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HomeMy WebLinkAboutRFP - 10107 On-Call Coating and Lining Services City of Financial Services Purchasing Division Fort Collins Fort Box 580 Collins,CO 80522 loor 970.221.6775 Pu rchasi ng 970.221.6707 fcgov.com/purchasing REQUEST FOR PROPOSAL RFP 10107 ON-CALL COATING AND LINING SERVICES RFP DUE: 3:00 PM MT (Mountain Time), February 24, 2025 The City of Fort Collins (City) is requesting proposals from qualified Service Providers to provide coating and lining services on an as-needed basis for the City's Water Reclamation Facilities. The City intends to award Agreements to multiple qualified Service Providers under this Request for Proposal (RFP). This RFP will be used as the basis for awarded Service Providers to be included in a pool of Service Providers qualified to be awarded or bid on City projects as they are identified. Rocky Mountain E-Purchasing System hosted by BidNet As part of the City's commitment to sustainability, proposals must be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city- of-fort-collins. Note:please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Date and Time will not be accepted by RMEPS. A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. All questions should be submitted, in writing via email, to JD McCune, Senior Buyer at jmccune@fcgov.com, no later than 3:00 PM MT on February 12, 2025. Please format your e-mail to include: RFP 10107 On-Call Coating and Lining Services 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 the Rocky Mountain E-Purchasing System webpage. Prohibition of Unlawful Discrimination: The City of Fort Collins, 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, hereby notifies all bidders that it will affirmatively ensure that any Agreement entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not 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 Service Providers to comply with the City's policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement RFP 10107 On-Call Coating and Lining Services Page 1 of 14 applies to all third-party Service Providers and their subcontractors/subconsultants at every tier. Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. ("CORA"). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Service Providers may submit one (1) additional complete proposal clearly marked "FOR PUBLIC VIEWING." In this version of the proposal, Service Providers may redact text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the "FOR PUBLIC VIEWING" version of the proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant's proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets, confidential commercial information and financial data information may not be disclosed by the City. Proposals may not be marked "Confidential" or `Proprietary' in their entirety. By responding to this RFP, Service Providers hereby waives any and all claims for damages against the City for the City's good faith compliance with CORA. All provisions and pricing of any Agreement resulting from this request for proposal will be public information. Service Providers Registration: The City requires new Service Providers receiving awards from the City to submit IRS form W-9 and requires all Service Providers 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.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit these documents with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. The City may waive the requirement to participate in Direct Deposit (Electronic) payments at its sole discretion. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. The selected Service Provider shall be required to sign the City's Agreement prior to commencing RFP 10107 On-Call Coating and Lining Services Page 2 of 14 services (see sample attached to this document). Sincerely, ` 1 Gerry Paul Purchasing Director RFP 10107 On-Call Coating and Lining Services Page 3 of 14 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins (City) is requesting proposals from qualified Service Providers to provide coating and lining services on an as-needed basis for the City's Water reclamation facilities. These facilities include the Drake Water Reclamation Facility (DWRF) and the Mulberry Water Reclamation Facility (MWRF). The City expects the awarded Service Provider(s) to provide a range of services and project support related to the coating and lining of concrete, steel, and ductile iron infrastructure and equipment. Services will include but are not limited to coatings for anaerobic digester lids, process air piping, process piping, and carbon steel tanks; linings for a 54-inch sanitary sewer concrete pipe. The primary goal of the services is to protect concrete, steel, and ductile iron and extend the useful life of the reclamation facilities infrastructure and equipment. B. Background DWRF is the City's largest water reclamation facility providing a treatment capacity of up to 23 MGD. The original facility was constructed in 1968 with significant improvements completed in 1986, 1992, and 2014. Liquid stream treatment processes include influent pumping, screening, grit removal, primary clarifies, A20 activated sludge secondary treatment, final clarification, and UV disinfection. The solids treatment process consists of dissolved air flotation thickening (DAFT), anaerobic digestion, and dewatering centrifuges. Biogas from the digesters is used to fuel two boilers that provide hot water for digester and building heat. DWRF has four anaerobic digesters (611, 612, 613, and 614) which assist in sludge and secondary treatment. Typically, three digesters are operational while the fourth is down for cleaning or other work. Digester 612 is currently out of service and in need of blasting and recoating before being put back in service. MWRF is the smaller of the City's two water reclamation facilities, with a rated hydraulic capacity of 6 MGD. The facility and the influent sewer mains were constructed in 1948 with major rehabilitation and improvement projects completed in 1995 and 2008. All solids from MWRF are treated at DWRF. RFP 10107 On-Call Coating and Lining Services Page 4 of 14 II. SCOPE OF PROPOSAL A. Scope of Services The Scope of Services includes blasting, coating and lining application projects related to concrete and steel infrastructure within a municipal wastewater environment. Infrastructure includes wastewater treatment basins, clarifiers, pipes, vaults, wet wells, digesters, containers, outfalls, handrails, structural steel, and related accessories, exposed process piping, pipe supports, and miscellaneous appurtenances. Includes sanitary sewer pipelines, manholes, site piping, process air piping, and other water reclamation associated facilities. Future Services will require qualifications, specifications, and standards as defined by Society for Protective Coatings formerly the Steel Structures Painting Council (SSPC), National Association of Corrosion Engineers (NACE), and Association for Materials Protection and Performance (AAMP) where applicable. At a minimum, Service Providers shall have a SSPC QP-1 Field Coating Application Certification and NACE Level 1 Coatings Inspector Certification to qualify