sanitary
facilities at the site.
11.4.5.8. Minor expenses such as t�legrams,
long distance telephone calls, tele�hone service at
the site, ea7�rassage and similar petty cash items in
connection with the Work.
11.4.5.9. Cost of premiwns for additional Bonds
and insurance required because of changes in the
�Uork.
11.5, The tenn Cost of the Work shall not include any of
the following:
I1.5.1. Payroll costs and other compensation of
CONTRACTOR's officers, executives, principals (of
partnership 3nd sole proprietorshipsi, general managers,
er�ineers, architacts, estunators, attomeys, auditors,
accountants, purchasir� and contracting agents,
e�peclitars, tunekeepers, clerks and other personnel
employed by CONTRACTOR wl�ether at the site or in
CONTR4CTOR's principal or e Uranch office for
general administration of the Work and not specifically
included in the agreed upon schedula of joU
classitications 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.
11.52. Eapenses of CONTRACTOR's principal and
branch officzs other than CONTR4CTOR's offiee at
the site.
11.53. Any part of CONTRACTOR's capital
e�:penses, including interest on CONTRACTOR'S
capital empluyed for the Work and charges against
CONTIU'�CTOR for delinquent payments.
11.�.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is requirzd
Uy the Contract Documents to purchase and maintain
the same (etcept for the cost of premiums covered L�y
suUparagraph 11.4.�.9 above}.
E.�CDC GENERt1L CONDITIONS 1910-3 (1990 Edition)
w; CZTY OF FGRT CGLLINS MODIFICATIONS {�y 4/2000)
11.5.5. Costs due to the negligence of
CONTRACTOR, any SuUcontractor, or anyone
directly or indirectly employed by any of them or for
whose acts any of them may be liable, including but
not limited to, the correction of defeetn-e Work,
��isposa] of materials or zquipment wrongly supplied
and making good any damage to property.
ll.ti.6. Other ovzrhead or general expense costs of
any kincl and the costs of any item not specifically and
e�pressly included in paragraph 11.4.
11.6. The CONTRr1CTOR's fee allowed to
CONTRr�CTOR for ovarheacl and prafit shall be
aetermined as follows:
11.6.1. a mutually accePtaUle fi.�ed fee; or
11.6.?. if a fiked fee is not ag�zed upon, then a fee
based on the following percentages of the various
portions of the Cost of the Work:
ll.62.1. for costs incurred under
para�aphs 11.4.1 and 11.4.^, the
CONTRACTOR's fee shall Ue fifteen percent;
11.6.2.2. for costs incurred under
paragraph 11.43, the CONTR4CTOR's fee shall
be five parcent;
11.6.23. where one or more tiers of
subcontracts are on the basis of Cost of the Work
plus a fee and no fixed fee is agrezd upon, the
intent of liara�aphs 11.4.1, 11.4.?, 11.4.3 and
ll.ti.? is that the Subcontractor who actually
performs or fumishes the 1�'ork, at whatever tier,
will be paid a fee of fifteen percent of the costs
incurrecl Uy such Subcontractor under para�aphs
11.4.1 and 11.4.? and that any higher tier
SuUcontractor and CONTRACTOR will each Ue
paida fee ,.�• F:.,, . .n.. ,.F .�„ ,. ,,:,� .,.
„� „ .. ..........: ._ c,,,..,..,.. -; to Ue negotiated
in �ood faith with the OWNER but not to exceed
five percent of the amount paid to the nea-t lower
tier SubconYractor.
11.6.2.4. no fee shall be payable on the basis
of costs itemized under paragraphs 11.4.4, 11.�.5
and 11.5;
11.6.?.5. the amount of credit to be allowed
by CONTRACTOR to Oti�'NER for any change
which results in a net dacrease in cost will be the
amounY of the actual net decreasa in cost plus a
deduction in CONTRACTOR's fee by an amount
equal to tive percent of such net decrease; and
11.7. Whenever the cost of any Work is to ba
11.62.6. �vhan both additions and credits are
inval��ed in any one changa, the adjustment in
CONTRACTOR's fee sha11 be computed on the
Uasis of the net change in accordance with
paragraphs 11.6.?.I through 11.6.?.ti, inclusive.
25
determined pursuant to paragraphs 11.4 and 11.5,
CONTRt�CTOR �vill establish and maintain records
thereof in acec�rdance �vith generally aecepted accounting
practiczs ancl suUmit in form acceptable to ENUINEER an
item ized cost breakdown together with supporting data.
Cash Allmvc�nces:
1 I.�. It is undarstood that CONTRACTOR has included
in the Contract Price all allowances m named in thz
Contract Docwnents and shall cause the Work so covered
to Ue furnished and perfonned for such sums as may be
acceptable to OWNER and �NGINEER. (�ONTRACTOR
agreesthat:
1LR.1. the allowances include thz cost to
CONTF�CTOR Cless an}' applicable trade discountsi
of materials and equipment required Uy tha allo�vancas
to be delivered at the site, and all applicaUle texes; and
1LS.2. CONTRACTOR's costs For unloading and
hanaling on the site, laUor, installation costs, oeerhead,
profit and other eapenses contemplatad for the
allowances have been includecl in the Contract Price
and not in the allowances and no demand for
adclitional payment on account of any of the foregoing
will ba valid.
I'rior to final payment, an appropriate Change Order will be
issueci as recommendzd by ENGINEER to reflect actual
amounts due CONTRts.CTOR on account of Work covered
by allowances, and the Cont�act Price s}�zll Ue
correspon<lingly adjusted.
11.9. I/nit Price Yti ork:
11.9.1. Where the Contract Documents provide that all
or part of the Work is to Ue Unit Price �%ork, initiallv
the Contract Price will be deemed to include for all
Unit Price R�ork an amount equal to the siun of the
estaUlished unit Ixices for each separataly identified
item of Unit Prica Work times tha estimated quantity
of each item as indicated in the Agreement. The
estimated quantities of items of Unit Price ��1ork ar�
not guaranteed and are solely for the purpose of
comparison af Bids and detennining an initial Contract
I'rice. Deterniinations of the actual quantities and
classifications of LTnit Price Work performed by�
CONTRACTOR will be made by �NUIN�ER in
accordance with paragaph 9.10.
11.92. Each unit price will Ue deemed to include an
amount considared by CONTRt1CTOR to be adequate
to cover CONTRACTOR's overhead and profit for
each separately idantified item.
11.9.3.OWNER or CONTRACTOR may make a
claun for an adjustrnent in the Contract Price in
accordance �vith Article 11 if:
1 L9.3.1. the quantity of any item oi Urut Price
Work perfornied by CONTRACTOR differs
materially and significantly from the estimatea
quantity of such item indicated in the Agreement
and
11.9.3.'�. there is no corresponding adjushnent
���ith respect to any other item of Work; ana
119.33. if CONTRACTOR Uelieves that
CONTR�CTOR is antitled to an increase in
Contract Price as a result of having incurred
additional expansa or C�WNER balieves that
O��'NER is entitled to a decrease in Contract Price
and the parties ara unable to agree as to the
amount of any such increase or decrease.
11.9.3.4. CONTRACTOR acknowledges that
the QWNER has the ri«ht to add or dzleta it�ms in
tha Bid or chana�quantities at OWNER'S sole
discrerion without affectin� the Contraet Price of
anv remaining item so long as the deletion or
addition does not exceed twent. -f�percent of
the original total Contract Price.
�:71Y C�l p Dfi�f1.�►[ef x�l �[K�J►Y Y.�Cfll W Y I►71 �I.�
121. The Contract Times (or Milastones) may only be
changed Uy a Change Orcler or a Written .4mendment.
any clavn for an adjustment of tha Contract Timas (or
Milestones) shall Ue based on written notice aelivered by
the party makir� the claim to the other pariy and to
ENGINEER promptly (but in no zvent later than thir[y
days} after thz occurrence of the event giving rise to the
claim and stating the general nature of the claun. Notice
of the e�-t�nt of the clavn �r�ith supporting data sha11 be
deliverzd wiYhin sixty days a$er such occurrence (unless
ENUINEER allows additional time to ascertain more
accurate data in support of the claim) and shall be
accompanied by the claimanPs w7itten statement that t}ie
aajushnent claimed is the entire aajustment to which the
claunant has reason to believa it is entitled as a rasult of
the occurrencx of said event. r�.11 claims for acljustrnent in
tha Contract Times (or Nlilestonas) shall Ue detennined Uy
ENGINEER in accordance with paragxaph 9.11 if
OWNER and CONTRACT(_)R cannot othenvise a�ee.
No claun for an adjustment in the Contract Times (or
Niilestones) will be valid if not submitted in accordance
with the requirements of tlus para�aph 12.1.
12.2. All tune limits stated in thz Contract Documents
are of the essence of the Agreement.
1?.3. l�here CONTRACTOR is prevented from
completing any part of the Work u�ithin the Contract
Times �or Milestones) due to delay beyond the control of
CONTR.4CTOR, the Contract Times (or A2ilestones) will
be e�.�tended in an amount equal to time lost due to such
dzlav if a clairn is made therefor as provided in
paragraph 12.1. Delays beyand the control of
CONTRACTOR shall incluae, but not be limitzd tq acts
or neglect Uy OR�NER, acts or neglect of utility o�ti�ners or
other contractors perfonning other ��ork as contemplated
by Article 7, fires, floods, epidemics, aUnormal weather
conditians or acts of God. Delaps 3ttributable to and
EJCDC GENER.4L CONDITIONS 1910-8 (1990 Edition)
?6 w1 CITY C�F FORT COLLINS MODIFICATIc�NS (REV 4l2000j
within the control of a SuUcontractor or Supplier shall be
dezmecl to be delays within thz control of CONTRACTOR.
12.4. \Ahere CONTRACTOR is prevented from
completing any part of tha ��ork within the Contract Times
(or Milestonesj due to clelay beyond the cc�ntrol of both
01UNER and CONTRACTOR, an extension of thz
Contract Tunes (or Milestonesj in an amount equal to the
time lost dua to such delay shall be CONTRACTOR's sola
anci exclusive remedy for such delay. In no event shall
OWNER be liable to CONTR4CTOR, any Subcontractor,
any Supplier, any other person or organization, or to any
surety for or employee or agent of any of them, for
damages arising out of or resulting from (i} delays caused
by or within the control of the CONTRACTOFt, or
(ii) delays beyond the control of both �arties inclucling, but
not limited to, tires, floods, epidemics, abnormal weathar
conditions, acts of God or acts or naglect Uy utility owners
or other contractors perforniing other ��ork as contemplated
by� Article 7.
ARTICLE 13--T�STS AND INSP�CTIONS;
CORRECTION, REMOVAL OR ACCEPTANC� OF
DEFECTIL� WORK
13.1. 1Votiee ofDefeets:
Ptompt notica of all c�fective Work of which OWNER or
ENGINEER have actual knowledge will be given to
CONTRACTOR. All dzfectzve Work mav be rejected,
correctecl or accepted as l�rc�vicled in this Article 1'�.
.=�ccess to T�Gork:
13.�. OWNER, ENGINEER, ENGINEER's Consultants,
other representatives and personnel of OWNER,
indepznclent testing laboratories ana govemmental agencies
with jurisdictianal intarests will have access to the Work at
�easex�rl�le--t-�ttzs for their oUservation, inspecting and
testir�. CONTR4CTOR shall provide tham proper and
safe conclitions far such access and aavise them af
CONTRaCTOR's site safety procedures and programs so
that they may comply therewith as applicable.
Tests and Insyections:
133. CONTRACTOR shall give ENGINEER tunely
notice of reacliness of the Work for all requued inspections,
tests or approvals, and shall cooperate �vith inspection and
testing personnel to facilitate requirad inspections or tests.
13.4. OL�N�R shall employ and pay for the services of
an independent testing laboratory tc� perform all
inspections, tests, or approvals required by the Contract
Documents axcept:
13.4.1. for inspections, tests or approvals covered
Uy paragraph 13.5 Uelow;
13.42. that costs ineurred in eonnection with tests
or inspactions conducted l�ursuant to paragaph 139
E.�CDC GENERt1L CONDITIONS 1910-3 (1990 Edition)
w; CZTY OF FGRT CGLLINS MODIFICATIONS {�y 4/2000)
below shall Ua paid as provided in said
paragraph li9; and
13.4.3. as otherwisa specitically provided in the
Contract Documents.
liS. If Laws or Regulations of any public Uody having
juriscliction requirz any Work (or part thereoij specifically
to be inspected, tested or approved by an employee or
other representative of such public Uody, CONTRACTOR
shall assume full responsibilit�� for ananging and
obtaining such inspections, tests or approvals, pay all costs
in connection there«�ith, and furnish �NG1N-EER the
required certificates of inspectian, or approval.
CONTRACTOR shall also be responsible for arranging
and obtaining and shall l�ay all costs in connection ���ith
any inspections, tests or appro��als required for OWN�R's
and ENGINEER's accept��nce of materials or equipment to
ba incorporated in the ��'ork, or of matzrials, mi� designs,
or equipment suUmittzd for approval prior to
CONTRACTOR's purchase thereof for incorporation in
the Work.
li.6. If any Work (or the work of others) that is to be
inspected, test�d or approved is covered Uy
CONTRACTOR without written concurrence of
ENCiINEER, it must, if requested by ENGINEBR, Ue
uncovered for observation.
13.7. Uncovering Work as provided in paragraph 13.6
shall be at CONTR4CTOR's e�ense unless
CONTRACTOR has given ENGINEER tunely notice of
CONTRt1CTOR's intention to covzr the same and
ENGINEER has not acted with reasonable prom�tness in
response to such notice.
Uncoreri�zg YVorh:
1�.8. If any �Vork is covered contrar}� to the written
request of ENGINEER, it must, if requestzd by
ENGINEER, be uncoverzd for ENGIN�ER's oUservation
and replaced at CONTRACTOR's e�panse.
13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed Uy GNGINEER or
inspected or tested by othars, CONTR4CTOR, at
ENGINEER's request, shall uncover, expose or othenvisa
make availaUle for observatio��, inspection or tasting as
ENGINEER may require, that portion of the ��'ork in
question, fumishing all necessary laUor, material and
equipment. If it is found that such Work is c�fective,,
CONTRACTOR shall pay all claims, costs, losses and
damages caused by, arising out of or resulting from such
uncovering, expc�sure, oUservation, inspection and tasting
and of satisfactory replacement or reconstruction,
{including buY not lunited to all costs of repair or
replacement of work of othersi; and OWNBR shall be
entitled to an appropriate decrease in the Conh-act Price,
and, if the parties are unable to agree as to the amount
thereof, may maka a claim therefor as provided in
Articla 11. If, however, such Work is not found to be
i�fectiti�e, (`ONTRACTOR shall be allowed an inc.7ease in
the C�ntract Priee or an eatznsion of the Contract Times
(or Milestonasj, or both, directly attributable to such
27
uncovering, e�posure, observation, inspection, testing,
replacement and reconstruction; ancl, if the parties are
unable to agree as to the amount or e��tent thereof,
CONTR4CTOR may make a claim therefor as provided in
Articles 11 and 12.
Ot�Y7VER N1ay Stop the td%o�k:
li1U. If the Work is de�ectFl�e, or CONTRACTOR fails
to supply sufficient skilled workzrs or suitable materials or
equipment, ar fails to fumish or perform the Work in such a
tivay that the completed Work �vill conYonn to the Contract
Doctunents, OWNER may order CONTRACTOR to stop
the Work, or any portion thereof, until the cause for such
order has been eliminated; ho�vever, this right of OWNER
to sto� the «7ork shall not give rise to any duty on the part
of O�VNER to exercise this right for the benefit of
CONTRACTOR or any surety or other party.
Cor•rection orRemoval ofDefecfii�e �ork:
13.11. If required Uy� ENGINELR, CONTRP.CTOR shall
promptl}�, as directed, either correct all de�zct�ve Work,
tivhether or not fabricated, installed or completed, or, if the
��'ark has bean rejected by �NUINEER, remove it from the
site and replacz it with W'ork that is not d�fectiti�e.
CONTRaCTOR shall pay all claims, costs, losses and
damages caused by or resultin�, from such correction or
removal (including but not limitecl to all costs of repair or
replacernent of work of others).
13.12. Con•ection Pe�iod:
13.12.1. If within e�r��� two years after the date of
Substantial Completion or such lon�er period of time as
may be }�rescribed Uy Laws ar Regulations or by the
temis of any applicable special guarantea required by
the Contract Docwnents or Uy any specific provision of
the Contract Documents, any Work is found to be
defectrve, CONTRACTOR shall promptly, without cost
to Oti��R and in accordance with OL��R's written
it�tructions: (i) corract such c�fectrre Work, or, if it has
baen rejected by O�TJNER, ramove it from the site and
replace it with Wc�rk that is n�t defective, and (ii}
satisfactorily carrect or remove and replace any damaga
to other Work or the �vork of others resulting therefrom.
If GONTRACTOR does not promptly comply with the
terms of such instructions, or in an emergency where
delay would cause serious risk of loss or damage,
OWIVER may have the c�fectivz Work corrected or the
rejected 1��ork re�noved and replaced, ancl all claims,
costs, losses and damages caused bv or resulting from
such removal and replacement (including Uut not
limited Yo all costs of repair or replacement of work of
others) will Ue paid by CONTRACTOR.
1312.2. Tn special cirewnstances where a particular
item of equipmern is placed in continuous service
before Substantial Completion of all the Work, the
correction period for that item may start tc� run from an
earlier datz if so provided in the Specifications or by
��ritten Am endment.
13.12.3. Where defect�ve Work (and dail�age to other
1Uork resulting there&om'1 has Ueen corrected,
removed or replaced under this paragraph 13.12, the
correction period hereunaer �vith respect to such Work
will Ue eatended for an adclitional perioa of �a�
two years after such correction or removal and
replacement has Ueen satisfactorily completeil.
Acceptance ofDefective i�ork:
13.13. If, instead of requiring correction or removal and
replacement of defectrve Work, Ol�,'NER (and, prior to
ENGINEER's recommendation of final l�ayment, also
ENGINEERj prefars to accepY it, OWN7�R may do so.
CONTR4CTOR shall pay all claims, casts, losses and
damages attributable to c_)�tNER's evaluation of and
determination to accept such defec�zve ��ork (such costs to
be approvea by �NGINEER as to reasonableness). If any
such acceptance occurs prior to ENGINEER's
recommendation of final payment, a Change Order will be
issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and
O��/NER shall Ue entitled to a�� appropriate decrease in tha
Contract Prica, and, if the parties are unable to agrae as to
the amount thereot', OWNER may make a claun therefor
as provided in !�rticle 1 I. If the acceptance occurs after
such reconunendation, an appropriate amount will be paid
Uv CONTR4CTOR to OWN�R.
OYI ;VER May Correct Defecfii�e YVork:
13.1�. If CDNTRACTOR fails within a reasonable rime
after written notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as requirad
Uy ENGINEER in accordance with paragraph 13.11, or if
CONTR4CTOR fails to perform the W'ork in accordance
with the Gontract Documents, or if CONTR4CTOR fails
to comply with any athar provision of the Gontract
Documents, OWNER may, aftzr sevzn days' �vritten
notice to CONTRACTOR, correct and remedy any such
deficiency. In e�ercising the rights and remedies uncler
this parzgraph OtNN�R shall procead expeditiously. In
connection with such carrective ana remedial action,
OWNER may excluda CONTRACTOR from all or part of
the site, take posszssion of all or part of the l��ork, and
suspend CONTRr1CTOR's services related thereto, take
possession of CONTRACTOR's tools, appliances,
construction equipmern and machinery at the site and
incorporatz in the Work all matzrials an�l equipment
stored at the site or for which Ot��NER has paid
CONTR4CTOR Uut which are stored else�vhere.
CC�NTR�CfOR shall allow OWNER, O�TTLR's
rzpresentatives, agents and amployees, OL�NER's other
contractors and LNUINEER and ENGINEER's
Consultants access to the site to enable OL��NER to
exzrcise the righ�s and remeclies under this paragaph. :all
claims, costs, losses and damages incurred or sustained by
OWNER in exercising such rights and remedies «�ill be
charged against CONTRACTOR and a Change Order will
Ue issued incorporating the neczssary reaisions in the
Contract Documants with respect to the Work; and
OWNER shall be sntitlecl tc� an appropriate de��rease in the
(`ontract Price, and, if the parties are unable to agree as to
the amount thereof, 017�'IVER may make a claun therafor
as provided in larticle 11. Such claims, costs, losses and
EJCDC GENER.4L CONDITIONS 1910-8 (1990 Editicm)
Z& w/ CITY C�F FORT COLLINS MODIFICATIc�NS (REV 4l2000j
damages will include but not be limited to all costs of
repair or rzplacement of work of others dcstroyed or
ciamaged by correction, remoeal or replacement of
CONTR4CTOR's defzctive \Vork. CONTRACTOR shall
not be allowed an extension of the Contract Times iar
I�iilestonesl Uecause of any delay in perfonnance of the
\Wark atuibutable to the eYercise by O��'N�R of 01�'NER's
rights and remedies hereunder.
ARTICLE 1;1--PAYIVIENTS TO CONTRACTOR AND
COMPLETION
Seherlule of Vttlues:
14.1. The schedule of values estaUlished as pro��ided in
paragraph �.9 will serve as the basis for progress pa}miants
and �vill Ue inco��orated into a form of :�pplication for
Payment acceptable to ENGINEER. Progess payments on
account of Urut Price Work ���ill Ue Uased on the numUer of
units completed.
Applieatio�t for Progr•ess Payment:
14.?. at least twenty c�ays before the date established for
each pro�ess payment (but not more often than once a
monthl. CONTR�CTOR shall submit to ENUlNEER for
revie�v an Application for Payment £illed out and si�ed by
CONTRACTOR covering the Work completed as of the
date of the Applic�tion ancl accompanizd by such
supporting documentation as is required by the Contract
Dacuments. If pa}nnent is requested on tha basis of
materials and equipment not incorporated in the Work but
delivered and suitably stored at thz site or at another
location a�reed to in �vnting the Application for Payment
shall also be accomparued Uy a bill of sale, irn�oice or other
documentation warranting that OwNER has received the
materials anel equipment free ana clear of all Liens ancl
evidence that the materials and aquipment are covered by
appropriate property insurance and other arrangements to
protzct OWN�R's interest therein, all of which will be
satisfactory to OWNER. The amount of retaina�e with
respect to progress paymu�nts will be as stipulated in tha
l�,reement. :any funds that are withhelcl Uy the OL�NER
shall not be subiect to substitution by the CONTRACTOR
with securities or any arranpements invoh�ine, an escrow or
custodianshi��. By e�ecuting the application for �ayment
form the CONTRACTOR eapressly waives his ri t to the
benzfits of ('olorado Revised Statutas, Section �4-91-101,
et seq.
CO_NTRr1CTOR's T�'a•ranty of Title:
14.3. CONTRACTOR warrants and guarantees that title
to all Work, materials and equipment covered by any
Application for Payment, «�hether incorporated in the
Project or not, will }rass to O\�NER no later than the time
of pa}anent free and clear of all Liens.
Rer�iew ofApplicarions for Pr�gress Payrnent:
14.4. ENGINEER will, tivithin ten days after receipt of
each Ap��lieation for Payment, aither indicata in writing a
E.�CDC GENERt1L CONDITIONS 1910-3 (1990 Edition)
w; CZTY OF FGRT CGLLINS MODIFICATIONS {�y 4/2000)
recommendation of payrnent and present the Application
to OWNER, or rehxrn the Application to CONTRACTOR
indicating in wTiting �NGINE�R's reasons for rzfusing to
recammend payment. In the latter case, CONTRACTOR
may make the neeessary corrections and resubmit the
Application. Ten days after preseritation of the
Application for Paymant ta OWNER with ENGINEER's
recoinmendation, tha amaunt recomn�ended will (subject
to the provisions of tha last sentence c�f paragraph I�.7)
Uecome due and when due will Ue paid by OWIVER to
CONTR4CTOR.
14.5. ENGINEER's recommendation of any payment
requested in an Application for Payinent will constitute a
represantation by ENGIN�ER to OWNER, basad on
�,TTGINEER's on-site obs�n�ations of the executed \h/ork
as an experienced and qualified desi� professiona] and on
ENGINEER's review �f the Application For Paymznt and
the accompan}�ir� data and schedules, that to the best of
ENGINEER's knowledge, information and belief:
14.5.1. the Work has progassed to the point
inclicated,
14.>.�. the quality of the Work is generally in
accordance with the Contract Dociunents (suUject to
an evaluation of tha Work as a functioning whole
prior to or upc�n Substantial Cumpletion, to the results
of any subsequent tests called for in the (,ontract
Dociunants, to a final determination of quantities and
classifications for Urut I'rice ��'ork under
paragraph 9.10, and to any other qualifications stated
ni the recommendation), and
14.5.3. the conditic�ns precedent to
CONTRACTOR's being ernitled to such payment
apPear to have bean fultilled insofar as it is
ENGINEER's responsibility to observe the Work.
However, Uy recommending any such payment
ENGINEER will not thereby be deemed to have
represented that: (il eal�austive or continuous on-site
inspections have been made to check the quality or the
quantity of the Work beyond the responsibilities
sPecifically assigned ta ENUINEER in the Contract
Documents or (u) that there may not be other mattzrs or
issues between the parties that might entitle
CONTRAGTOR to Ue paid additionally by OWNER or
entitle OiUNER to withhold p�}�nent to CONTRACTOR.
14.6. ENUINTER's recommendation of any payment,
includir� final payment, shall not mean that ENGINEER
is responsible for CONTRACT012's means, methods,
techniques, sequences or procedures of construction, or
the safety precautions and programs incident thereto, or
for any failure of CONTRACTOR to cc�mply with Laws
and Regulations applicable to the fumishing or
perfonnance of �i�ark, or for any failure of
CON�RACTOR to pertorm or fumish Work in
accordance with the Contract Documents.
14.7. ENUIN�ER may refuse to recommend the whole
or any part of any payment if, in ENGINEER's opinion, it
would be incorrect to make the reprasentations to
29
01��NER 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
suUsequent inspections or tests, nullif}� any such payment
previously recommended, to such extent as may be
necessary in ENGINEER's opuuon to protect OWNER
from loss because:
14.7.1. the l�ork is dz�'ective, or compleYed Work has
Uaen dam aged requiring correction or replacement,
14.7.?. the Contract Price has Ueen reduced by
Written Amendment or Change Qrder,
14.7.3. OWNER has been required to correct
c�fachi�e Work or complete 1�v'ork in accordance ���ith
paragraph 13.14, or
14.7.4. ENGINEER has actual knowledge of the
occurrence of any of the events entunerated in
paragraphs 152.1 through 15.?.4 inclusive.
O\VNER may refuse to make payment of Che ful] amaunY
recommended Uy ENGINEER because:
14.7.�. clanns have Ueen made against Ow��R on
account of CONTRAC'.TOR's parformance or fumishing
of the Work,
14.7.b. Lizns have Ueen filed in connection with the
��ork, except whera CONTR4CTOR has delivered a
specific Bond satisfactory to OWNER to secure the
satisfaction and discharga of such Liens,
14.7J. there are othar items entitling OWNER to a set-
off against the amount recommended, or
14.7.8. OWNIIZ has actual knowledge of the
occurrence of any of the events enumerated in
para�aphs 14.Z1 through 1�4.7.3 c�r paragraphs 152.1
through 152.4 inclusivz;
but 01�'NER must give ("ONTRACTOR unmediate
tivritten notice (���ith a copy to ENGINEERj stating the
reasons for such action and promptly pay C'.ONTRr1CT(_)R
the amount so withheld, or any adjustment thereto ageed
to by OWNF,R and CONTR4CTOR, when
CONTR.4CTOR corrects to O�UNER's satisfaction the
reasans for such action.
SSsfistmitial Conipletion:
14.8. When CONTRACTC)R cansiders the entue Work
ready for its intended use CONTRACTOR st�zll notifv
01�'NER and �NGINEER in writing diat the entue Work
is suUstantially complete (except for itsms specifically
listed by CONTRACTOR as incompletej and request that
ENGINEER issue a certificate of Stiibstantial Completion.
Within a reasonabla time tharea$er, OWNER,
CONTRACTOR and ENGINEER shall make an inspection
of the W"ork to detemiine tha status of completion. If
ENGR�E�R does not consider the Work substantiallv
complete, ENGINEER will notify CONTRACTOR in
tivritir� giving the reasons therefor. If ENGINEER
considers the Work substantiall}� complete, ENGINEER
will prepare and deliver to OWNER a tentative certificate
of Substantial Completion which shall fix the daYe of
SuUstantial Completion. There shall Ue attached to the
cartificate a tantative list of items to be crnnplzYed or
corrected Uefore fu�al paymznt. Ot�I�TER shall have seven
days after receipt of the tentative certificate durir� w�hich
to make written oUjection to ENGINEER as to any
provisions of the cartificat� or attached list. If, after
considering such oUjections, ENGINEER conclucles that
the \�ark is not substantially complate, ENGINEER will
within fourteen days afrer submission of the tentative
certificate to OWNCR notify ('ONTRACTOR in writang,
stating the reasons therefor. If, aftzr consideration of
OWNER's objections, ENGIN�ER considers the Work
substantially completz, ENGIlVEER ���ill �a�ithin said
fourteen aays e�ecute and deliver to OWIVER and
CONTRACTOR a definitiva certificate of SuUstantial
Completion (with a revised te�ntative list of items to be
completea or corrzctedl rzflecting such changes from the
tantative certificate as ENUINEER Uelieves justifiad a8er
consideratian of any objections from OWNER. .�t the
time of delivary of tha tentative cartificate of Substantial
Completion ENGINEER will deliver to OVvNER and
CONTRACTOR a �vrittan racommandation as Yo division
of responsibilities pencling final payment bzriveen
OR/NER and CONTRACTOR with respect to security,
operation, safety, maintenance, heat, utilities, insurance
and warranties and guarantees. Unless Ot�'NER and
CONTR4CTOR agree otherwise in w�riting and so inform
ENGINEER in writing prior to ENUINEF,R's issuing the
definitive certificate of SuUstantial Completion,
ENUINEER's aforesaid recommenciation will ba binding
on Oti�NER an�l CONTRACTOR until final pa}nnent.
14.9. OWNER shall have thz right to exclude
CONTRACTOR from the Work after the date of
Substantial Complztion, but OWNER shall allow
CONTRACTOR reasonable access to complete or correct
items on the tentative list.
PQ7i1Ai L�t2ilj,QhO/1:
14.10. Use Uy OWNER at OWNER's option of any
substantiallv complstad part of the W'ork, which: iii has
specifically Ueen identified in the Contract Documents, or
(iij OWNER, F,NGINEER and CONTR�CTOR agree
constitutes a separately functioning and usaUle part of the
t��ork that can Ue uszd bv OWNER for its intended
purpose without significant interference with
CC�NTR.ACTOR's perforniance of the remainder of the
1�rork, roay be accomplished �rior to Substantial
Completion of all the Work suliject to the following:
1=1.10.1. UWNER at any tima may request
CONTR4CTOR in �uriting to pennit OWNIIZ to use
any such part of the Work ���hich OI��R believes to
Uz ready for its intended use and subsYantially
camplete. If CONTRi�CTOR a�ees that such part of
the Work is suUstantially complete, CONTRIICTOR
will certify to OWNER and ENGINEER that such
part of the Work is substantially complete and rzquest
ENUINEER to issue a certificate of Substantial
Completion for that part of the Work.
EJCDC GENER.4L CONDITIONS 1910-8 (1990 Edition)
30 w/ CITY C�F FORT COLLINS MODIFICATIc�NS (REV 4l2000j
CONTRACTOR at any time may notify Ow�R and
ENGINEER in wriYin� that CONTRr�CTOR considers
any such part of the Work ready for its inYended use
ana suUstantially complete ana request ENGINEER to
issue a cartificate of Substantial Completion for Chat
part of the �tiQrk. Within a reasonaUle tune after eithar
such request, Ul&'N�R CONTILaCTOR and
ENGINEER shall malce an inspectian of that part of
the Work to determina its status of completion. If
ENGINEER does not consider that part of the Work to
Ue substantially complete, ENGINEER �vill notify
OWNER and CONTRACTOR in writing giving the
reasons therefor. If ENGINEER considers that part of
the Wark to be substantially complete, the provisions
of paragaphs 1�I.R and 14.9 wi11 apply with respect tc�
czrtification of Substantial Completion of that part of
the l�ork anct the division of responsibility in respect
thereof and access Yhereto.
14.1t1.^_. No occupancy or separate operation of part
of the \�ork will be accomplished prior to compliance
with the requirements of para�aph 5.15 in respect oY
property insurance.