for award under this RFP. Environments for coating and lining applications may include: 1. Above Ground / Outdoors / Non-Immersed 2. Above Ground / Outdoors / Immersed or Intermittently Immersed 3. Above Ground / Indoors or In-tank/ Non-Immersed 4. Above Ground / Indoors or In-tank/ Immersed or Intermittently Immersed 5. Buried / Exterior application 6. Buried / Interior application The City's intent is to streamline the award of individual projects by utilizing awards from this RFP; however, this does not eliminate the right for the City to use an informal or formal bid process on specific projects when the City's deems it is in its best interest to do so. The City expects quality work meeting or exceeding minimum industry and health and safety standards. Needed services during the Agreement period will be requested through issuance of Work Orders. There is no guaranteed minimum amount of services to be awarded as a result of this RFP. B. Sample Scope of Services The following is an example scope of services required for an anaerobic digester lid coating replacement project anticipated to be part of a work order under this RFP. This list is an example and not intended to be all inclusive of the complete scope required. 1. Abrasive blast cleaning, removal of all existing coating systems, removal of all coating debris, and applying a new coating an existing steel anaerobic digester lid interior 2. Surface Preparation: Blasting to SSPC SP10 standard (near-white): removal of all visible oil, grease, soil, dust, mill scale, rust, paint, oxides, corrosion products, and other foreign matter, except that staining shall be limited to no more than five percent (5%) of each square inch of surface area 3. Scaffolding demobilization and removal 4. Protective coatings appropriate for wastewater environments including a system of RFP 10107 On-Call Coating and Lining Services Page 5 of 14 primer, intermediate layer, and top coat 5. Furnish inspection devices for black light lamp testing, detection of holidays, and measurement of dry film thicknesses of coatings. Service Providers will be expected to include the following general scope of work for most future projects: 1. Furnish all materials, equipment, supplies, and appurtenances; provide all construction equipment and tools; and perform all necessary labor and supervision. 2. Coordinate the progress of the Work including coordination between trades, subcontractors, and suppliers 3. Service Provider shall require the protective coating manufacturer to furnish a qualified technical representative to visit the site for technical support as may be necessary to resolve field problems. The manufacturer's technical representative shall attend any pre-construction conferences and one hold point conference. One hold point (a mandatory verification point beyond which work cannot proceed without approval) is anticipated for this project. 4. Warranty inspection shall be conducted by the City during the eleventh month and twenty-third month following Substantial Completion. Service Provider shall be present at inspection. 5. Additional services to be determined during the process C. Service Provider Requirements 1. At least ten (10) years' experience in applying coating systems for wastewater systems 2. Successful completion of at least 6 similar projects per year for the last three (3) years, eighteen (18) total projects minimum, that include coating application for elements in submerged or corrosive environments. 3. Proof of SSPC QP-1 Certification 4. Proof of NACE Level 1 Coatings Inspector Certification D. Anticipated Schedule The following represents the City's target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • RFP issuance: January 30, 2025 • Question deadline: 3:00 PM MT on February 12, 2025 • Final Addendum Issued: February 18, 2025 • Proposal due date: 3:00 PM MT on February 24, 2025 E. Interviews In addition to submitting a written proposal, the top-rated Service Providers may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company, approach to the project(s) and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. Instead of traditional in-person interviews for the optional interview session, the City may opt to use alternate methods including, but not limited to remote interviews through a RFP 10107 On-Call Coating and Lining Services Page 6 of 14 platform such as Microsoft Teams or Zoom. F. Subcontractors/Subconsultants Service Provider will be responsible for identifying any subcontractors and/or subconsultants in their proposal. Please note that the City will contract solely with the awarded Service Provider; therefore, subcontractors and/or subconsultants will be the responsibility of the Service Provider. G. Current standards All work and/or materials must meet current standards in force by recognized technical and professional societies, trade and materials supply associations, institutes and organizations, bureaus and testing laboratories, and national, federal, state, county, and local laws, codes and ordinances. All Work shall be performed in accordance with applicable American National Standards Institute (ANSI), Occupational Safety and Health Administration (OSHA), or American Water Works Association (AWWA) standards. 1. The City's Development Construction Standards shall be followed for all projects. The standards can be accessed via the following link: https://www.fcgov.com/utilities/imq/site specific/uploads/water wastewater cons truction standards.pdf?1551818062. 2. In Addition, Service Providers must adhere to the following: Drake Water Reclamation Facility EMS Guide for Contractors, attached hereto as Exhibit A and incorporated by this reference. 3. The Service Provider shall abide by the City of Fort Collins "Dust Control and Prevention Manual," which is available for public download at https:Hwww. fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated hereto by this reference. The City has implemented this manual for all projects performed for the City or located within the City of Fort Collins city limits. Lack of compliance with the above is grounds for cancellation of any Work Orders, Purchase Orders, or Agreements. H. Fees, Licenses, Permits The successful Service Provider 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. I. Laws and Regulations The Service Provider 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). J. Work Orders The awarded Service Provider(s) will be required to sign the City's Work Order Type Agreement, a sample of which is attached as Section VI for reference purposes. In the RFP 10107 On-Call Coating and Lining Services Page 7 of 14 event that the City has agreements with multiple Service Providers for the Work, the City reserves the right to request proposals for individual Work Order assignments from the awarded Service Providers or assign Work Orders directly to a Service Provider at its sole discretion. Selection for individual Work Orders may be based on, but not limited to, availability, approach, prior experience, firm capability, and cost. Individual Work assignments will be requested and agreed to utilizing the City's Work Order(included in the Agreement). Each Work Order must include