Fi�aal In speckon:
14.11. L?pon written notice from CONTRACTOR that the
entire ��ork or an a�eed portion thereof is complete,
ENGINE�R will maka a tinal inspection with OWN�R
and CONTRACTOR and will notifv CONTRACTOR in
tivritir� of all p�rticulars in which this inspection reveals
that the Work is incomplete or d�fzctii�e. CONTRACTOR
shall immecGately take such maasurzs as are necessary to
coml�lete such ���ork or remedy such deiiciencies.
Fina(.-lpplicniion.f�r Pn��ment:
141�. Aftzr CONTRaCTOR has completed all such
corrections to thz satisfaction of ENGII�T�ER and delivered
in accordance with the Contract Documents all
maintenanca and operating instructions, schedules,
guarantees, Bonds, certificates or other evrdence of
insurance required by paragraph �.4, certificates of
inspection, marked-up record documents (as pravided in
paragraph 6.191 and other documanis, CONTRr\CT(_)R
may make application for final payment follotiving the
procedure for progress payments. The final Application for
Payment shall Ue accompanied (ezcept as previously
delivarecl) by: (ij all documentation called for in tha
Contract Documents, inclu��ing but not lunited to the
evidence of insurance requirecl Uy subparagaph 5.4.13,
(ii) consent of the sureh�, if any, to final pa}nnent, and
(iii) complete and legally effectiva releases c�r waivers
(satisfactory to OR�NERj of all Liens arising out of or filed
in connection with the Work In lieu of such releases or
�uaivers of Liens and as approved Uv OWNER,
CONTRACTOR may fumish reczipts or releases in full
and afiidavit of CONTRACTOR that (il the releases ana
receipts include all laUor, services, material and equipment
for which a Lian could be filad, and (ii} all payrolls,
material and equipment bills, and other indzbteclness
corv�ected �vith the Work for �hhich O�VNER or OWNER's
property might in any way be responsiUle have Ueen paid or
otherwise satisfied. If an}� SuUcontractor or Supplier f�ils
E.�CDC GENERt1L CONDITIONS 1910-3 (1990 Edition)
w; C�TY OF FGRT CGLLINS MODIFICATIONS {�y 4/2000)
to fumish such a release or receipt in full,
CONTRACTOR may fumish a Bond or other collateral
satisfactory to Ol��'NER to indemnify O\N1V�R against
any Lien. Releases or waivers of liens and the consent of
the surety to finalize �a}nnent are to Ue submitted on
forms confonning to the fonnat of the OLUNER'S standard
forms bound in tha Project manual.
Finat Pa�u�ier¢t and.=lcceptaxce:
14.13. If, on the basis of ENGINEER's oUservation of
the Work during construction and final inspection, and
ENGINEER'.s review of the final Application for Payment
and accompanying documentation as required Uy the
Conttact Documents, F,NGINEER is satisfied that the
«/ork has been complzted and CONTRACTOR's other
obligations under the Contract Documents have Ueen
fulfillad, ENGINEER will, within ten days after rzceipt of
the final Application for Pa}nrent, in�licate in writing
ENGINEER's recommendation of pay'ment and presznt
the Application to OW'NER for payment. At the same
time ENGINEER will also Qive w�ritten notice to OWNER
and CONTR'�CTOR that the LVork is acceptable sul�ject
tc� the provisions of paragraph 14.15. Otherwise,
ENGINEER �vill retum the Application to
CONTR4CTOR, inclicating in writing the reasons for
rzfusing to recommend final payment, in which case
CONTR.4CTOR shall ivake the necessary correctioi�s and
zesubmit the Application. Thirty d�y�s after presentatian to
O�'NER of the Application and accompanying
clocumantation, in appropriate form and suUstance ancl
with ENGINEER's reconmtancl�tion and notice of
accept�zbility, the amount recommended by ENGINEER
will Uecome due and will Ue paid Uy OWNER to
CONTRACTOR suUject to para�*ranh 17.62 of these
General Conclitions.
1�.14. If, throu� no fault of CONTRACTOR, final
completion of the Work is significantly delayzd and if
ENGINEER so confirms, OwNER shall, upon receipt of
CONTRACTOR's final al�plication for Pa}nnent and
recommendation of ENGIN�ER, and without terminating
tha !�reement, make payment of the tralance due for that
portion of the Wark fially completed and accepted. If the
remaining balance to be held by O�L'NEl2 for Work not
fully completed or corrected is less than the retair�ge
stipulated in the .4gree�nent, and if Boncts have been
furnished as required in para�aph �1, the written consent
of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall Ue
submitted by C(�NTRACTOR to ENGINEER with the
Application for such pa}nnent. Such payment shall be
made under the tenns and conditions goveming tinal
pa�nnent, excapt that it shall not constitute a waiver of
claims.
YYairer ofClain:s:
14.15. The making and acceptance of iinal payment will
constitute:
14.15. ]. a waiver of all claims 6y OWNER against
CONTRP.CTOR, eacept claims arising from
unsettled Liens, from c�fective Work appearing after
31
final inspection pursuant to paragraph 14.11, from
failure to comply with the Contract Documents or the
terms of any specia] guarantees specified therein, or
from CONTRACTOR's continuing oUligations under
the Contract Documents; and
1�.1�.=.A waiver of all clauns by CONTRACTOR
against O�i'N�R other than those przviausly made in
writing and still unsettled.
ARTICLE IS--SUSPENSION OF WORK t1ND
TERI�IINATION
UIL'NER May Su.r��end bL'o�k:
15.1. At any time and without cause, OWNER may
suspenci the \��ork or any portion thereof for a period of not
more than rrinety days by notice in writing to
CONTR4CTOR and ENGINE�R wluch will fi�: the date
on which \l'ork will be reswned. CONTRACTOR shall
resume the �Nork on the cl�te so fixed CONTRACTOR
shall be allowed an adjusrinent in thz Contract Price or an
exfension of the Contract Tunes, or both, cliractly
attriUutable to any such suspension if CONTRACTOR
makes an approved claim therefor as provided in
tlrticles 11 and 1 �.
OI�•��R �7ay Terminate.•
15.2. Upon the occurrence of any one or more of the
following events:
152.1. if CONTRACTOR persistently fails to perfomi
the Work in accordance with the Contract Documents
(including Uut not limited tc�, failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule estaUlishea
under paragraph?9 as adjusted from time to tune
pursuantto paregraph 6.6};
1�?.?. if CONTRaCTOR clisregards Laws ar
Regulations of any public body having jurisdiction;
15.?.;. if CONTRACTOR disregarcls the authority of
ENGINEER; or
152.4. if CONTR:ICTOR otherwise violates in any
suUstantial way any provisions of the Contr3ct
Documents:
OWNER may, afrer givir� CONTRACTOR (and the
surety, if an}�) seven days' written notice and to the estent
permitted by Laws and Regulations, terminate the services
of CONTR�CTOR, exclude CONTRACTOR from the site
and take possession of the Wark and of all
CONTRACTOR's toals, appliances, construction
equipmant and machinen- at the site and use the same to
the full ea�tent thay could Ue used Uy CONTRACTOR
�without liability to CONTRtaCTOR for trespass or
conversionl. incorporate in the Work all materials ana
equipment st��red at the site or for which O�UNER has I�aid
CONTRACTOR but which are stored elsewhere, ana
fuush the Work as OWNER may deem eYpedient. In such
case CONTRACTOR shall not ba entitled to receive any
further payment until the Work is finishecl. If the unpaid
balance of the Contraet Price exceecls all clauns, costs,
losses and damages sustained Uy OWNER arising out of
or resulting from completing the Work such eKcess will ba
paid to CONTRr1CTOR. If such clauns, costs, losses and
damages e�ceed such unpaicl balance, CONTRACTOR
shall pay the clif%rence to OWNER. Such clauns, costs,
losses and damages incurred by� O�bNER will Ue reviewed
by ENGINEER as to their reasonaUlzness and when so
approved by ENGIIVEER incorporated in a Change Order,
provided that �vhan esercising any rights or remedies
under this paragraPh Q���NER shal] not be required to
obtain the lowest price for the \��'ork ��erform ed.
15.3. Where CONTRACTOR's services have Ueen so
terminated by OWNER, the termination �vill not affect
any rights or remedies of OWNF12 against
CONTRACTOR then existir� or evhich may thereafter
accrue. Any retention ar payment of moneys due
CONTRACTOR Uy OWNER will not release
CONTRACTOR from liability.
15.4. Upon seven days' �vritten notice to
CONTRACTOR and ENGINEER, OWNER may,
without cause and without prejudice to any other right or
remady of OWN�12, elect to tenninate the Agraement. In
such case, CONTRACTOR shall be paid (without
duplication of any items):
15.4.1. for completed and acceptable Work axecuted
in accordance with the Contract Documents prior to
the effective date of termination, including fair and
reasonaUle sums for overhead and profit on such
Wark:
15.4.�. for expenses sustained prior to the effective
date of temiination in perfomiing services and
furnishing labor, materials or equipment as required
by the Contract Documents �in connection with
uncompleted Work, plus fair and reasonaUle sums for
overhead and profit on such e�penses;
1�.43. for all claims, costs, losses and damages
incurred in settlement of terminated contracts 4vith
SuUcontractors, Suppliers and others; and
15.4.4. for reasonaUle eaZ�enses directly attributaUle
to termination.
CONTR4CTOR shall not be paid on account of loss of
anticipated profits or revznue or oth�r economic loss
arising out of or resulting from such tennination.
CONTRACTOR dlav Stop T�%ork or Tern:inale:
15.5. I� through no act or fault of CON�RACTOR, the
tit�ork is suspended for a pariod of more than ninety days
by OWNER or undar an order of court or other puUlic
authority, or LNGINE�R fails tc� act on any Applicatic�n
for Payment within thirty days after it is suUmitted or
OWNER fails for t}vrty days to pay CONTR.�.CTOR any
,� EJCDC GENER.4L CONDITIONS 1910-8 (1990 Edition)
3` w/ CITY C�F FORT COLLINS MODIFICATIc�NS (REV 4l2000j
sum fmally determined to be due, then CONTRACTOR
may, upon seven days' written notice to OWNER and
LNGINE�R, and provided Olb'NER or EIVGIN��R do nat
remedy such suspension or failure within that time,
tern�inate the '�greement and recover &om U��'IVER
payment on the same tenns as provided in para�aph 1�.4.
In lieu of terminating the Agrzement and without prejudicz
to any other ri�ht or remedy, if LNGINEER has failecl to
act on an Application for Payment wit}un t}urty days atter it
is suUmittee�, or 01�,'I�TER has failed for thu-ty days to pay
CONTRACTOR any swn finally detennined to be due,
CONTRACTOR may upon seven days' written notice to
OWNER and ENGINEER stop the Work until pa}�nent of
all such amounts due CONTRr�CTOR, including interest
thereon. The proaisions of this paragraph 15.� are noY
intznded to przclude CONTRACTOR froin making claim
under Articles 11 and 1� for an increase in Contract Price
or ContracY Tunes or othenvise for e�enses or damage
directly attributaUle to CONTRACTOR's stopping Work as
pern�itted Uy this �rara�aph.
R� :71 Y G] 11 �iG� 1] G91UI II �l :7 �[.Y�l 11�1 Y[�7►1
If and to tha e�tant that OWNER and CONTRACTOR
have agread on the method and procedure for resal��ing
disputes between them that ma}� arise under this
Agraement, such aispute resolution method ana procedure,
if any, shall Ua as set forth in E�hibit GC-� "Dispute
Resolutio�� Agreament", to be attachecl hereto and made a
part hereo£ If no such agreement on the mathod and
proceciure for resolving such c�isputes has besn reachecj,
and subject to tha pro� isions o£ paragraphs 9.1 i i, 9.11 and
9.12, OWNER ancl CONTRACTOR may exercise such
nghts or remedies as either may otherwise have under thz
Contract Documents or U�� La���s or Regulations in respect
of any dispute.
ARTICLE 17--NIISCELLANEOUS
Giving Notice:
17.1. �Thenever any provision of the Contract
Docwnents requires the giving of written notice, it wil] be
deemecl to have been validly given if delieerea in person to
the individual or to a member of the firm, or to an officer of
the corporation for whom it is intandacl� or if delivered at or
sent by registered or certified mail, postage prepaid, to the
last Uusiness address known to the gi�rer of the notice.
17.2. Computation ofTime:
17.3.1. When any period of time is referred to in the
Contract Documents Uy days, it will be eomputed to
eaclude the first and include the last day� of such
period. If the last day of any such period falls on a
Saturday or Sunday� or on a day made a legal holiday
Uy the law of the applicaUle jurisdiction, such day ��ill
be oii�itted from the computati�n.
E.�CDC GENERt1L CONDITIONS 1910-3 (1990 Edition)
w; ('fTY OF FGRT CGLLINS MODIFICATIONS {�y 4/2000)
17.�2. A cakndar clay of twenty-four hours measured
from midnight to the ne�t midnight will constitute a
day.
N�tice � f Clai�t::
17.3. Shauld O�i�NER or CONTR4CTOR suffer injury
or damage to person or property bacause of any 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 w7iting
to the other party within a reasonable time of the first
observance af such injury or damage. The provisions of
this paragraph 17.3 shall not bz construed as a substitute
for or a �a�aiver of the provisions o£ any applicaUle statute
of limitations or repose.Cuntularive Remedies�
17.4. The duties and obligations imposed Uy these
General Conditions and the rights and remedies available
hereunder to the parties hereto, and, in particular but
without limitation, the warranties, wara��tees and
oUligations imposed upon CONTRACTOR by
paragraphs 6.12, 6.16, 63G, 6.31, 6.3'?, 13.1, 13.12, 13.14,
14.3 and 15,2 and all of the rights and remedies available
to OWNER and ENUINEER thereunder, are in adclition
to, and are not to be construad in any way as a limitation
of, any rights and remedizs availaUle to any or all of them
which are othzrwise iml�aseci or a��ailable by Lativs or
Re�ulations by special warranty or warantse or by other
provisions of the Contract Documents, and the provisions
of this para�aph will t�e as effecti��e as if repeated
specifically in the ContYact Documents in cormection with
each partieular ciutv, �bligation, right and reme.dy to which
they apply.
Professimtal Fee.s arzd Court Costs Included:
17.5. 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,
attomeys and other professionals ana all court or
arbitration ar other dispute resolution costs.
17.6. The laws of the Statz of Colorado ap�y to this
.�reement. Reference to rivo pertinent Colorado statutes
are as follows;
17.6.1. Colorado Revised Statutes iCRS 8-17-11i1'�
raquire that Colorado labor be emploved to perform
the Work to the extznt of not less tl�an 80 ��ercent
(80°ro� of each ty�e or class of laUar in the several
classifications of skilled and common labor employed
on the praject. Colarado laUor means an�xrson who
is a bona fide resident of the State af Colorado at the
tune of employment, �vithout cliscrunination as to race,
color, creed. age, religion or sax.
17.6.'Z. If a claim is tiled, OWNER is requued by
law (CRS 3S <6-107j to �vithhold from all paymen�c to
CONTRACTOR sufticiznt funds to insure the
nati�nent of all clauns for labor, materials, team hire.
sustenanc;e, provisions, provender, or other supplies
used or consumed by CONTRtaCTOR or his
33
subcontraetors in or aboutthe perforniance oFthe Work.
Such funds must be withheld until said claims have
EJCDC GENER.4L CONDITIONS 1910-8 (1990 Editicm)
3`� w/ CITY C�F FORT COLLINS MODIFICATIc�NS (REV 4l2000j
enforce such unpaid claun and a notice of lis pendens is
filed with the OWNER. At the expuation of such
ninety�90) day period, OWNER shall pav to
CONTRACTOR such moneys and funds as are not the
subject of suit and lis pendens notices, and shall retain
only sufficient funds to inswe tha payment of
judgements which may result from the suit.
(This page left blank intentionally.)
E.�CDC GENERt1L CONDITIONS 1910-3 (1990 Edition) 35
w; C�TY OF FGRT CGLLINS MODIFICATIONS {�y 4/2000)
EJCDC GENER.4L CONDITIONS 1910-8 (1990 Edition)
36 w/ CITY C�F FORT COLLINS MODIFICATIc�NS (REV 4l2000j
EXHIBIT GC-A to General Conditions
of the Construction Contract Beh�een
OWNER nnd CONTRACTOR
I 17 G'S1111 Y�1.7 x.Y�] 111Y Y[�A�Ce� .7 �I �I►� !�1►Y Y
OWNER and CONTR4CTOR hereby agee that
Article 16 of the Genaral Conditions of the Co��struction
Contract Uetwaen OWNER and CONTRACTOR is
amended to include the following agreement of the parties:
16.1. All clauns, clisputes and other matters in
question lietween O�ti'NER and CONTRr1CTOR arising
out of or relating to tha Contract Documents or the Ureach
thereof fexcept for claims ti��hich have been waived Uy the
makin� or acceptance of final payment as provided Uy
paragraph 14.15j will Ue decided by arbitration in
accordance with the Construction Industry Arbitration
Rules of the American ArbitraYion Association than
obtanung, subject to the liinitations of the Article 16. This
agreement so to arbitrate and any othar agreement or
consent to arbitrate ontered into in accordance harewith as
provided in this :�-ticle 1 ti will be specifically enforceable
under the prevailinb law of any� court having jurisdiction.