a start and completion date, total cost and a Scope of Work. Subsequent supporting documentation pages may include a project schedule, deliverables, hours, cost detail supporting total cost, and personnel details. Fees outlined in the Work Order will conform with those stated in the Agreement. No Work Order will be considered valid until signed, at a minimum, by the Service Provider, project manager and Purchasing Department representative. Depending on the cost and nature of the Work, additional signature authorization may be required. Any changes to the dates, cost or scope of any Work Order must be agreed upon in writing utilizing the City's Change Order (included in the Agreement) and will not be considered valid until signed, at a minimum, by the Service Provider, project manager and Purchasing Department representative. K. Invoicing and Payment Invoices should be emailed monthly to invoices(cDfcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Service Provider each month following the submittal of a correct invoice by the Service Provider indicating the project name, Purchase Order number, task description, hours worked, personnel/work type category, hourly rate for each employee/work type category, date of the work performed specific to the task, percentage of that work that has been completed by task, 3rd party supporting documentation with the same detail and a brief progress report. Payments will be made using the prices stated in the Work Order and Agreement. In the event a service is requested which is not stated in the Work Order and/or Agreement, the Service Provider and the City will negotiate an appropriate unit price for the service prior to the Service Provider initiating such work. The City pays invoices on Net 30 terms. L. Standards of Conduct The successful Service Provider(s) 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 Service Provider(s) 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. RFP 10107 On-Call Coating and Lining Services Page 8 of 14 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 Service Provider(s) working for the City shall present a clean and neat appearance. Prior to performing any work for the City, Service Provider(s) shall require each of their employees to wear ID badges or uniforms identifying: Service Provider 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. M. 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 Safety and Risk Management Department. The Service Provider shall immediately contact the Project Manager when damage to an underground facility is identified. If a natural or propane gas line is damaged, the Service Provider must call 911 prior to notifying the City Representative. The Service Provider shall not backfill around the underground utility line until the Project Manager has repaired the damage and has given clearance to backfill. The City will not pay the Service Provider 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 Master Agreement. N. Safety Practices, Safety Documentation and Training Service Provider(s) 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. Service Provider(s) shall adopt the Utility's minimum safety standards as the baseline requirements. O. Unsatisfactory Operations Should it be necessary to halt the work because of incorrect or unsatisfactory operations under the terms of the awarded Agreement or because of failure to follow safety standards applicable hereto, the Service Provider 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 be required to protect the site or make the repair or correction, the cost of such work shall be deducted from payment due the Service Provider. RFP 10107 On-Call Coating and Lining Services Page 9 of 14 III. PROPOSAL SUBMITTAL Please limit the total length of your proposal to a maximum of twenty-five (25)8 '/2 x 11" pages (excluding cover pages, table of contents, dividers, Acknowledgement form, Resumes). Font shall be a minimum of 10 Arial and margins are limited to no less than .5" for sides and top/bottom. Extended page sizes, such as 11" x 17", count as a single page and may be used for detailed pricing. Links to other files or websites shall not be permitted. Proposals that do not conform to these requirements may be rejected. Service Providers are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Service Providers propose to provide and shall be incorporated in the award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non- responsive and subject to rejection. Responses must include all the items in the order listed below. It is suggested that the Service Providers include each of the City's questions with their response. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Service Provider Information 1. Describe the Service Provider's business and background to include an overview of services offered, number of years in business, ownership details, size of the firm, and Location(s) of offices. If multiple, please identify which will be the primary for our account. 2. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). B. Scope of Proposal 1. Include a list of equipment available for use on City projects. 2. Describe the methods and timeline of communication the Service Provider will use with the City's Project Manager and other parties. 3. Describe the way in which the Service Provider develops and maintains project schedules for projects. Please also address how the Service Provider works to overcome challenges. 4. Identify what portion of work and/or coating environments, if any, may be subcontracted or outsourced to subconsultants. Include all applicable information herein requested for each Service Provider. C. Firm Capability and Assigned Personnel Provide relevant information regarding previous experience related to this or similar projects, to include the following: 1. Demonstrate at least ten (10) years' experience in applying coating systems for wastewater systems and shall be able to demonstrate successful completion of at least 6 similar projects per year for the last three (3) years, eighteen (18) total projects minimum, that include coating application for elements in submerged or corrosive environments. 2. Provide a list of available firmwide project foreman who are able to demonstrate at RFP 10107 On-Call Coating and Lining Services Page 10 of 14 least ten (10) years' experience in applying coating systems for wastewater systems 3. Provide an example written quality control plan. Service Provider shall provide a sample of a completed written application procedure plan and quality management and control plan for removal of existing coating and application of the new coating system for a wastewater treatment facility project. Digester lid coating replacement project example preferred. 4. Provide five (5) references for wastewater treatment facility projects including name, address, and telephone number for the owner of each installation for which the Service Provider provided the protective coating. 