162. No demand for arUitration of any claim, dispute
or other matter that is required to bz referred to
ENGINEER initiallv 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,l the thirty-first day after the parties have presented thzir
evidencz to ENGINEER if a written decision has not bean
rendered by ENGIN-EER before that date. No demand for
arbitration of any such claun, dispute or other matter will
be madz later than thirty days after the date on which
ENGINEER has rendered a written decision in respect
thereof in accordance �vith paragraph 9.11; and the failure
to demancl arUitration within said thirty days' period will
result in ENG]NEER's decision Ueing final and Uinding
upon OWNER and CONTRACTOR If ENGINEER
renders a decisi�n aftar arbitration proceedings have been
initiatecl, such decision may Ue entzred as evidence but will
not supersede tha arbitration procaedings, axcapt where thz
decision is acceptaUle to the parties concerned. No demand
for arbitration of any written decision of ENGINCER
rendered in accordance with paragraph 9.10 will be made
later than ten days after the party making such demand has
delivered nrvritten notice of intention to appeal as proviaed
in paragraph 9.lii.
1h.3. Notice of the demand for arbitration will be
filed in writing with the other party to the A�eement ancl
with the American Arbitration Association, and a copy �vill
be sent to �NGINE�R for information. The demand for
arbitration will Ue made within tha thirty-day or ten-day
period spzcified in parab aph 16? as applicable, and in all
other cases within a reasonaUle timz after the claim, dispute
or other matter in quzstion has arisen, and in no event shall
any such demand be made after the clate when institution of
legal or equitable proceedings Uased on such claun, clispute
or other matter in question would be barred by the
applicaUle statute af lunitations.
EJCDC GENERAL CONDITIONS 1910-8 f1990 E�i[ioo)
w/ CITY OF FORT COLLINS MUDIFICATTONS (REV 9/99j
16.4. E�cept as providea in paragraph 16.5 below,
no arbitration arising out of or relating to the Contract
Docmnents shall include by consolidation, joinder or in any
other manner any other person or entity (inclucling
ENGINEER, ENGIN�ER's Consultant and the ofticers,
duectors, agents, employees or consultants of any of them)
who is not a party to this conYract unless:
16.4.1. the inclusion of such other person or entity is
necessary if coml�lete relief is to be afforded among
those who are akeady parties to the arbitration, and
1 b.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 �vill arise in such proceedin�s, and
16.4.3. the written consent of the other person or
entity sought to be included and af OLUNER and
CONTRACTOR has been obtainad for such inclusion,
which consent shall make specific reference to this
paragraph; but nc� such consent shall constitute consent
t� arUitration of any clispute not specitically described
in such consent or to arbitration with any party not
specifically identifizd in such consent.
16.ti. Notwithstanding Paragraph 16.4, if a claim,
dispute or other matter in question Uetwaen O���NER and
CONTRACTOR involves the work of a SuUcontractor,
zither OWTVER or CONTR4CTOR may join such
Subcontractor as a party to the arUitration betw�een OIkNER
and CONTRP.CTOR hereunder. CONTRACTOR shall
include in all subcontracts requirecl by paragraph 6.11 a
speeific provision whereUy the SuUcontractor consents to
being joined in an arbitration between OWNER and
CONTRr�CTOR involving the Work of such
Subcontractor. Not}ung 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 ancl against OWN�R ENUINEER or
ENUINEER's Consultants that does noi otherwise exist.
16.6. The award rendered by the arbitrators will be
final, judgment may be entered upon it in any court having
jurisdiction thereof, and it will nat be subject to
modification or appeal.
16.7. OR'NER and CONTRACTOR a�ee that they
sha11 fust submit any and all unsettled claims,
counterclaims, disputes and other mat#ers in question
betwean them arising out of or relating to the ('ontract
Documants or tha breach thareof ("disputes"), to mediation
by the :4merican Aibitration .4ssociation under the
Construction Industry� l�2ediation Rules of the American
Arbitration Lassociation prior to either of them irutiating
aQainst the other a demand for arbitration pursuant to
paragraphs 16.1 through 16.6, unless delay in initiating
arbitration woul�l uravocably prejuclice onz of the parties.
The res��ective thirty ancl ten day time limits within which
to file a damand for arbitration as provided in paragraphs
16.? ancl 163 above shall be suspended with respect to a
dispute submitted to mediation ��ithin those same
a��plieaUle tima lunits and shall remain suspanded until ten
days after the tennination of the mediation. The madi3tor
of any dispute suUmitted to mediation under this Agreement
shall not serve as arbitrator of such dispute unless otherwise
a�*rzad.
GC-Al
EJCDC GENERAL CONDITIONS 1910-8 f1990 E�i[iou) GC-Al
w/ CITY OF FORT COLLINS A4UDIFICATTONS (REV 9/94j
SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Agreement
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-2.8 Preliminary Matters
A. Delete paragraph 2.8 of the General Conditions entirely and replace it with the
following paragraph:
Preconstruction Conference. Within ten days after the Contract Times for a
Work Order 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 relationship among the parties as to the Work and
to discuss the schedules referred to in paragraph 2.6, procedures for handling
Shop Drawings and other submittals, processing Applications for Payment,
and maintaining required records. Unless otherwise agreed by the parties, the
CONTRACTOR shall be responsible for documenting the meeting minutes
which shall be subject to the OWNER'S approval.
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:
City of Fort Collins Biosolids Facility — Meadow Springs Ranch by Empire
Laboratories dated July 19, 1995
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.
SC-5.4.7 Additional Insureds. Include the following parties or entities as additional insureds,
as provided in paragraph 5.4.7 of the General Conditions:
5.4.7.1 City of Fort Collins, PO Box 580, Fort Collins, Colorado 80522
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 in paragraphs 5.4.1 through 5.4.10 of the General
Conditions are as outlined in Section 00630 of the Agreement.
The limits of liability for the insurance required by paragraphs 5.4.1 through 5.4.6
inclusive and requirements of 5.4.7 through 5.4.10 shall be in accordance with
Section 00630 of the Agreement.
SC-8.0 Owner's Responsibilities
A. 8.1 Change reference to ENGINEER to PROJECT MANAGER
B. Add the following language to ARTICLE 8:
8.10. The OWNER will provide a project manager (the 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 Authoritv: The Project Manager will be the OWNER's representative during the
construction of the project. The Project Manager shall have the authority to reject
work and materials whenever 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 access so the Project Manager may
perform his or her functions under the Contract Documents.
8.10.3 One or more Construction Inspector(s) (CI) mav 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 CI assignments. The CI 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 CI will not be responsible for
CONTRACTOR's failure to perform or furnish the Work in accordance with the
Contract Documents. The CI'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-11.6.2 Change of Contract Price
A. Add the following new paragraph to paragraph 11.6.2 of the General Conditions:
11.6.2.7. Cost of fhe Work. Allowances for profit, overhead and mark-up
prescribed by Article 5 of the Agreement shall be used in lieu of any
CONTRACTOR'S fee, overhead, profit or mark-up allowances as
prescribed in paragraphs 11.6.2.1, 11.6.2.2, and 11.6.2.3.
SC-12.3. Add the following language to the end of paragraph 12.3 of the General Conditions.
Lost days due to abnormal weather conditions will be allocated as required. Should there be a
day with abnormal weather conditions, Contractor and the City Project Manager will consult,
before start of Work, and determine whether Work should begin or not, documenting the decision
in writing. In the event the parties mutually agree to suspend Work due to weather, the Project
Schedule may be extended on a day for day basis equivalent to the period of time the Work was
suspended for weather.
SC-13.12 Correction Period:
13.12.1 If within two years of the date of Substantial Completion or a 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, and
Work is found to be defective, CONTRACTOR shall promptly, without
cost to OWNER and in accordance with OWNER's written instructions.
SECTION 00900
CHANGE ORDERS AND PAYMENT
00950 Agreement Change Order
00960 Application for Payment
SECTION 00950
CHANGE ORDER
NO.
PROJECT TITLE: 9889 Meadow Springs Ranch Storage Facility
CONTRACTOR: Company Name
PO NUMBER:
DESCRIPTION:
1. Reason for Change: Why is the change required?
2. Description of Change: Provide details of the changes to the Work
3. Change in Price:
4. Change in Time:
ORIGINAL PRICE
TOTAL APPROVED CHANGE ORDER
TOTAL PENDING CHANGE ORDER
TOTAL THIS CHANGE ORDER
TOTAL % OF THIS CHANGE ORDER
TOTAL C.O.% OF ORIGINAL WORK ORDER
ADJUSTED COST
CONTRACTOR:
Name, Title
ACCEPTANCE:
REVIEWED:
ACCEPTANCE:
Name, Project Manager
JD McCune, Buyer II
Gerry Paul, Purchasing Director
(if greater than $60,000)
:�
$
Date:
Date:
Date:
Date:
.00
.00
.00
.00
%
%
.00
Section 00960
OWNER: City of Fort Collins
ENGINEER:
CHANGE ORDERS
NUMBER
DATE
AMOUNT
APPLICATION FOR PAYMENT
PROJECT: APPLICATION NUMBER:
APPLICATION DATE:
PERIOD BEGINNING:
CONTRACTOR: PERIOD ENDING:
PROJECT NUMBER:
Application is made for Payment as shown below in connection with Contract
The present status of the account for this Agreement is
as follows:
Original Agreement Amount:
Net Change by Change Order:
Current Agreement Amount:
Total Completed and Stored to Date:
Less Previous Applications:
Net Change by Change Order
$0.00
Amount Due this Application - Before Retainage:
Less Retainage:
AMOUNT DUE THIS APPLICATION:
CERTIFICATION:
The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with
the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract.
OR
The undersigned CONTRACTOR certifies that to the best of its 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 for Work for which previous Applications for Payment were issued and payments
received, and this current payment requested herein is now due.
The above Amount Due This Application is requested by the CONTRACTOR.
Date
By:
In accordance with the Contract Documents, based on site observations and the data
comprising the above Application, the ENGINEER certifies to the OWNER that the Work
has progressed to the point indicated; that to the best of its knowledge, information and
belief, the quality of the Work is generally in accordance with the Contract Documents,
and that the CONTRACTOR is entitled to payment of the amount requested herein
subject to any set-offs set forth on the attached exhibit.
PAGE 1 OF 4
$0.00
$0.00
$0.00
Payment of the above Amount Due This Application is recommended by the ENGINEER.
Date
By:
Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager.
Date
By:
Payment of the above Amount Due This Application is approved by the OWNER.
Date
Bid
Item
AGREEMENT AMOUNTS
Number Description Quantity Units
TOTALS
Unit
Price
APPLICATION FOR
PAYMENT
Work Work
Completed Completed
This Previous
Month Periods
Amount Qty
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Amount Qty
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Work
Completed
To
Date
Amount Qty
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
PAGE20F4
Stored
Materials
This
Total
Earned
To
Date
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Percent
Amount Period
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
: -.
CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4
Work Work Work
Completed Completed Completed Stored
This Previous To
Bid Month Periods Date Materials Total
Item This Earned Percent
Unit To
Number Descri tion Quantit Units Price Amount Qt . Amount Qt . Amount Qt . Amount Period Date Billed
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00 $0.00
TOTALS CHANGE
ORDERS $0.00 $0.00 $0.00 $0.00 $0.00
PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00
Attachment 1
Miles
0 0.1 0.2 0.4 0.6 0.8
GEOTECHNICAL ENGINEERING REPORT
CITY OF FORT COLLINS BIOSOLIDS FACILITY
MEADOW SPRINGS RANCH
LARIMER COUNTY, COLORADO
ELI PROJECT NO. 20955072
July 19, 1995
Prepared for.•
RBD, INC.
209 SOUTH MELDRUM STREET
FORT COLLINS, COLORADO 80521
ATTN: MR. TERRY MCENANY
Piepared b y:
Empire Laboratories, Inc.
A Division of The Terracon Companies, Inc.
301 North Howes Street
Fort Collins, Colorado 80521
Empire Laboratories, Inc.
A Division of The Terracon Companies, Inc.
Empire Laboratories, Inc.
A Division of The Terracon Companies, Inc.
P.O. Box 503 • 301 No. Howes
Fort Collins, Colorado 80522
(303) 484-0359
Fax(303)484-0454
Chester C. Smith, P.E.
Larry G. O'Dell, P.E.
Neil R. Sherrod, C.P.G.
July 19, 1995
RBD, Inc.
209 South Meldrum Street
Fort Collins, Colorado 80521
Attn: Mr. Terry McEnany
Re: Geotechnical Engineering Report, City of Fort Collins Biosolids Facility
Meadow Springs Ranch, Larimer, Colorado
ELI Project No. 20955072
Empire Laboratories, Inc. (ELI) has completed a geotechnical engineering exploration for the
revised location of the proposed Biosolids facility at the Meadow Springs Ranch in northeast
Larimer, Colorado. This study was performed in general accordance with our proposal
number D2094409 dated November 29, 1994. The report of our geotechnical engineering
exploration for the originally proposed location was dated May 19, 1995.
The results of our engineering study, including the boring location diagram, laboratory test
results, test boring records, and the geotechnical recommendations needed to aid in the
design and construction of foundations and other earth connected phases of this project are
attached.
The subsurface soils consisted of predominately sandy lean clay with variable sand and
gravel and clean and clayey sand and gravel. The subsoils are underlain by siltstone
bedrock. The information obtained by the results of field exploration and laboratory testing
indicates the clay soils exhibit low to moderate swell potential. The subsoils have moderate
bearing capabilities.
Based on the geotechnical engineering analysis, subsurface exploration and laboratory test
results, we recommend the proposed structures be supported on a spread footing and/or
grade beam foundation system founded in undisturbed natural soils or structural fill
materials.
Other design and construction details, based upon geotechnical conditions, are presented
in the report.
Offices of The Terracon Companies, Inc. Geotechnical, Envlronmental and Materials Engineers
Arizona � Arkansas � Colorado � Idaho ■ Illinois ■ lowa � Kansas � Minnesota
Missouri ■ Montana � Nebraska ■ Nevada � Oklahoma � Texas � Utah � Wyoming
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Geotechnical Engineering Exploration
RBD, Inc.
ELI Project No. 20955072
Terracon
We appreciate being of service during the geotechnical engineering phase of this project,
and are prepared to assist during the construction phase as well. If you have any questions
� concerning this report or any of our testing, inspection, design and consulting services,
please do not hesitate to contact us.
Sincerely,
EMPIRE LABORATORIES, INC.
`� A Division of The Terracon Companies, Inc.
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Prepared By: �n�m
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Reviewed by: ��o�opN���;.`
Neil R. She
Senior Engineering Geologist
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Copies to: Addressee (3)
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Geotechnical Engineering Exploration
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ELI Project No. 20955072
TABLE OF CONTENTS
Page No.
Letter of Transmittal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii
INTRODUCTION ................................................ 1
PROPOSED CONSTRUCTION ...................................... 1
SITEEXPLORATION ............................................. 2
Field Exploration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
LaboratoryTesting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
SITECONDITIONS .............................................. 3
SUBSURFACE CONDITIONS ....................................... 3
Geology................................................ 3
Soil and Bedrock Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Field and Laboratory Test Results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
GroundwaterConditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
CONCLUSIONS AND RECOMMENDATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . .
GeotechnicalConsiderations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Foundation Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SeismicConsiderations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Floor Slab Design and Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ContainmentPond .........................................
Septic System Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Earthwork...............................................
Site Clearing and Preparation . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Excavation.........................................
Slab Subgrade Preparation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
FillMaterials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Placement and Compaction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Shrinkage ..........................................
Slopes............................................
Compliance.........................................
Excavation and Trench Construction . . . . . . . . . . . . . . . . . . . . . . . .
Drainage................................................
Surface Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Additional Design and Construction Considerations . . . . . . . . . . . . . . . . . .
Underground Utility Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Corrosion Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
EntranceRoadway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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GENERALCOMMENTS ........................................... 14
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TABLE OF CONTENTS (cont.)
Page No.