5. Proof of SSPC QP-1 Field Coating Application Certification 6. Proof of NACE Level 1 Coatings Inspector Certification 7. If any other certifications are held, please provide proof of those as well 8. Provide any information that distinguishes Service Provider from its competition and any additional information applicable to this RFP that might be valuable in assessing Service Provider's proposal. D. Pricing In your response to this proposal, please provide the following: 1. Schedule of Rates: Provide a schedule of billing rates by category of employee and job title to be used during the term of the Agreement. This fee schedule will be firm for at least one (1) year from the date of the Agreement. A fee schedule for subconsultants/subcontractors, if used, shall be included. 2. Equipment list and rates. E. Sample Agreement Included with this request for proposals is a sample Agreement that the City intends to use for obtaining the services of the Service Provider. The Service Provider is required to review this Agreement and indicate any objections to the terms of the Agreement. If revisions to the contractual terms are requested, provide suggested revisions. F. Safety Service Providers safety record will be evaluated by the evaluation team as an element of determining whether the Service Provider is responsible. Service Providers 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 an award at the City's sole discretion. Service Providers shall complete the attached Contractor Safety Form, attached hereto as Exhibit B and incorporated by this reference. G. Acknowledgement The Acknowledgement form is attached as Section V. Complete the attached form indicating the Service Provider hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that the Service Provider has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. RFP 10107 On-Call Coating and Lining Services Page 11 of 14 IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Service Providers will be evaluated on the following criteria. This set of criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top-rated Service Providers may be conducted. The rating scale shall be from 1 to 10, a rating of 1 doesn't meet minimum requirements, a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds minimum requirements in that category. CRITERIA WEIGHTING FACTOR NUMBER CRITERIA 1 SERVICE PROVIDER CAPABILITY AND 65% EXPERIENCE 2 COST 20% 3 SCOPE OF PROPOSAL 15% RFP 10107 On-Call Coating and Lining Services Page 12 of 14 V. ACKNOWLEDGEMENT This form may not be redlined and must be submitted with your proposal. Failure to adhere to these requirements may result in your proposal being rejected. Service Provider hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP 10107 On-Call Coating and Lining Services and sample Agreement except as otherwise noted. Additionally, Service Provider hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Service Provider's knowledge and belief. b. Service Provider commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Service Provider further agrees that the method of award is acceptable. e. Service Provider also agrees to complete the proposed Agreement with the City of Fort Collins within 10 days of notice of award. If Agreement is not completed and signed within 10 days, City reserves the right to cancel and award to the next highest rated firm. f. Service Provider acknowledges receipt of _ addenda. g. Service Provider acknowledges no conflict of interest. h. Service Provider 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 proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Service Providers may submit one (1) additional complete proposal clearly marked "FOR PUBLIC VIEWING." In this version of the proposal, Service Providers may redact text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the "FOR PUBLIC VIEWING" version of the proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant's proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets, confidential commercial information and financial data information may not be disclosed by the City. Proposals may not be marked "Confidential" or `Proprietary' in their entirety. By responding to this RFP, Service Providers hereby waives any and all claims for damages against the City for the City's good faith compliance with CORA. All provisions and pricing of any Agreement resulting from this request for proposal will be public information. Legal Firm Name: Physical Address: Remit to Address: RFP 10107 On-Call Coating and Lining Services Page 13 of 14 Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. RFP 10107 On-Call Coating and Lining Services Page 14 of 14 SECTION VI. SAMPLE AGREEMENT SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, samples of which are attached hereto as Exhibit A & B, consisting of two (2) and ( ) pages and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. A general scope of services is attached hereto as Exhibit , consisting of ( ) pages, and incorporated herein by this reference. The only services authorized under this Agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. Irrespective of references in Exhibit A & B to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. b. The City may, at any time during the term of a particular Work Order and without invalidating such Work Order, make changes to the scope of the particular services. Such changes shall be agreed upon in writing by the parties by Change Order, a sample of which is attached hereto as Exhibit C, consisting of ( ) page(s), and incorporated herein by this reference. 2. Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral Services Agreement—Work Order Type RFP/BID [#and Title] Page 1 of 101 emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. 4. Contract Period. This Agreement shall commence and shall continue in full force and effect until , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 5. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 6. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be mailed at least ten (10) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective immediately when emailed or three business days from the date of the notice when mailed to the following addresses: Service Provider: City: Copy to: City of Fort Collins City of Fort Collins Attn: Attn: Attn: Purchasing Dept. PO Box 580 PO Box 580 Fort Collins, CO 80522 Fort Collins, CO 80522 email address email address email address In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Service Provider shall submit a final invoice within ten (10) days of the effective date of termination. Undisputed invoices shall be paid Net 30 days of the date of the invoice. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 8. Payments. Services Agreement—Work Order Type RFP/BID [#and Title] Page 2 of 101 a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit , consisting of ( ) pages, and incorporated herein by this reference. b. Invoices shall be emailed to invoicesLy)fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Service Provider following the submittal of a correct itemized invoice by the Service Provider. Payment shall be made by the City only upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. The City is exempt from sales and use tax. The City's Certificate of Exemption license number is 09804502. A copy of the license is available upon written request. The City pays invoices on Net 30 days from the date of the invoice. 9. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by 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 City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 10. Liquidated Damages. OWNER and CONTRCTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in the Work Order, plus any extensions thereof allowed in accordance with Article 12 of the General conditions. They also recognize the delays, expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall pay OWNER the amount set forth in each Work Order. 11. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall be directed to the City Representative. 12. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 13. Subcontractors/subconsultants. Service Provider may not subcontract any of the Work set forth in the subsequent Work Orders without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the Services Agreement—Work Order Type RFP/BID [#and Title] Page 3 of 101 consent of the City), then the following provisions shall apply: (a) the subcontractor/subconsultant must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b)the subcontractor/subconsultant will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor/subconsultant and the City, nor will it obligate the City to pay or see to the payment of any subcontractor/subconsultant, and (d) the work of the subcontractor/subconsultant will be subject to inspection by the City to the same extent as the work of the Service Provider. 14. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the city. 15. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under the Agreement or of any cause of action arising out of the performance of this Agreement. 16. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twenty-four(24) months from and after final acceptance under the Work Order, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors/subconsultants of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired, or replaced by Service Provider in a manner and at a time acceptable to City. 17. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default thereof. 18. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default Services Agreement—Work Order Type RFP/BID [#and Title] Page 4 of 101 remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b)treat the Agreement as continuing and require specific performance; or (c) avail themselves of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 19. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary authority to sign on behalf of their respective party and to bind such party to the terms of this Agreement. 20. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever, brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder,the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit , consisting of ( ) page(s), attached hereto, and incorporated herein by this reference. The Service Provider before commencing services hereunder shall deliver to the City's Purchasing Director, purchasing(a)fcgov.com, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the city. 21. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution, and enforcement of this Agreement. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City subsequently agrees in writing that the matter may be heard in federal court, venue will be in Denver District Court. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. Services Agreement—Work Order Type RFP/BID [#and Title] Page 5 of 101 22. Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 23. Prohibition Against Unlawful Discrimination. The City of Fort Collins, 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, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not 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 vendors 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 vendors and their subcontractors/subconsultants at every tier. 24. Dust Control. The Service Provider shall abide by the City of Fort Collins "Dust Control and Prevention Manual," which is available for public download at https://www.fcgov.com/airguality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated herein by this reference. The City of Fort Collins has implemented this manual for all projects performed for the City of Fort Collins or located within the City of Fort Collins City limits. 25. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. 26. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit - Confidentiality, consisting of ( ) page(s), and Exhibit Section 00700 General Conditions consisting of fifty-three (53) pages. Services Agreement—Work Order Type RFP/BID [#and Title] Page 6 of 101 [Signature Page Follows] THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director Date: ATTEST: APPROVED AS TO FORM: SERVICE PROVIDER'S NAME By: Printed: Title: Date: Services Agreement—Work Order Type RFP/BID [#and Title] Page 7 of 101 EXHIBIT A WORK ORDER FORM (Short form) PURSUANT TO A MASTER AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND SERVICE PROVIDER'S NAME WORK ORDER NUMBER: PM's Tracking # PROJECT TITLE: ORIGINAL BID/RFP NUMBER & NAME: MASTER AGREEMENT EFFECTIVE DATE: Original Contract Date WORK ORDER COMMENCEMENT DATE: WORK ORDER COMPLETION DATE: MAXIMUM FEE: (time and reimbursable direct costs): PROJECT DESCRIPTION/SCOPE OF SERVICES: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Master Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Master Agreement and this Work Order (including the attached forms) the Master Agreement shall control. The attached forms consisting of ( ) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given after all parties have signed this document. SERVICE PROVIDER: Date: Name, Title ACCEPTANCE: Date: Name, Project Manager REVIEWED: Date: Name, Buyer or Senior Buyer ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) Services Agreement—Work Order Type RFP/BID [#and Title] Page 8 of 101 EXHIBIT B WORK ORDER FORM (Construction over $100,000) City of FortCollinso Prasig CONSTRUCTION WORK ORDER FOR [ORIGINAL PROJECT # AND NAME] WORK ORDER NO. TITLED (WORK ORDER TITLE) DATE: CONTRACTOR: Services Agreement—Work Order Type RFP/BID [#and Title] Page 9 of 101 TABLE OF CONTENTS AGREEMENT FORMS 00525 Work Order & Notice of Award 00530 Work Order Notice to Proceed 00600 Bonds and Certificates 00610 Performance Bond 00615 Payment Bond 00630 Certificate of Insurance 00635 Certificate of Substantial Completion 00640 Certificate of Final Acceptance 00650 Lien Waiver Release (CONTRACTOR) 00660 Consent of Surety a 00670 Application for Exemption Certificate CONDITIONS OF THE CONTRACT 00700 General Conditions Exhibit GC-A GC-Al - GC-A2 00800 Supplementary Conditions 00900 Addenda, Modifications and Payment 00950 Work Order Change Order Form 00960 Application for Payment Services Agreement—Work Order Type RFP/BID [#and Title] Page 10 of 101 SECTION 00500 CONSTRUCTION WORK ORDER AGREEMENT FORMS 00525 Work Order, Notice of Award & Bid Schedule 00530 Work Order Notice to Proceed Services Agreement—Work Order Type RFP/BID [#and Title] Page 11 of 101 SECTION 00525 WORK ORDER, NOTICE OF AWARD AND BID SCHEDULE TO (CONTRACTOR OR CM/GC): WORK ORDER # &TITLE: PURCHASE ORDER: ORIGINAL BID/RFP # & TITLE: ENGINEER: OWNER'S REPRESENTATIVE: NOTICE OF AWARD DATE: OWNER: City of Fort Collins (hereinafter referred to as OWNER) 1. WORK. You are hereby notified that your bid dated , for the above Work Order has been considered. Pursuant to your AGREEMENT with OWNER dated , you have been awarded a Work Order for this Work Order Description: A. See Section 01100 — Summary of Work. T i 2. CONTRACT PRICE, BONDS AND CERTIFICATES. The price of your Work Order is ($ ). Pursuant to the AGREEMENT and the Contract Documents, Performance and Payment Bonds and insurance are required. 