APPENDIX A
Site Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Figure No. 1
Logs of Borings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A1 thru A14
APPENDIX B
Consolidation Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B1 thru B6
Summary of Test Results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 thru 69
APPENDIX C: GENERAL NOTES
Drilling & Exploration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C1
Unified Soil Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C2
Bedrock Classification, Sedimentary Bedrock . . . . . . . . . . . . . . . . . . . . . . . C3
Laboratory Testing, Significance and Purpose . . . . . . . . . . . . . . . . . . . . . . C4
ReportTerminology ........................................ C5
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GEOTECHNICAL ENGINEERING REPORT
CITY OF FORT COLLINS BIOSOLIDS FACILITY
MEADOW SPRINGS RANCH
LARIMER COUNTY, COLORADO
ELI Project No. 20955072
July 19, 1995
INTRODUCTION
Terracon
This report contains the results of our geotechnical engineering exploration for the proposed
City of Fort Collins Biosolids facility located at Meadows Spring Ranch in northeast Larimer
County, Colorado. The site is located in the Southeast 1/4 of Section 35 and the Southeast
1/4 of Section 1, Township 11 North, Range 68 West of the 6th Principal Meridian.
The purpose of these services is to provide information and geotechnical engineering
`� recommendations relative to:
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• subsurface soil and bedrock conditions
• groundwater conditions
• foundation design and construction
• lateral earth pressures
• floor slab design and construction
• septic system
� • earthwork
• drainage
The conclusions and recommendations contained in this report are based upon the results
of field and laboratory testing, engineering analysis, and experience with similar soil
conditions, structures and our understanding of the proposed project.
PROPOSED CONSTRUCTION
The project as we understand it is to construct a targe concrete slab for sludge storage.
L� The slab will be enclosed in a steel-frame metal building in the future. The building will be
moved from the existing City of Fort Collins composting facility on East Prospect Road. A
maintenance building having slab-on-grade construction and precast concrete walls and a
modular office building will be placed adjacent to the southwest corner of the concrete slab.
� The office building will be served by an on-site sewage disposal system. A small
containment pond will be located directly adjacent to the northeast end of the concrete slab.
The slab will be sloped toward the pond, and finished slab grades will be between Elevation
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5998 to Elevation 5997. This will require cuts of up to 3 feet and placement of up to 8
feet of fill below portions of the slab. The containment pond will be approximately 8 feet
deep and will consist of a 2 foot cut and a 5 to 6 foot berm. The pond will be constructed
within a synthetic liner and will be approximately 25x300 feet in plan.
SITE EXPLORATION
The scope of the services performed for this project included site reconnaissance by an
engineering geologist, a subsurface exploration program, laboratory testing and engineering
analysis. �
Field Exploration: A total of 14 test borings were drilled on June 28, 1995 to depths of 2%2
to 15 feet at the locations shown on the Site Plan, Figure 1. Ten borings were drilled within
the footprint of the proposed concrete slab and buildings, three borings were drilled in the
area of proposed soil absorption bed, and one boring was drilled in the entrance drive. All
borings were advanced with a truck-mounted drilling rig, utilizing 4-inch and/or 6-inch
diameter solid stem augers.
The borings were located by EL! at the time of the site exploration. Elevations were taken
_ from the surveyed site plan. The accuracy of boring locations and elevations should only
be assumed to the level implied by the methods used.
� Continuous lithologic logs of each boring were recorded by the engineering geologist during
� the drilling operations. At selected intervals, samples of the subsurface materials were
taken by pushing thin-walled Shelby tubes, or driving split-spoon samplers.
Penetration resistance measurements were obtained by driving the split-spoon into the
.. subsurface materials with a 140-pound hammer falling 30 inches. The penetration
resistance value is a useful index to the consistency, relative density or hardness of the
materials encountered.
Groundwater measurements were made in each boring at the time of site exploration.
Laboratory Testinq: All samples retrieved during the field exploration were returned to the
laboratory for observation by the project geotechnical engineer, and were classified in
-- accordance with the Unified Soil Classification System described in Appendix C. Samples
of bedrock were classified in accordance with the general notes for Bedrock Classification.
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_ At that time, the field descriptions were confirmed or modified as necessary, an applicable
laboratory testing program was formulated to determine engineering properties of the
subsurface materials. Boring logs were prepared and are presented in Appendix A.
� Selected soil and bedrock samples were tested for the following engineering p�operties:
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• Water content
• Dry density
• Consolidation
• Compressive strength
• Expansion
• Plasticity Index
• Water soluble sulfate content
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The significance and purpose of each laboratory test is described in Appendix C. Laboratory
test results are presented in Appendix B, and were used for the geotechnical engineering
analyses, and the development of foundation and earthwork recommendations. All
laboratory tests were performed in general accordance with the applicable ASTM, local or
other accepted standards.
SITE CONDITIONS
The site consists of open prairie vegetated with short grass and cactus. The site is on the
west flank of a southeast trending drainage. The east side of the site extends into the
drainageway. There is a small erosive bank about 5 feet high on the east side of the
drainage. Locally, most of the site drains to the east. The area is bordered on all sides by
prairie. The entrance road is above the drainage on the west side of the site.
SUBSURFACE CONDITIONS
Geoloqv: The proposed area is located within the Colorado Piedmont section of the Great
Plains physiographic province. The Colorado Piedmont, formed during Late Tertiary and
Early O.uaternary time (approximately 2,000,000 years ago), is a broad, erosional trench
which separates the Southern Rocky Mountains from the High Plains. Structurally, the site
lies along the western flank of the Denver Basin. During the Late Mesozoic and Early
Cenozoic Periods (approximately 70,000,000 years ago), intense tectonic activity occurred,
causing the uplifting of the Front Range and associated downwarping of the Denver Basin
to the east. Relatively flat uplands and broad valleys characterize the present-day
topography of the Colorado Piedmont in this region. The site is underlain by the Tertiary
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� White River Formation. Siltstones and claystones of the White River Formation underlie the
site at depths of 5 feet to greater than 15 feet. The bedrock is overlain by residual and
alluvial soils of Pleistocene and/or Recent Age.
Soil and Bedrock Conditions: The following describes the characteristics of the primary soil
strata in order of increasing depths:
� • Siltv Topsoil: A 6-inch layer of silty topsoil was encountered in all but boring 1. The
_ topsoil has been penetrated by root growth and organic matter.
• Siltv Sand: This stratum underlies the clayey sand in Boring 1 and extends to 3%z
foot depth. In Boring 2, it is found from 2%z to 5 foot depth and in boring 8, it is
gravelly and is found from 5%2 to 8 foot depth. The silty sand is moist and loose in
consistency.
� • Clavev Sand: This stratum is found at the ground surface in boring 1, and underlies
-, the topsoil in boring 4. It extends to depths of 1 foot. The clayey sand is moist and
loose to medium dense.
• Sandv Lean Clav with Gravel: Lean clay with varying amounts of sand and gravel
was encountered below the topsoil layer in borings 2 and 3 and 5 through 13. In
borings 2 and 3, it extends to 2 foot depth. In borings 5 through 13, it extends to
depths ranging from 11 to 12'h feet. It is moist and medium stiff to very stiff in
consistency.
• Sand and Gravel: This stratum was encountered in Borings 1 through 4 at depths
ranging from 1 to 5 feet and extended to the 15 foot boring depths. It contains
varying amounts of cobbles, is moist to wet and medium dense to dense.
• Clavev Siltv Sand with Gravel: This stratum was encountered in borings 5 and 7
below the sandy lean clay with gravel, and extends to weathered bedrock below.
� It is moist and medium dense to dense.
• Siltstone Bedrock. The bedrock was encountered in borings 5 through 10 and 12
at depths of 5 to 12'/Z feet and extends to greater depths. The upper 1'/Z to 2'h
feet of the bedrock is highly weathered; however, the underlying siltstone is
moderate hard.
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Field and Laboratory Test Results: Field and laboratory test results indicate the clay soils
exhibit medium density and medium bearing characteristics and low to moderate swell
potential. The sandy soils exhibit medium bearing characteristics. The bedrock exhibits low
to moderate swell potential and high bearing characteristics.
Percolation tests conducted in the area of the proposed soil absorption bed are summarized
as follows:
Percolation Test Results
Test Depth to Depth to Percolation Rate
Hole Groundwater (ft) Bedrock ift) (minutes�nch)
11 — -- 10
12 — 5.0 7
13 — -- 30
Field test results indicate the soils in the area of the proposed septic system have fair
percolation characteristics.
Groundwater Conditions: Groundwater was not observed in any test boring at the time of
field exploration. However, deeper soils have high moisture contents, possibly indicating
that a water table may be observed with longer term monitoring. These observations
represent only current groundwater conditions, and may not be indicative of other times,
or at other locations. Groundwater levels can be expected to fluctuate with varying
_, seasonal and weather conditions.
Zones of perched and/or trapped groundwater may also occur at times in the subsurface
soils overlying bedrock, on top of the bedrock surface or within permeable fractures in the
_ bedrock materials. The location and amount of perched water is dependent upon several
factors, including hydrologic conditions, type of site development, irrigation demands on or
I adjacent to the site, fluctuations in water features, and seasonal and weather conditions.
, Fluctuations in groundwater levels can best be determined by implementation of a
groundwater monitoring plan. Such a plan would include installation of groundwater
monitoring wells, and periodic measurement of groundwater levels over a sufficient period
of time.
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- The possibility of groundwater fluctuations should be considered when developing design
and construction plans for the project.
CONCLUSIONS AND RECOMMENDATIONS
Geotechnical Considerations: The site appears suitable for the proposed construction.
Potentially expansive soils and low to moderately expansive bedrock will require particular
attention in the design and construction.
The following foundation systems were evaluated for use on the site:
• spread footings and/or grade beams bearing on undisturbed soil and/or
engineered structural fill extended to undisturbed soil.
Slab-on-grade construction is considered acceptable for use, provided that design and
construction recommendations are followed.
Foundation Svstems: We recommend the proposed structures be supported by spread
footing foundations bearing upon undisturbed soil and/or engineered fill extended to
undisturbed soil. The footings may be designed for a maximum bearing pressure of 1,500
psf. In addition, the footings should be sized to maintain a minimum dead-load pressure of
500 psf. The design bearing pressure applies to dead loads plus design %z live load
conditions. The design bearing pressure may be increased by one-third when considering
total loads that include wind or seismic conditions.
In order to maintain the minimum dead-load pressure, it may be necessary to design and
construct a system of grade beams and isolated footing pads. To maintain the minimum
dead-load pressure on footings, a minimum 4-inch void space should be provided beneath
the grade beams between footing pads (if utilized).
Exterior footings should be placed a minimum of 36 inches below finished grade for frost
protection. Finished grade is the lowest adjacent grade for perimeter footings and floor level
for interior footings.
Footings should be proportioned to minimize differential foundation movement.
� Proportioning on the basis of equal total settlement is recommended; however,
_ proportioning to relative constant dead-load pressure will also reduce differential settlement
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between adjacent footings. Total settlement resulting from the assumed structural loads
are estimated to be on the order of 3/4 inch or less. Additional foundation movements
could occur if water from any source infiltrates the foundation soils; therefore, proper
drainage should be provided in the final design and during construction.
Foundations and masonry walls should be reinforced as necessary to reduce the potential
for distress caused by differential foundation movement. The use of joints at openings or
other discontinuities in masonry walls is recommended.
Foundation excavations should be observed by the geotechnical engineer. If the soil
conditions encountered differ from those presented in this report, supplemental
recommendations will be required.
Seismic Considerations: The project site is located in Seismic Risk Zone I of the Seismic
Zone Map of the United States as indicated by the Uniform Building Code. Based upon the
nature of the subsurface materials, a seismic site coefficient, "s" of 1.0 should be used for
the design of structures for the proposed project (Uniform Building Code, Table No. 23-J).
Floor Slab Desi4n and Construction: Due to the low to moderate expansive potential of the
natural clay sand, differential movement of floor slab-on-grade may occur should the soils
increase in moisture content.
Where slab-on-grade is utilized, the subgrade soils should be prepared as outlined in the
Earthwork section of this report.
For structural design of concrete slabs-on-grade, a modulus of subgrade reaction of 100 pci
may be used for floors supported on imported granular fill meeting the specifications
outlined below.
Additional floor slab design and construction recommendations are as follows:
• Positive separations and/or isolation joints should be provided between slabs
and all foundations, columns or utility lines to allow independent movement.
• Contraction joints should be provided in slabs to control the location and
extent of cracking. Maximum joint spacing of 15 to 20 feet in each direction
- is recommended.
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ELI Project No. 20955072
• Interior trench backfill placed beneath slabs should be compacted in
accordance with recommended specifications outlined below.
• In areas subjected to normal loading, a minimum 4-inch layer of clean-graded
gravel should be placed beneath interior slabs. For heavy loading,
reevaluation of slab and/or base course thickness may be required.
• Floor slabs should not be constructed on frozen subgrade.
Containment Pond: It is our understanding the proposed containment pond is to be
constructed with a synthetic liner. It is recommended the slopes for the pond be designed
on grades of 3:1 or flatter. The upper 6 inches of the subgrade below the bottom of the
pond should be scarified and recompacted t 2 percent of optimum moisture to a minimum
of 95 percent of Standard Proctor Density ASTM D698. The subgrade below the liner
should be prepared in accordance with the manufacturer's recommendations or placed on
a minimum of 4 inches of clean, graded sand. The top of the liner should be anchored by
a trench along the upper edge of the pond. The trench should be backfilled with on-site
soils or granular material approved by the geotechnical engineer. Light sensitive liners
should be covered with a minimum of 6 to 8 inches of on-site soil.
Seatic Svstem Construction: The depth to bedrock precludes the use of a standard leach
field at the location of the proposed soil absorption bed as outlined by Larimer County
regulations. In view of this and the nonresidential use, an engineered septic system is
recommended for the site. The system should be designed for the proposed use using the
data provided in this report.
Earthwork:
• Site Clearina and Preaaration:
1. Strip and remove existing vegetation, debris, and other deleterious materials
from proposed building and pavement areas. All exposed surfaces should be
free of mounds and depressions which could prevent uniform compaction.
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_ 2. If unexpected fills or underground facilities are encountered during site
clearing, such features should be removed and the excavation thorcughly
cleaned prior to backfill placement and/or construction. All excavations
should be observed by the geotechnical engineer prior to backfill placement.
3. Stripped materials consisting of vegetation and organic materials should be
wasted from the site, or used to revegetate exposed slopes after completion
of grading operations. If it is necessary to dispose of organic materials on-
site, they should be placed in non-structural areas, and in fill sections not
exceeding 5 feet in height.
4. The site should be initially graded to create a relatively level surface to
receive fill, and to provide for a relatively uniform thickness of fill beneath
proposed building structures.
5. All exposed areas which will receive fill, once properly cleared and benched
where necessary, should be scarified to a minimum depth of 8 inches,
conditioned to near optimum moisture content, and compacted.
• Excavation:
1. It is anticipated that excavations for the proposed construction can be
accomplished with conventional earthmoving equipment.
2. Excavation penetrating the firm bedrock may require the use of specialized
heavy-duty equipment, such as a track-mounted backhoe.
� 3. Groundwater seepage may be anticipated for excavations approaching the
level of bedrock.
� Slab SubQrade Preparation:
1. The upper one foot of the subgrade below the removed fill should be scarified
and recompacted to the required moisture and density.
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Fill Materiais:
Terracon
1. Clean on-site soils or approved imported materials may be used as fill material
for the following:
• general site grading
e foundation areas
• interior floor slab areas
• exterior slab areas
• pavement areas
• foundation backfill
2. On-site bedrock materials are not recommended for use beneath structural
ares of the site. Should bedrock materials be used for general site grading,
placement in fills at non-structural locations on the site is recommended.
3.
4.
Frozen soils should not be used as fill or backfill.
Imported soils below slabs (if required) should conform to the following or be
approved by the Project Geotechnical Engineer:
Percent fines by weight
Gradation (ASTM C136)
6" ......................................... 100
3" ....................................... 70-100
No. 4 Sieve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50-80
No. 200 Sieve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 (max)
• Liquid Limit . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 (max)
• Plasticity Index . . . . . . . . . . . . . . . . . . . . . . . . . 15 (max)
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Placement and Compaction:
1. Place and compact fill in horizontal lifts, using equipment and procedures that
will produce recommended moisture contents and densities throughout the
lift.
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3.
No fill should be placed over frozen ground.
Materials should be compacted to the following:
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Material
Terracon
Minimum Percent
(ASTM D6981
Subgrade soils beneath fill areas . . . . . . . . . . . . . . . . . . . . . 95
On-site soils or approved imported fill:
Beneath foundations . . . . . . . . . . . . . . . . . . . . . . . . . 98
Beneath slabs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Beneath pavements . . . . . . . . . . . . . . . . . . . . . . . . . 95
Miscellaneous backfill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
4. If a well defined maximum density curve cannot be generated by impact
compaction in the laboratory for any fill type, engineered fill should be
compacted to a minimum of 80 percent relative density by determined by
ASTM D4253 D4254.
5. On-site clay soils should be compacted within a moisture content range of
optimum moisture to 3 percent above optimum below building area. On-site
clay soils below paved areas and imported granular soils should be
compacted within a moisture range of 2 percent below to 2 percent above
optimum.
• Shrinka4e: For balancing grading plans, estimated shrink or swell of soils and
bedrock when used as compacted fill following recommendations in this report are
as follows:
Material
Estimated Shrink(-) Swell ( + )
Based on ASTM D698
- On-site soils:
Clays and silts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -15 to -20%
� Sands and gravels . . . . . . . . . . . . . . . . . . . . . . . . . . . -10 to -15%
On-site bedrock materials:
Claystone-siltstone
.7
�
. . . . . . . . . . . . . . . . . . . . . . . . . . -15 to -20%
11
�
i
Geotechnical Engineering Exploration
RBD, Inc.
ELI Project No. 20955072
• Slopes:
Terracon
1. For permanent slopes in compacted fill areas, recommended maximum slope
angles of 3:1 (horizontal to vertical) for on-site materials are recommended.
If steeper slopes are required for site development, stability analyses should
be completed to design the grading plan.
2. The face of all slnpes should be compacted to the minimum specification for
fill embankments. Alternately, fill slopes can be over-built and trimmed to
compacted material.
3. For permanent slopes in cut areas, the following maximum angles are
recommended as follows:
Material
Maximum Slope
Horizontal:Vertical
,
Cohesive soils (clays and silts) . . . . . . . . . . . . . . . . . . . . . . . . . 3:1
Cohesionless soils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 %2 :1
Bedrock ........................................ 2:1
Containment pond slopes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3:1
If steeper slopes are required for site development, stability analyses should
be completed to design the grading plan.
o Comnliance: Performance of slabs-on-grade and foundations elements supported on
compacted fills or prepared subgrade depend upon compliance with "Earthwork"
recommendations. To assess compliance, observation and testing should be
performed under the direction of the geotechnical engineer.
• Excavation and Trench Construction: Excavations into the on-site soils will
encounter a variety of conditions. Excavations into the clays and bedrock can be
expected to stand on relatively steep temporary slopes during construction.
However, the granular soils may cave. The individual contractor(s) should be made
responsible for designing and constructing stable, temporary excavations as required
to maintain stability of both the excavation sides and bottom. All excavations
- should be sloped or shored in the interest of safety following local, and federal
regulations, including current OSHA excavation and trench safety standards.
12
�
�
Geotechnical Engineering Exploration
RBD, Inc.
ELI Project No. 20955072
Terracon
If any excavation, including a utility trench, is extended to a depth of more than 20
feet, it will be necessary to have the side slopes designed by a professional engineer.
The soils to be penetrated by the proposed excavations may vary significantly across
the site. The preliminary soil classifications are based solely on the materials
encountered in widely spaced exploratory test borings. The contractor should verify
that similar conditions exist throughout the proposed area of excavation. If different
subsurface conditions are encountered at the time of construction, the actual
conditions should be evaluated to determine any excavation modifications necessary
to maintain safe conditions.
As a safety measure, it is recommended that all vehicles and soil piles be kept to a
minimum lateral distance from the crest of the slope equal to no less than the slope
height. The exposed slope face should be protected against the elements.
� DrainaQe:
• Surface Draina4e:
� 1. Positive drainage should be provided during construction and maintained
throughout the life of the proposed facility. Infiltration of water into utility
or foundation excavations must be prevented during construction.
2. In areas where sidewalks or paving do not immediately adjoin the structure,
we recommend that protective slopes be provided with a minimum grade of
approximately 10 percent for at least 10 feet from perimeter walls. Backfill
against footings, exterior walls, and in utility and sprinkler line trenches
., should be well compacted and free of all construction debris to reduce the
possibility of moisture infiltration.
3. Downspouts, roof drains or scuppers should discharge into splash blocks or
extensions when the ground surface beneath such features is not protected
by exterior slabs or paving.
J
a
13
�
J
�
Geotechnical Engineering Exploration
RBD, Inc.
ELI Project No. 20955072
Terracon
Additional Desi4n and Construction Considerations:
• UnderQround Utilitv Svstems: All piping should be adequately bedded for proper load
distribution. It is suggested that clean, graded gravel compacted to 80 percent of
Relative Density ASTM D4253 be used as bedding below the pipe. Where utilities
are excavated below groundwater, temporary dewatering will be required during
excavation, pipe placement and backfilling operations for proper construction. Utility
trenches should be excavated on safe and stable slopes in accordance with OSHA
regulations as discussed above. Backfill should consist of the on-site soils or
existing bedrock. If bedrock is used, all plus 6-inch material should be removed from
it prior to its use. The pipe backfill should be compacted to a minimum of 95
percent of Standard Proctor Density ASTM D698.
• Corrosion Protection: Results of soluble sulfate testing indicate that ASTM Type I-II
Portland cement is suitable for all concrete on and below grade. Foundation
concrete should be designed in accordance with the provisions of the ACI Design
Manual, Section 318, Chapter 4.
• Entrance Roadwav: We understand that traffic on the proposed roadway will be up
to several trucks daily. On that basis, we recommend a 6-inch gravel wearing
surface. Periodic maintenance and reblading of the road will be required.
GENERAL COMMENTS
It is recommended that the Geotechnical Engineer be retained to provide a general review
of final design plans and specifications in order to confirm that grading and foundation
recommendations have been interpreted and implemented. In the event that any changes
of the proposed project are planned, the conclusions and recommendations contained in this
report should be reviewed and the report modified or supplemented as necessary.
The Geotechnical Engineer should also be retained to provide services during excavation,
grading, foundation and construction phases of the work. Observation of pier and/or
footing excavations should be performed prior to placement of reinforcing and concrete to
confirm that satisfactory bearing materials are present and is considered a necessary part
of continuing geotechnical engineering services for the project. Construction testing,
� including field and laboratory evaluation of fill, backfill, pavement materials, concrete and
steel should be performed to determine whether applicable project requirements have been
14
J
1
Geotechnical Engineering Exploration Terracon
RBD, Inc.
ELI Project No. 20955072
�
�
met. It would be logical for Empire Laboratories, Inc. to provide these additional services
for continuing from design through construction and to determine the consistency cf field
conditions with those data used in our analyses.
The analyses and recommendations in this report are based in part upon data obtained from
the field exploration. The nature and extent of variations beyond the location of test
borings may not become evident until construction. If variations then appear evident, it
may be necessary to re-evaluate the recommendations of this report.
Our professional services were performed using that degree of care and skill ordinarily
exercised, under similar circumstances, by reputable geotechnical engineers practicing in
this or similar localities. No warranty, express or implied, is made. We prepared the report
as an aid in design of the proposed project. This report is not a bidding document. Any
contractor reviewing this report must draw his own conclusions regarding site conditions
and specific construction techniques to be used on this project.
This report is for the exclusive purpose of providing geotechnical engineering and/or testing
information and recommendations. The scope of services for this project does not include,
either specifically or by implication, any environmental assessment of the site or
identification of contaminated or hazardous materials or conditions. If the owner is
concerned about the potential for such contamination, other studies should be undertaken.
15
�
l�
SCALE 1" = 60'
�Ja, 2
�.► �,� ��. �� �s
I.o�pT�v or�
� �T�a� � t�� #� Iv�.
FICTURE 1: SITE PLAN
MEADOWS SPRINGS RANCH
CARR COLORADO
ELI. PROJECT No. 20955072
�.I�
� Q. i i
� r��. � �
s�1�-i3
-�-
; -�;- �; ,.�,,�=
;,. ,;.
I.VlVJl1L1AivIJ nGJ1Gnl�,
EMPIRE LAHORATOR[ES DIVISION
�v• $
�.�
LOG OF BORING No. 1 Page 1 of 1
CLIENT ARCHITECT / ENGINEER
RBD Inc. RBD Inc.
SITE Meadows Springs Ranch PROJECT
Larimer County, Colorado City of Fort Collins - Biosol:ds Stora e Facility
SAMPLES TESTS
� ., � � �
0 0 � � o
J F- [� LL. H W C7
� DESCRIPTION � } � z� � z i-Zi i-=- w�
H tA � W � W LL C� m CA \
= S W � �(A H 0 ZZ �F-J
p_, F- fA m W O 3 (n O W W H�
¢ d U � d U F- O H >- L� U� It F- �\
� Approx. Surface Elev.: 5993.9 ft. o � z � � � m E o� ��� ¢ � �
CLAYEY SAND SC 1 SS 12" 12 5 28�`18/10
1.0 Brown, moist, loose 5992.9
SM
SILTY SAND
Tan, moist, loose
: 3.5 5990.4 2 ST 12" 5 103
-.�
:. .�-.:.
�� SW 3 SS 12" 35 4
�.•* WELL GRADED
�� � SAND WITH GRAVEL 5
_ �
�� Brown, moist, medium dense
: ��
-.�
�.:.
_ �
.�..-:.
-.�
:. .�.: �
.�:
: �
:.�:�
=,�� 4 ST 12" 18 110 580
.�
�: :
-- 5 SS 12" 9 30
-:�
�:�
�� 10
�
:. �...
= . .�
:. �.:.
_ . :�
�. �: �
=.�
:. �.:.
= . .�:
�.:.
= . �:
�: �
= . :�:
:. .�,.:.
_.�:
�.:.
- �
:. �:..
� 6 SS 12" 49 26
=.�
.d..�:
- � �r 15.0 5978.9 15
BOTTOM OF BORING
THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES
BETWEEN SOIL AND ROCK TYPES: IN-SITU, THE TRANSITION MAY BE GRADUAL.
WATER LEVEL OBSERVATIONS BORING STARTED 6-28-95
`� � None WD• t BORING COMPLETED 6-28-95
�- � r r��o r� �C' CME-55 FOREMAN Di�ij,
� APPROVED �S JOBH 2O9��072
LOG OF BORING No. 2 Page 1 of 1
CLIENT ARCHITECT / ENGINEER
RBD Inc. RBD Inc.
sjTE Meadows Springs Ranch PROJECT
Larimer County, Colorado City of Fort Collins - Biosolids Stora e Facility
SAMPLES TESTS
., J � �-
J L~i E >- � W N Z 2
H DESCRIPTION " � � w Z� = w ��
¢ d U E � U F- O H O L.t_ V� LL
� Approx. Surface Elev.: 5989.3 ft. o � z�� � m � o� ���
" " " 0.5 6" TOPSOIL 59$8.8
��
,��
LEAN CLAY WITH SAND
Brown, moist, stiff to very stiff CL 1 ST 12" 11 117 4620
� 2.5 5986.8 2 SS 12" 8 19
SILTY SAND SM
Tan, moist, loose
�� : 5.0 5984.3 5
- . �.:
�.:.
�
:. �.:.
-.�:
�.:.
�
,�. .
-.�
-�'' WELL GRADED SW 3 SS 12" 8 6
.�
�.�:
. � SAND WITH GRAVEL
: �.:
� Brown, moist, medium dense
:�.: .
�:
: �.:.
= . .e:
�:
= .-�:
.� .
_.�:
� �� 10
.�
:. �.:.
. :as
:. �:
.�
- a
� �.:.
-.�
� �.:.
.�
� �.:.
.�
. �$.:.
_ �
. �.:.
-.�
ii :.
-.�
�- � 4 SS 12" 35
�:
:_� 15.0 5974.3 15
BOTTOM OF BORING
THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES
BETWEEN SOIL AND ROCK TYPES: IN-SITU, THE TRANSITION MAY BE GRADUAL.
WATER LEVEL OBSERVATIONS BORING STARTED 6-28-95
�- � None R'�D• = BORING COMPLETED 6_2g_g�
wi' �' r� ���n ��' C1�IE-55 FOREMAN D11-IL
`� APPROVED �S JOB// 209��072
LOG OF BORING No. 3 Page 1 of 1
CLIENT ARCHITECT / ENGINEER
RBD Inc. RBD Inc.
SITE Meadows Springs Ranch PROJECT
Larimer County, Colorado City of Fort Collins - Biosolids Stora e Facility
SAMPLES TESTS
co •• � x r
0 0 � f- o
J F- m LL w H W
H DESCRIPTION " � � w Z� = w ��
_ = w � �cn � o zz
Q � U � � U HO H }L1„ 0�11.
� Appros. Surface Elev.: 5995.0 ft. o � z ►-}- � c�n m E o� � c~n �
^�" " p,s 6" TOPSOIL 5994.5
�^�^�
SANDY LEAN CLAY CL 1 ST 12" 16 105 4420
Brown, moist, stiff to very stiff
:.:.:: � 2.0 5993.0 2 SS 12" 5 I 12
�
- �
�.-:
� WELL GRADED
� SAND WITH GRAVEL
� Brown/tan, moist, medium dense
� SW 3 SS 12" 16 4
.�=
: �.:.
= . �: 5
�.:.
-.�
�. :.
-;�,: .
_ �
:�.-:.
-_ �.p Cobbles below 7 feet 5988.0
:a:=0� a
�.-�=
� ��-
a��:� 4 ss 12° 20 4s
�: 0_0
� =c�=
�o:
Q-�' �-
.�~ �. �
��-�:
�.o�-" 10
�°� o
�:.�:
� o_
q.:-: �.
�. 4._p
•�_
�o�
-°o- 0
� �-�
0 0: -.
�,:J5..
�o_�Y• D
• �.
�.o.- 5 JJ 12�� J /
a�' 15.0 5980.0
BOTTOM OF BORING 15
THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES
BETWEEN SOIL AND ROCK TYPES: IN-SITU, THE TRANSITION MAY BE GRADUAL.
WATER LEVEL OBSERVATIONS BORING STARTED 6-28-95
�- 4 None WD• = BORING COMPLETED 6-28-95
� �rr�e�n �G CME-�� FOREMAN DD'IL
� APPROVED j�j�s J�B � 2OI�JO72
LOG OF BORING No. 4 Page 1 of 1
CLIENT ARCHITECT / ENGINEER
RBD Inc. RBD Inc.
srrE Meadows Springs Ranch PROJECT
Larimer County, Colorado City of Fort Collins - Biosolids Stora e Facility
SAMPLES TESTS
� .. � � �-
0 o r F- o
J 1- f� L1. w H W
H DESCRIPTION " � � W z � ? w � � ?
= S W � i(A 1- O Z Z J tn
� F- fn C� W O 3 (n O W J tn
¢ n. (.) � a. U F- O H � LL U� LL W W L�
� Approx. Surface Elev.: 5993.0 ft. o � z � � c°�'n m E o a � cn � cn a a
""" 0.5 6" TOPSOIL 5992.5 1 SS 12" 5 22 525
��
♦ A A
1.0 CLAYEY SAND 5992.0 SC
� � Brown moist loose
�.. , ,
� WELL GRADED
� SAND WITH GRAVEL
�
� Brown, moist
-� Medium dense to dense ,
� 3.5 Cobbles below 3.5 feet 5989.5 SW 2 SS 12' 16 12
.�.j�. -.
;3.•v; 9
.,�-
�,p'.
.� 3 5
-�.��_o
� -c�=
�o:
�-(��:�-
3:Y�A
'�.
Oo.
'`o�.��} g
' .'�"
�o_.
:�.. : •.
'' �`° 3 SS 12" 38 1�
•�j:
�;
-�� o
��-Q�
a:o: ".
��� � • 10
��.�0� a
:��J`
a�.P
� _�=
�9�
� . ..
-�:�4� o
`�.��i:
�;:..
���
�„D: P
•:.�:
o ,:_ �
�.. ; -.
�:0�; 4 SS 12" 32 ( 39
.cy-
���; 15.0 5978.0
BOTTOM OF BORING 15
THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES
BE7WEEN SOIL AND ROCK TYPES: IN-SITU, THE TRANSITION MAY BE GRADUAL.