3. CONTRACT TIMES. Pursuant to the AGREEMENT and the Contract Documents, the date for Substantial Completion of this Work Order is and after Substantial Completion, the date for Final Completion is 4. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3 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 proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as penalty) CONTACTOR shall pay OWNER the amounts set forth hereafter. 1. Substantial Completion: ($ ) for each calendar day or fraction thereof that expires after until the work is Substantially Complete. 2. Final Acceptance: After Substantial Completion ($ ) for each calendar day or fraction thereof that expires after the period for Final Payment and Acceptance until the Work is ready for Final Payment and Acceptance. 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. Services Agreement—Work Order Type RFP/BID [#and Title] Page 12 of 101 5.1 PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, once each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.6 of the General Conditions and in the case of Unit Price Work based on the number of units completed, and in accordance with the General Requirements concerning Unit Price Work. 5.1.1 Prior to Substantial Completion, Owner will be entitled to withhold as contract retainage five percent (5%) of each progress payment, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. If , in the sole discretion of Owner, on recommendation of Engineer, Owner determines that the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 95% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions) may be included in the application Section 00960. 5.1.2 Upon Substantial Completion payment will be made in an amount sufficient, if necessary, to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine or OWNER may withhold in accordance with paragraph 14.7 of the General Conditions or as provided by law. 5.2 FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. 6. CONTRACTOR'S REPRESENTATION. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and with all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 6.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions. 6.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to Services Agreement—Work Order Type RFP/BID [#and Title] Page 13 of 101 supplement those referred to in paragraph 6.2 above) which pertain to the subsurface or physical condition at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4.3. of the General Conditions. 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 7. CONTRACT DOCUMENTS. 7.1 The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the General Conditions, Supplementary Conditions, those items included in the definition of"Contract Documents" in Article 1.10 of the General Conditions, and such other items as are referenced in this Article 7, all of which are incorporated herein by this reference. 7.2 Forms for use by CONTRACTOR in performing the Work and related actions in carrying out the terms of this Agreement are deemed Contract Documents and incorporated herein by this reference, and include, but are not limited to, the following: 7.2.1 Certificate of Substantial Completion 7.2.2 Certificate of Final Acceptance 7.2.3 Lien Waiver Releases 7.2.4 Consent of Surety 7.2.5 Application for Exemption Certificate 7.2.6 Application for Payment 7.3 Drawings, consisting of a cover sheet and sheets numbered as follows: Services Agreement—Work Order Type RFP/BID [#and Title] Page 14 of 101 The Contract Drawings shall be stamped "Final for Construction" and dated. Any revisions made shall be clearly identified and dated. 7.4 The Contract Documents also include all written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. 7.5 There are no Contract Documents other than those listed or incorporated by reference in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. 8. MISCELLANEOUS 8.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but not without limitations, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge that assignor from any duty or responsibility under the Contract Document. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, Agreement and obligations contained in the Contract Document. 9. EXECUTION. Three (3) copies of this proposed Work Order& Notice of Award, and accompanying amendments or supplements to the Contract Documents (except any applicable Drawings) incorporated herein, are provided. Three (3) sets of any applicable Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by A. You must deliver to OWNER three (3) fully-executed counterparts of this Work Order, including all amendments or supplements to the Contract Documents incorporated herein. Each Work Order must bear your signature as provided. B. You must deliver with the executed Work Order the Contract Security (Bonds) and insurance, as specified in the Agreement, this Work Order, the General Conditions (Article 5.1) and the Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned and to annul this Work Order & Notice of Award. Within ten (10) days after you comply with those conditions, OWNER will return to you one (1) fully-signed counterpart of this Work Order with any amendments or supplements to the Contract Documents attached. Services Agreement—Work Order Type RFP/BID [#and Title] Page 15 of 101 CONTRACTOR'S NOTICE OF AWARD REPRESENTATION & EXECUTION: CONTRACTOR agrees to perform the services identified above, in accordance with the terms and conditions contained herein and in the AGREEMENT dated , and the NOTICE OF AWARD dated , between the parties. In the event of a conflict between or ambiguity in the terms of the AGREEMENT or specific Work Orders, the AGREEMENT shall control. CONTRACTOR: By: Date: Name: Title: Services Agreement—Work Order Type RFP/BID [#and Title] Page 16 of 101 OWNER'S ACCEPTANCE & EXECUTION: This Work Order and the attached Contract Documents are hereby accepted and incorporated herein by this reference and the attached Notice to Proceed is hereby given. ACCEPTANCE: Date: , Projects Manager OWNER: CITY OF FORT COLLINS ACCEPTANCE: Date: Kelly DiMartino, City Manager (if greater than $1,000,000) ACCEPTANCE: Date: Gerry Paul, Purchasing Director (if greater than $60,000) -1ww# APPROVED AS TO FORM: Date: ATTEST: Date: Services Agreement—Work Order Type RFP/BID [#and Title] Page 17 of 101 BID SCHEDULE Services Agreement—Work Order Type RFP/BID [#and Title] Page 18 of 101 SECTION 00530 WORK ORDER NOTICE TO PROCEED NOTICE TO PROCEED DATE: WORK ORDER TITLE: WORK ORDER NUMBER: ORIGINAL BID/RFP # & TITLE: TO: Attn: This notice is to advise you: That the Work Order and all amendments and supplements to the Contract Documents covering the above described Work have been fully executed by the CONTRACTOR and the OWNER. That the required CONTRACTOR's Performance and Payment Bonds and insurance have been received by the OWNER. That the OWNER has approved the said Work Order and Contract Documents. Therefore, as the CONTRACTOR for the above described Work, you are hereby authorized and directed to proceed within ( ) calendar days from receipt of this notice as required by the Work Order and the AGREEMENT. The dates for Substantial Completion and Final Acceptance shall be , and respectively. Dated this day of CITY OF FORT COLLINS (OWNER) By: Name & Title ACKNOWLEDGMENT OF NOTICE Receipt of the above Work Order Notice to Proceed is hereby acknowledged this day of (CONTRACTOR) By: Name & Title Services Agreement—Work Order Type RFP/BID [#and Title] Page 2 of 101 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) 00651 Lien Waiver Release (SUBCONTRACTOR) 00660 Consent of Surety 00670 Application for Exemption Certificate Services Agreement—Work Order Type RFP/BID [#and Title] Page 3 of 101 SECTION 00610 PERFORMANCE BOND Bond No KNOW ALL MEN BY THESE PRESENTS: that Firm Address (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and Firm Address hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of ($ ) 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 day of , 2 , for (original bid/rfp #& name) a copy of which is hereto attached and made a part hereof, for the performance of The City of Fort Collins Work Order, titled , Work Order Number , dated the day of a copy of which is hereto attached and made a part hereof. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said Work Order and Agreement during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without Notice to the Surety and during the life of the guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Work Order and Agreement, and shall fully indemnify and save harmless the OWNER from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Work Order and Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Work Order and Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. Services Agreement—Work Order Type RFP/BID [#and Title] Page 4 of 101 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this day of IN PRESENCE OF: Principal (Title) (Title) (Corporate Seal) (Address) IN PRESENCE OF: Other Partners By: By: IN PRESENCE OF: Surety By: (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Services Agreement—Work Order Type RFP/BID [#and Title] Page 5 of 101 SECTION 00615 PAYMENT BOND Bond No KNOW ALL MEN BY THESE PRESENTS: that Firm Address (an Individual), (a Partnership), (a Corporation), hereinafter referred to as the "Principal" and Firm Address hereinafter referred to as "the Surety", are held and firmly bound unto City of Fort Collins, 300 LaPorte Ave, Fort Collins, Colorado 80522 a (Municipal Corporation) hereinafter referred to as the "OWNER", in the penal sum of ($ ) 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 day of for (original bid/rfp # & name), a copy of which is hereto attached and made a part hereof, for the performance of The City of Fort Collins Work Order, titled , Work Order Number , dated the day of a copy of which is hereto attached and made a part hereof. NOW, THEREFORE, if the Principal shall make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Work Order and Agreement and any authorized extension or modification thereof, including all amounts due for materials, lubricants, repairs on machinery, equipment and tools, consumed, rented or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Work Order and Agreement or to the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Work Order and Agreement or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. PROVIDED, FURTHER, that the Surety Company must be authorized to transact business in the State of Colorado and be acceptable to the OWNER. Services Agreement—Work Order Type RFP/BID [#and Title] Page 6 of 101 IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this day of IN PRESENCE OF: Principal (Title) (Title) (Corporate Seal) (Address) IN PRESENCE OF: Other Partners By: By: IN PRESENCE OF: Surety By: (Address) (Surety Seal) NOTE: Date of Bond must not be prior to date of Agreement. If CONTRACTOR is Partnership, all partners should execute Bond. Services Agreement—Work Order Type RFP/BID [#and Title] Page 7 of 101 SECTION 00630 CERTIFICATE OF INSURANCE CONTRACTOR shall insert his own standard form for Certificate of Insurance in accordance with the following: 1. The Contractor will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Contractor shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Contractor, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Contractor's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Contractor shall maintain during the life of this Agreement for all of the Contractor's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of$100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General &Vehicle Liability. The Contractor shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Contractor shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Services Agreement—Work Order Type RFP/BID [#and Title] Page 8 of 101 SECTION 00635 CERTIFICATE OF SUBSTANTIAL COMPLETION TO: CITY OF FORT COLLINS (OWNER) WORK ORDER # & TITLE: DATE OF SUBSTANTIAL COMPLETION: ORIGINAL BID/RFP # & TITLE: PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado INCLUDE: OWNER: City of Fort Collins CONTRACTOR: WORK ORDER DATE: The Work performed under this Work Order, pursuant to the Contract Documents, has been inspected by authorized representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or specified part of the project, as indicated above) is hereby declared to be substantially completed on the above date. A tentative list of items to be completed or corrected is appended hereto. This list may not be exhaustive, and the failure to include an item on it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. By: PROJECT MANAGER AUTHORIZED REPRESENTATIVE DATE The CONTRACTOR accepts the above Certificate of Substantial Completion and agrees to complete and correct the items on the tentative list within the time indicated. By: CONTRACTOR AUTHORIZED REPRESENTATIVE DATE The OWNER accepts the project or specified area of the project as substantially complete and will assume full possession of the project or specified area of the project at 12:01 a.m., on . The responsibility for heat, utilities, security, and insurance under the Contract Documents shall be as set forth under "Remarks" below. CITY OF FORT COLLINS By: OWNER AUTHORIZED REPRESENTATIVE DATE REMARKS: SECTION 00640 CERTIFICATE OF FINAL ACCEPTANCE DATE: TO: Gentlemen: You are hereby notified that on the day of the City of Fort Collins, Colorado, has accepted the Work completed by , for the City of Fort Collins Work Order, titled Work Order Number under(original bid/rfp# & name). A check is attached hereto in the amount of$ as Final Payment for all Work done, subject to the terms of the Contract Documents, including the Work Order, which is dated and the AGREEMENT, which is dated In conformance with the Work Order and Contract Documents for this project, your obligations and guarantees will continue for the specified time from the following date: Sincerely, City of Fort Collins OWNER By: Name & Title ATTEST: Name & Title SECTION 00650 LIEN WAIVER RELEASE (CONTRACTOR) TO: City of Fort Collins, Colorado (OWNER) FROM: (CONTRACTOR) WORK ORDER TITLE: WORK ORDER NUMBER: ORIGINAL BID/RFP # & TITLE: 1. The CONTRACTOR acknowledges having received payment, except retainage from the OWNER for all work, labor, skill and material furnished, delivered and performed by the CONTRACTOR for the OWNER or for anyone in the construction, design, improvement, alteration, addition or repair of the above described project. 