WATER LEVEL OBSERVATIONS BORING STARTED 6-28-95
M- � None WD• � BORING COMPLETED 6-28-95
�VI, � � � � � � n �CT CME-� J FOREMAN Dhij,
� APPROVED \�S IOB N 209��072
LOG OF BORING No. Jr Page 1 of 1
CLIENT ARCHITECT / ENGINEER
RBD Inc. RBD Inc.
sITE Meadows Springs Ranch PROJECT
Larimer County, Colorado City of Fort Collins - Biosolids Stora e Facility
SAMPLES TESTS
r, .� x �
J L~i. � � � W � ZS � H
c� DESCRIPTION v } � z� � z H� w�
H (n � W � W LL. fD [� fA \
= 2 W � I fA F- p Z Z � F- J
� F- (A m W O 3 N OW WH�
¢ �.. U E d U F- O H >- LL U� LL F- E\
� Approx. Surface Elev.: 6002.2 ft. o � z � � � m � � � � � � ¢ � �
""" p,g 6" TOPSOIL 6001.7 1 SS 12" 23 5
A�
♦ A A
SANDY LEAN CL 2 ST 12" 9 116 45/21/24
CLAY WITH GRAVEL
Tan, moist, medium stiff to stiff 3 SS 12" 10 1�
5
. 6.0 5996.2
CLAYEY SILTY SC 4 SS 12" 14 14
SAND WITH GRAVEL SM
� .�
Tan, moist, medium dense
10
11.0 5991.2
WEATHERED SILTSTONE
Tan/rose, moist, soft
13.0 5989.2
= SILTSTONE
= Tan/rose, moist, soft
= 5 SS 12" 38 I 42
= 15.0 5987.2 15
BOTTOM OF BORING
THE STRATIfICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES
BETWEEN SOIL AND ROCK TYPES: IN-SITU, THE TRANSITION MAY BE GRADUAL.
WATER LEVEL OBSERVATIONS BORING STARTED 6-28-9�
� S None WD• � BORING COMPLETED 6-28-95
�' ������� RIG CME-jj FOREMAN DMI.
� APPROVED j�;RS JOB M 209��072
LOG OF BORING No. 6 Page 1 of 1
CLIENT ARCHITECT / ENGINEER
RBD Inc. RBD Inc.
srrE Meadows Springs Ranch PROJECT
Larimer County, Colorado City of Fort Collins - Biosolids Stora e Facility
SAMPLES I TESTS
r, � x r
'� t~i E >- �`" w c~i� z= w
H DESCRIPTION " � � w Z� ? w �� ?
2 W � i(A I— 0 Z Z J(A
� H fA m W O 3 (A O W J!A
¢ � U E � U I-- O H � L1. U@ L� W W IL
� Approx. Surface Elev.: 5998.7 ft. o � z � � cai� m E o� � c~n � cn a�
""" 0.5 6" TOPSOIL 5998.2 1 SS 12" 8 12
��
A A A
CL 2 ST 12" I 22 94 690 105
SANDY LEAN
C'LAY WITH GRAVEL 3 SS 12" 16 I 11
Brown, moist, stiff to very stiff 5
4 SS 12" 19 I 6
10
. 10.5 5988.2
WEATHERED SILTSTONE
Tan/rose, moist, soft
13.0 5985.7
= SILTSTONE
= Tan/rose, moist, moderately hard 5 SS 12" 35 44
= 15.0 5983.7 15
BOTTOM OF BORING
TNE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES
BETUEEN SOIL AND ROCK TYPES: IN-SITU, THE TRANSITION MAY BE GRADUAL.
WATER LEVEL OBSERVATIONS BORING STARTED 6-28-95
�- � None WD• = BORING COMPLETED 6-28-95
�'I' �r����� �C' C1�TE-JJ FOREMAN DiVII..
� APPROVED �s JOBa 2OIJJO72
LOG OF BORING No. 7 Page 1 of 1
CLIENT ARCHITECT / ENGINEER
RBD Inc. RBD Inc.
sITE Meadows Springs Ranch PROJECT
Larimer County, Colorado City of Fort Collins - Biosolids Stora e Facility
SAMPLES TESTS
., J � �
J L~i E �- � W N Z S
H DESCRIPTION " � � w Z� ? w ��
� H (n m W O � 3 f~!) � O W
¢ � U E n. C� HO H �11. U�Lt.
� Approx. Surface Elev.: 5990.7 ft. w cn >>- w � � o � c� z f— cn
o � z � � cnrn E o� �cna
""" 0.5 6" TOPSOIL 5990.2 1 SS 12" 6 10
��
A A A
SANDY LEAN CL
C'LAY WITH GRAVEL
Brown, moist, medium stiff to stiff
2 ST 12" 16
� 4.0 5986.7
3 SS 12" 25 7
5 SC
SM
('LAYEY SILTY
SAND WITH GRAVEL
Tan/brown, moist
Medium dense to dense
4 SS 12" 49 4
10
11.0 5979.7
WEATHERED SILTSTONE
Tan/rose, moist, soft
13.0 5977.7
— SILTSTONE
- Tan/rose, moist, soft 5 SS 12" 44 40
= 15.0 5975.7 15
BOTTOM OF BORING
THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES
BETWEEN SOIL AND ROCK TYPES: IN-SITU, THE TRANSITION MAY BE GRADUAL.
WATER LEVEL OBSERVATIONS BORL�IG STARTED 6-28-95
�- � None �'�'•D� = BORING COMPLETED 6-28-95
�. �rr ��or� �C' CME-�� FOREMAN Dn'IL
� APPROVED �S JOBN 209��072
LOG OF BORING No. 8 Page 1 of 1
CLIENT ARCHITECT / ENGINEER
RBD Inc. RBD Inc.
SITE Meadows Springs Ranch PROJECT
Larimer County, Colorado City of Fort Collins - Biosolids Stora e Facility
SAMPLES TESTS
� ., J � �
0 0 � �- o
J 1— m LL w H W
H DESCRIPTION " N � w Z� = w ��
¢ � U � � U F-O H OLL U�L�
� Approx. Surface Elev.: 5992.9 ft. o � z� � cn aJo E o a�.. � c i�
""" p,s 6" TOPSOIL 5992.4 1 SS 12" 7 I 12
��
h A A
CL I
SANDY LEAN CLAY
Brown/gray, moist, medium stiff
2 ST 12" 9
3 SS 12" 8 18
5
: 5.5 5987.4
SM
SILTY SAND WITH GRAVEL
Tan, moist, medium dense
� g,p 5984.9
4 SS 12" 15 8
WEATHERED SILTSTONE
Tan/rose, moist, soft
10
10.5 5982.4
= SiI.TSTOI�E
— Tan/rase, moist, soft
= 5 SS 12" 38 33
= 15.0 5977.9 15
BOTTOM OF BORING
THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES
BETWEEN SOIL AND ROCK TYPES: IN-SITU, THE TRANSITION MAY BE GRADUAL.
WATER LEVEL OBSERVATIONS BORING STARTED 6-28-95
�- � None WD• = BORING COMPLETED 6-28-95
WL �r���eon �C' CME-5� FOREMAN Di�1I.
� APPROVED j�j�s JOB !{ 209��072
LOG OF BORING No. 9 Page 1 of 1
CLIENT ARCHITECT ! ENGINEER
RBD Inc. RBD Inc.
sI'I'E Nleadows Springs Ranch PROJECT
Larimer County, Colorado City of Fort Collins - Biosolids Stora e Facility
SAMPLES TESTS
�" �' o � � ~ o
0
J L~i � � � W � Z 2 W
H DESCRIPTION v >- � z� � z H� �
= 2 � W � �(A H O ZZ J�
� H fA m W O 3 (A O W J fA
¢ 0.. U � � CJ I— O H >- LL. f� � It W W L�
W fA � � W �J O �C� ZHfA 3�fA
� Appros. Surface Elev.: 5997.4 ft. o � z� � cn m E o� � cn � cn � a.
^^^ p.g 6" TOPSOIL 5996.9 1 SS 12" 7 11
��
A A A
SANDY LEAN
CLAY WITH GRAVEL CL 2 ST 12" 37 90
Brown, moist, stiff to very stiff
3 SS 12" 9 11 4�
5
4 SS 12" 13 11
10
� 12.5 5984.9
WEATHERED SILTSTONE
Tan/rose, moist, soft
5 SS 12" 21 44
15.0 5982.4 15
BOTTOM OF BORING
THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES
BETWEEN SOIL AND ROCK TYPES: IN-SITU, THE TRANSITION MAY BE GRADUAL.
WATER LEVEL OBSERVATIONS BORING STARTED 6-28-9�
�- S None �'•D• = BORI�IG COMPLETED 6-28-95
�. �rr �c�r� ��' CME-55 FOREMAN DMI.
� APPROVED j�s J�B # 2O9�JO72
LOG OF BORING No. 10 Page 1 of 1
CLIENT ARCHITECT / ENGINEER
RBD Inc. RBD Inc.
SITE Nleadows Springs Ranch PROJECT
Larimer County, Colorado City of Fort Collins - Biosolids Stora e Facility
SAMPLES TESTS
c�
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J
H DESCRIPTION v r � z� � z i-Zi � �
_ _ � W � � tA f- 0 ZZ J�
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¢ 0.. U E � U F- O H >- Lt. U� 11. W W L�
{y � (A � } W a. J O � U Z F-- tA 3�(A
� Approx. Surface Elev.: 5991.4 ft. o � z�� � C° � o°- ��n a' cn �°'
""" 0.5 6" TOPSOIL 5990.9 1 SS 12" 15 10
��
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SANDY LEAN
CLAY WITH GRAVEL
Brown, moist, stiff to very stiff CL 2 ST 12" 8 109 20
3 SS 12" 20 8
�
5
. 6.0 5985.4
WEATHERED SILTSTONE
Tan/rose, moist, soft 5983.9
7.5
= 4 SS 12" 2$ 42
= SILTSTONE 10
= Tan/rose, moist, moderately hard
= 5 SS 12" 46 38
= 15.0 5976.4 15
BOTTOM OF BORING
THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES
BETWEEN SOIL AND ROCK TYPES: IN-SITU, THE TRANSITION MAY BE GRADUAL.
WATER LEVEL OBSERVATIONS BORING STARTED 6-28-95
�- S None WD• 1 BORING COMPLETED 6-28-95
�- ��r���n �� CME-SS FORE�1.�rr DNIL
� APPROVED �S JOB # 209��072
LOG OF BORIlVG No. 11 Page 1 of 1
CLIENT ARCHITECT / ENGINEER
RBD Inc. RBD Inc.
sITE 1Vleadows Springs Ranch PROJECT
Larimer County, Colorado City of Fort Collins - Biosolids Stora e Facility
SAMPLES TESTS
., � � �-
0 0 � � o
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H DESCRIPTION " � � w z� � w i~i.c.~a
¢ � U E � U HO H �li U�LL
� O � Z F}- � �m E O� ���
� Approx. Surface Elev.: 5986.8 ft.
�^�^" 0.5 6" TOPSOIL 5986.3
CL
SANDY LEAN
CLAY WITH GRAVEL
Brown, moist, medium stiff
2,5 5984.3
BOTTOM OF BORLVG
THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES
BETWEEN SOIL AND ROCK TYPES: IN-SITU, THE TRANSITION MAY BE GRADUAL.
WATER LEVEL OBSERVATIONS BORING STARTED C_28-9j
�'I- � None WD� i BORING CONIPLETED (-25-95
� �r����� ��' C1�IE-55 FOREMAN D1�II.
� APPROVED �S JOB N 209��072
LOG OF BORING No. 12 Page 1 of 1
CLIENT ARCHITECT / ENGINEER
RBD Inc. RBD Inc.
si'TE Meadows Springs Ranch PROJECT
Larimer County, Colorado City of Fort Collins - Biosolids Stora e Facility
SAMPLES TESTS
� � o i-- � � o
0
� t~i E } �` w c~n z=
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= s � w � � cn t-=- o z z
� d U E � �U F-O H �LL �U�LL
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Approx. Surface Elev.: 5988.3 ft. o � Z� � �n m E o o- � cn �
" " " 0.5 6" TOPSOIL 5987.8
��
A A A
CL
SANDY LEAN
CLAY WITH GRAVEL
� Brown, moist, medium stiff
� 5.0 5983.3 5
WEATHERED SILTSTONE
Tan/rose, moist, soft
�,g 5980.8 1 SS 12" 32 33
— SILTSTONE
= Tan/rose, moist, moderately hard
= 9.0 5979.3
BOTTOM OF BORING
THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES
BETWEEN 50IL AND ROCK TYPES: IN-SITU, THE TRANSITION MAY BE GRADUAL.
WATER LEVEL OBSERVATIONS BORING STARTED 6-28-95
�'I- � None �'•D• 1 BORING COMPLETED 6-28-95
�. - - �rr���� �G �ME_5, Fo�� D��
� APPROVED �S JOBl� 209��072
LOG OF BORING No. 13 Page 1 of 1
CLIENT ARCHITECT / ENGINEER
RBD Inc. RBD Inc.
sITE Meadows Springs Ranch PROJECT
Larimer County, Colorado City of Fort Collins - Biosolids Stora e Facility
SAMPLES TESTS
co •, .J � �
0 0 � i-- o
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H DESCRIPTION " N � w Z� j w ��
s x w � � cn F- o z z
¢ 0.. U E � U HO H >-LL. �U�LL
� Approx. Surface Elev.: 5989.6 ft. o � z � � c°"r� m E o� � c~i� �
^ " ^ p.s 6" TOPSOIL 5989.1
��
A A A
CL
SANDY LEAN
CLAY WITH GRAVEL
Brown, moist, medium stiff
2.5 5987.1
BOTTOM OF BORING
THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES
BET4IEEN SOIL AND ROCK TYPES: IN-SITU, THE TRANSITION MAY BE GRADUAL.
WATER LEVEL OBSERVATIONS BORING STARTED 6-28-95
�- � None w•D• = BORING COMPLETED 6-28-95
�'L' � � � � �� � �C' CME-S� FOREMAN DML
� APPROVED j�s JOB !� 20N��072
LOG OF BORING No. 14 page 1 of 1
CLIENT ARCHITECT / ENGINEER
RBD Inc. RBD Inc.
SITE Nleadows Springs Ranch PROJECT
Larimer County, Colorado City of Fort Collins - Biosolids Stora e Facility
SAMPLES TESTS
c� ., � � �-
� DESCRIPTION v � � z� � z Z� w a~.
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""" 0.5 6" TOPSOIL 1 SS 12" 23 7 3-�/20/14
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CLAYEY SILTY SC
SAND WITH GRAVEL SM
Bro�vn, moist, medium dense
2 SS 12" 36 3
5.0 5
BOTTOM OF BORING
THE STRATIFICATION LINES REPRESENT THE APPROXIMATE BOUNDARY LINES
BETWEEN SOIL AND ROCK TYPES: IN-SITU, THE TRANSITION MAY BE GRADUAL.
WATER LEVEL OBSERVATIONS BORING STARTED 6-28-9�
�- � None a'•D• 1 BORING COMPLETED 6-28-95
� �rr �c�n �C' CME-55 FOREMAN Dy�,
� APPROVED �s JOBN 2Q9jjO72
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APPLIED PRESSURE, TSF
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and
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Classification
Sandy Lean Clay
DD MC`%
112 12
PROJECT City of Fort Collins - Biosolids Storage JOB NO. 20955072
Facility - Meado�vs Sprin�s Ranch DATE 7/17/95
CONSOLIDATION TEST
TERRACON
Consultants Western,Inc.
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APPLIED PRESSURE, TSF
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Classification
Sandy Lean Clay
PROJECT City of Fort Collins - Biosolids Storage JOB NO.
Facilitv - Meadows Sprin�s Ranch DATE
CONSOLIDATION TEST
TERRACON
Consultants Westem,Inc.
DD MC`7o
112 12
7/17/95
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Classiiication
Sandy Lean Clay
PROJECT rity of Fort Collins - Biosolids Storage
Facilitv - Meado�vs Snrings Ranch
CONSOLIDATION TEST
TERRACON
Consultants Westem,Inc.
JOB NO.
DATE
DD I MC%
102 I 20
7/17/95
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APPLIED PRESSURE, TSF
and depth (Ft.) � Classification � DD � MC90
3 0.5 � Sandy Lean Clay � 102 � 20
PROJECT City_.of Fort Collins - Biosolids Storage JOB NO. zU955u�:
Facilitv - Meadows Sprin�s Ranch DATE 7/17/95
CONSOLIDATION TEST
TERRACON
Consultants Western,Inc.
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APPLIED PRESSURE, TSF
and depth (Ft.)
3.0
Classification
Sandy Lean Clay
DD I MC`Io
114 I 14
PROJECT City of Fort Collins - Biosolids Storage JOB NO. 20955072
Facility - Meadows Sprin�s Ranch DATE 7/17/95 _
CONSOLIDATION TEST
TERRACON
Consultants Western,Inc.
0.44£
0.44f
0.444
0.442
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APPLIED PRESSURE, TSF
Boring and depth (Ft.)
i 8 3.0
Classification
Sandy Lean Clay
DD MC%
114 14
PROJECT CitX of Fort Collins - Biosolids Storage JOB NO.
Facilitv - Meado�vs Sprin�s Ranch DATE
CONSOLIDATION TEST
TERRACON
Consultants Westem,Inc.
7/17/95
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DRILLIIVG AND EXPLORATION
DRILLING & SAMPLING SYMBOLS:
R: Ring Barrell - 2.42" I.D., 3" O.D., unless otherwise noted
SS : Split Spoon - 1s/s" I.D., 2" O.D., unless otherwise noted
ST : Thin-Walled Tube - 2" O.D., unless otherwise noted
PA : Power Auger
HA : Hand Auger
DB : Diamond Bit = 4", N, B
AS : Auger Sample
HS : Hollow Stem Auger
PS : Piston Sample
WS : Wash Sample
FT : Fish Tail Bit
RB : Rock Bit
BS : Bulk Sample
PM : Pressure Meter
DC : Dutch Cone
WB : Wash Bore
Penetration Test: Blows per foot of a 140 pound hammer falling 30 inches on a 2-inch O.D. split spoon, except where
noted.
WATER LEVEL MEASUREMEiVT SYMBOLS:
WL : Water Level
WCI : Wet Cave in
DCI : Dry Cave in
AB : After Boring
WS : While Sampling
WD : While Drilling
BCR : Before Casing Removal
ACR : After Casting Removal
Water levels indicated on the boring logs are the levels measured in the borings at the time indicated. In pervious soils,
the indicated levels may reflect the location of groundwater. In low permeability soils, the accurate determination of
groundwater levels is not possible with only short term observations.
DESCRIPTIVE SOIL CLASSIFICATION:
Soil Classification is based on the Unified Soil Classification system and the ASTM Designations D-2487 and D-2488.
Coarse Grained Soils have more than 50% of their dry weight retained on a#200 sieve; they are described as: boulders,
cobbles, gravel or sand. Fine Grained Soils have less than 50% of their dry weight retained on a#200 sieve; they are
described as: clays, if they are plastic, and silts if they are slightly plastic or non-plastic. Major constituents may be
added as modifiers and minor constituents may be added according to the relative proportions based on grain size. In
addition to gradation, coarse grained soils are defined on the basis of their relative in-place density and fine grained soils
on the basis of their consistency. Example: Lean clay with sand, trace gravel, stiff (CLI; silty sand, trace gravel, medium
dense (SM1.
CONSISTENCY OF FINE-GRAINED SOILS:
Unconfined Compressive
Strength, Qu, psf Consistency
< 500 Very Soft
500 - 1,000 Soft
1,001 - 2,000 Medium
2,001 - 4,000 Stiff
4,001 - 8,000 Very Stiff
8,001 -16,000 Very Hard
RELATIVE DENSITY OF
COARSE-GRAINED SOILS:
N-8lows/ft. Relative Density
0-3 Very Loose
4-9 Loose
10-29 Medium Dense
30-49 Dense
50-80 Very Dense
80+ Extremely Dense
RELATIVE PROPORTIONS OF
SAND AND GRAVEL
Descriptive Termis)
(of Components Also Percent of
Present in Sample) Dry Weight
Trace < 15
With 15 - 29
Modifier > 30
RELATIVE PROPORTIONS OF FINES
Descriptive Term(sl
(of Components Also Percent of
Present in Samplel Dry Weight
Trace < 5
With 5 - 12
Modifier > 12
GRAIN SIZE TERMINOLOGY
Major Component
of Sample Size Range
Boulders Over 12 in. 1300mm)
Cobbles 12 in. to 3 in.
Gravel
Sand
Silt or Clay
(300mm to 75mm)
3 in. to #4 sieve
(75mm to 4.75mm)
#4 to #200 sieve
(4.75mm to 0.075mm)
Passing #200 Sieve
(0.075mm)
Eanpire Laboratories, Inc.
A Division of The Terracon Companies, Inc.
UNIFIED SOIL CLASSIFICATION SYSTEM
Criteria for Assigning Group Symbois and Group Names Using Laboretory Test�
Coarse-Grained Gravels more than
Soils more than 50% of coarse
50°k retained on fraction retained on
No. 200 sieve No. 4 sieve
Sands 50°� or more
of coarse fraction
passes No. 4 sieve
Fine-Grained Soiis Siits and Clays
50°% or more Liquid limit less
passes the than 50
No. 200 sieve
Silts and Clays
Liquid limit 50
or more
Clean Gravels Less
than 5°� fines� Cu > 4 and 1< Cc <3E
Cu < 4 and/or 1> Cc > 3E
Gravels with Fines
more than 12% fines� Fines classify as ML or MH
Fines classify as CL or CH
Clean Sands Less Cu > 6 and 1< Cc < 3E
than 5% finesE
Cu < 6 and/or 1> Cc > 3E
Sands with Fines Fines classify as ML or MH
more than 12% fines°
Fines Classify as CL or CH
inorganic PI > 7 and plots on or above "A line'
PI < 4 or plots below "A" tine'
organic Liquid limit - oven dried
< OJ5
Liquid limit - not dried
inorganic PI plots on or above "A" fine
PI lots below "A" line
organic Liquid limit - oven dried
< 0.75
Liquid limit - not dried
Highly organic soils Prim
ABased on the material passing the 3-in.
(75-mm) sieve
Blf field sample contained cobbles or
boulders, or both, add "with cobbles or
boulders, or both" to group name.
�Gravels with 5 to 12% fines require dual
symbols:
GW-GM well-graded gravel with silt
GW-GC well-graded gravel with clay
GP-GM poorly graded gravel with silt
GP-GC poorly graded gravel with clay
°Sands with 5 to 12% fines require dual
symbols:
SW-SM well-graded sand with silt
SW-SC well-graded sand with clay
SP-SM poorly graded sand with silt
SP-SC poorly graded sand with clay
6U
'y�
a
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i
� 30
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U
yd 20
n]
0.
t0
7
4
0
0
Group
GW
GP
GM
GC
SW
SP
SM
SC
CL
ML
OL
CH
MH
•I�]
Soil Classification
Group Name°
Well-graded gravelF
Silty gravel,G,H
Ciayey gravelF.�."
Well-graded sand'
Poorlv araded sand'
Silty sand�.".'
Clayey sand�•"•'
Lean clay'�`�'"
SIItK,L,M
Organic ciayK,�"'�"
Organic silt",`�"'.o
Fat clayK�,'"
Elastic Silt�4"'
Organic clay'�`�"•°
Organic silt"•'�"'.°
� organic matter, dark in color, and organic odor PT Peat
s�`D�o�Dio Cc = iDso) a
Dla x D�a
Flf soil contains > 15% sand, add "with
sand" to group name.
�If fines classify as CL-ML, use dual symbol
GC-GM, or SC-SM.
"If fines are organic, add "with organic fines"
to group name.
'If soil contains > 15% gravel, add "with
gravel" to group name.
'If Atterberg limits plot in shaded area, soil is
a CL-ML, silty clay.
1D 16 20 JD
Klf soil contains 15 to 29% plus No. 200, add
"with sand" or "with gravel", whichever is
predominant.
`If soil contains > 30% plus No. 200
predominantly sand, add "sandy" to group
name.
"'If soil contains > 30% plus No. 200,
predominantly gravel, add "gravelly" to group
name.
"PI > 4 and plots on or above "A" line.
°PI < 4 or plots below "A" line.
PPI plots on or above "A" line.
°PI plots below "A" line.
{p SO 60 70 EO 90 100 11C
LIQUID LIMIT (LL)
Empire Laboratories, Inc.
—�— A Division of The Ter�acon Companies, Inc.
ROCK CLASSIFiCAT10N
(Based on ASTM C-294)
Sedimentary Rocics
Sedimentary rocks are stratified materials laid down by water or wind. The sediments may be
composed of particles of pre-existing rocks derived by mechanical weathering, evaporation or by
chemical or organic origin. The sediments are usually indurated by cementation or compaction.
Chert Very fine-grained siliceous rock composed of micro-crystalline or crypto-
crystalline quartz, chalcedony or opal. Chert is various colored, porous to
dense, hard and has a conchoidal to splintery fracture.
Claystone Fine-grained rock composed of or derived by erosion of silts and clays or any
rock containing cfay. Soft massive; gray, black, brown, reddish or green and
may contain carbonate minerals.
Conglomerate Rock consisting of a considerable amount of rounded gravel, sand and cobbles
with or without interstitial or cementing material. The cementing or interstitial
material may be quartz, opal, calcite, dolomite, clay, iron oxides or other
materials.
Dolomite A fine-grained carbonate rock consisting of the mineral dolomite [CaMg
(CO3)2]. May contain noncarbonate impurities such as quartz, chert, clay
minerals, organic matter, gypsum and sulfides. Reacts with hydrochloric acid
(HCL).
Limestone A fine-grained carbonate rock consisting of the mineral calcite (CaCo3). May
contain noncarbonate impurities such as quartz, chert, clay minerals, organic
matter, gypsum and sulfides. Reacts with hydrochloric acid (HCL).
Sandstone Rock consisting of particles of sand with or without interstitial and cementing
materials. The cementing or interstitial material may be quartz, opal, calcite,
dolomite, clay, iron oxides or other material.
Shale Fine-grained rock composed of, or derived by erosion of silts and clays or any
rock containing clay. Shale is hard, platy, or fissile may be gray, black,
reddish or green and may contain some carbonate minerals (calcareous shale).
Siltstone Fine grained rock composed of, or derived by erosion of silts or rock
containing silt. Siltstones consist predominantly of silt sized particles (0.0625
to 0.002 mm in diameter) and are intermediate rocks between claystones and
sandstones, may be gray, black, brown, reddish or green and may contain
carbonate minerals.
Empi�e Laboratories, Inc.
A Division of The Terracon Companies, Inc.
LABORATORY TESTS
SIGNIFICANCE AND PURPOSE
TEST
Ca/ifomia
Bearing
Ratio
Conso/idation
Direct
Sheai
Dry
Density
Expansion
Gradation
SIGNIFICANCE
PURPOSE
Used to evaluate the potential strength of subgrade soil, subbase,
and base course material, including recycled materials for use in
road and airfield pavements.
Used to develop an estimate of both the rate and amount of both
differential and total settlement of a structure.
Used to determine the consolidated drained shear strength of soil
or rock.
Used to determine the in-place density of natural, inorganic, fine-
grained soils.
Used to measure the expansive potential of fine-grained soil and to
provide a basis for swell potential classification.
Used for the quantitative determination of the distribution of
particle sizes in soil.
Liquid & Used as an integral part of engineering classification systems to
P/astic Limit, characterize the fine-grained fraction of soils, and to specify the
P/asticify /ndex fine-grained fraction of construction materials.
Oxidation-
Reduction
Potenda/
Permeability
PH
Resistivity
R-Va/ue
Solub/e
Su/phate
Used to determine the tendency of the soil to donate or accept
electrons through a change of the oxidation state within the soil
Used to determine the capacity of soil or rock to conduct a liquid
or gas.
Used to determine the degree of acidity or alkalinity of a soil.
Used to indicate the relative ability of a soil medium to carry
electrical currents.
Used to evaluate the potential strength of subgrade soil, subbase,
and base course material, including recycled materials for use in
road and airfield pavements.
Used to determine the quantitative amount of soluble sulfates
within a soil mass.
Su/fide Content I Used to determine the quantitative amounts of sulfides within a
soil mass.
Unconfined To obtain the approximate compressive strength of soils that
Compression Possess sufficient cohesion to permit testing in the unconfined
state.
Water I Used to determine the quantitative amount of water in a soil mass.
Content
Pavement
Thickness
Design
Foundation
Design
Bearing Capacity,
Foundation Design &
Slope Stability
Index Property
Soil 8ehavior
Foundation & Slab
Design
S�il
Classification
Soil
Classification
Corrosion
Potential
Groundwater
Flow Analysis
Corrosion
Potential
Corrosion
Potential
Pavement
Thickness
Design
Corrosion
Potential
Corrosion
Potential
Bearing Capacity
Analysis for
Foundations
Index Property
Soil Behavior
Empire Laboratories, Inc.
A Division of The Terracon Companies, Inc.
REPORT TERMINOLOGY
(Based on ASTM D653)
A//owab/e SoiJ The recommended maximum contact stress developed at the interface of the
Bearing Capacity foundation element and the supporting material.
A//uvium
Aggrega te Base
Cou�se
Backfi//
Soil, the constituents of which have been transported in suspension by flowing
water and subsequently deposited by sedimentation.
A layer of specified material placed on a subgrade or subbase usually beneath
slabs or pavements.
A specified material placed and compacted in a confined area.
Bediock A natural aggregate of mineral grains connected by strong and permanent
cohesive forces. Usually requires drilling, wedging, blasting or other methods of
extraordinary force for excavation.
Bench A horizontal surface in a sloped deposit.
Caisson (Dri!/ed piei A concrete foundation element cast in a circular excavation which may have an
or Shaftl enlarged base. Sometimes referred to as a cast-in-place pier or drilled shaft.
Coefficient of
Friction
Co//uvium
Compaction
Conciete S/ab-on-
Grade
Diffeientia/
Movement
Earth Pressuie
ESAL
Engineeied Fi//
A constant proportionality factor relating normal stress and the corresponding
shear stress at which sliding starts between the two surfaces.
Soil, the constituents of which have been deposited chiefly by gravity such as
at the foot of a slope or cliff.
The densification of a soil by means of inechanical manipulation.
A concrete surface layer cast directly upon a base, subbase or subgrade, and
typically used as a floor system.
Unequal settlement or heave between, or within foundation elements of a
structure.
The pressure or force exerted by soil on any boundary such as a foundation
wall.
Equivalent Single Axle Load, a criteria used to convert traffic to a uniform
standard, (18,000 pound axle loadsl.
Specified material placed and compacted to specified density and/or moisture
conditions under observations of a representative of a geotechnical engineer.
Equiva/ent Fluid A hypothetical fluid having a unit weight such that it will produce a pressure
against a lateral support presumed to be equivalent to that produced by the
actual soil. This simplified approach is valid only when deformation conditions
are such that the pressure increases linearly with depth and the wall friction is
neglected.
Existing Fi// (or
man-made fil/)
Existing Grade
Materials deposited through the action of man prior to exploration of the site.
The ground surface at the time of field exploration.
Ernpire Laborato�ies, Inc.
A Division of The Terracon Companies, Inc.
REPORT TERIVIINOLOGY
(Based on ASTM D653)
Expansive Potentia/
Finished Grade
Footing
Foundation
Frost Depth
Grade Beam
Groundwater
Hea ve
Lithologic
Native Giade
Native Soi/
Optimum Moistuie
Content
The potential of a soil to expand (increase in volume) due to absorption of
moisture.
The final grade created as a part of the project.
A portion of the foundation of a structure that transmits loads directly to the
soil.
The lower part of a structure that transmits the loads to the soil or bedrock.
The depth of which the ground becomes frozen during the winter season.
A foundation element or wall, typically constructed of reinforced concrete,
used to span between other foundation elements such as drilled piers.
Subsurface water found in the zone of saturation of soils, or within fractures
in bedrock.
Upward movement.
The characteristics which describe the composition and texture of soil and
rock by observation.
The naturally occuring ground surface.
Naturally occurring on-site soil, sometimes referred to as natural soil.
The water content at which a soil can be compacted to a maximum dry unit
weight by a given compactive effort.
Perched Watei Groundwater, usually of limited area maintained above a normal water
elevation by the presence of an intervening relatively impervious continuing
stratum.
Scaiify
Sett/ement
Skin Friction (Side
Shea�l
To mechanically loosen soil or break down existing soil structure.
Downward movement.
The frictional resistance developed between soil and an element of structure
such as a drilled pier or shaft.
Soi/ (earth) Sediments or other unconsolidated accumulations of solid particles produced
by the physical and chemical disintegration of rocks, and which may or may
not contain organic matter.
Strain
Stress
Stiip
Subbase
Subgrade
The change in length per unit of length in a given direction.
The force per unit area acting within a soil mass.
To remove from present location.
A layer of specified material in a pavement system between the subgrade and
base course.
The soil prepared and compacted to support a structure, slab or pavement
system.
Empire Laboratories, Inc.
A Division of The Terracon Companies, Inc.