2. In consideration of such payment and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR voluntarily waives all rights, claims and liens, including but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop notices, equitable liens and labor and material bond rights which the CONTRACTOR may now or may afterward have, claim or assert for all and any work, labor, skill or materials furnished, delivered or performed for the construction, design, improvement, alteration, addition or repair of the above described project, against the OWNER or its officers, agents, employees or assigns, against any fund of or in the possession or control of the OWNER, against the project or against all land and the buildings on and appurtenances to the land improved by the project. 3. The CONTRACTOR affirms that all work, labor and materials, furnished, delivered or performed to or for the construction, design, improvement, alteration, addition or repair of the project were furnished, delivered or performed by the CONTRACTOR or its agents, employees, and servants, or by and through the CONTRACTOR by various Subcontractors or materialmen or their agents, employees and servants and further affirms the same have been paid in full and have released in full any and all existing or possible future mechanic's liens or rights or claims against the project or any funds in the OWNER'S possession or control concerning the project or against the OWNER or its officers, agents, employees or assigns arising out of the project. 4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if any, and the Surety on the project against and from any claim hereinafter made by the CONTRACTOR's Subcontractors, materialmen, employees, servants, agents or assigns against the project or against the OWNER or its officers, employees, agents or assigns arising out of the project for all loss, damage and costs, including reasonable attorneys fees, incurred as a result of such claims. 5. The parties acknowledge that the description of the project set forth above constitutes 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 labor and material bonds for the project. Signed this day of CONTRACTOR: By: Name & Title ATTEST: Secretary STATE OF COLORADO ) , )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of by Witness my hand and official seal. My Commission Expires: Notary Public SECTION 00660 CONSENT OF SURETY TO: City of Fort Collins, Colorado (hereinafter referred to as the "OWNER") CONTRACTOR: WORK ORDER # &TITLE: ORIGINAL BID/RFP # & TITLE: CONTRACT DATE: WORK ORDER DATE: In accordance with the provisions of the Work Order and Contract between the OWNER and the CONTRACTOR as indicated above, for the Work Order titled on bond of , (Surety) hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final Payment to the CONTRACTOR shall not relieve the Surety Company of any of its obligations to the OWNER, as set forth in the said Surety Company's Bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of (Surety Company) By: (Name) Attorney-in-Fact ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-Fact. SECTION 00670 APPLICATION FOR EXEMPTION CERTIFICATE III III III I III I II III II 111111111 II II I I II DR OR (06103/22) DenveRCO 8026ADO 0009EN T OF REVENUE 140172 19999 Tax.Cobrado.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, A 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 303-205-2376 or mail to:Colorado Department of Revenue, Denver,CO 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 completed by applicant Contractor Information Trade name/DBA Owner,partner or corporate last name First Name Middle Initial Mailing Address City State ZIP E-Mail Address FEIN Bid amount for your contract(Must match to the penny) Fax number Business Phone number Colorado withholding 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 ❑Staffing Agency ❑No employees/subcontractors(see below) No Employees/Subcontractors.(Provide explanation or attach a letter of explanation). Exemption Information **Attachment Required** Copies of contract or agreement page, identifying the contracting parties, bid amount,type of work, and signatures of contracting parties 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(MM/DD/vv) Estimated completion date(MM/DD/vv)(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(MM/DDwv) II IIII I I I 1111111111111111 I IIII II I I I 111111111111 IIIII COLRADO DR 0172(06103/22) Denverr CO 80261-0009ENT OF REVENUE D 0 N 0 T S E N D (303)238-SERV(7378) Form Instructions Accurately complete all applicable fields.Additional information for specific fields is available below. Contractor Information: Attachment Required Colorado Withholding Account Number Contract(agreement, purchase order, award letter) A Colorado Account Number(CAN)should be provided in Each application must include a copy of the contract or this field. If your company does have a (CAN) review the agreement to include the following information: options listed below.Applications that are left blank or list . The type and scope of work NlAwill not be processed. Subsidiary: • Bid amount(the same amount to the penny should be listed on your application) This box is marked when a subsidiary is using the parent's withholding account number(only when it does not have its Project start and estimated completion dates. own.) Provide the parents CAN. • Is signed by contracting parties involved in the Subcontractor: project including the exempt organization. This box is marked when a contractor does not have Exemption Information: employees of their own and outsources their employees Exempt Organization's Number through a subcontractor. List the subcontractor or subcontractors name and CAN(s). An exempt organization's Colorado exemption account Staffing Agency: number will begin with a"98". This box is marked when a contractor does not have Contact the exempt organization to obtain or verify this employees of their own and outsources their employees information prior to submitting your application. through a staffing agency. Provide the Staffing Agency's Failure to provide this number will cause your application to name and CAN. be rejected. No employees/no subcontractors Scheduled Construction Start and Estimated For contractors with no employees, no subcontractors/ Completion Dates staffing agencies: Enter the start and completion dates in these fields. Write no employees in the(CAN) box and provide an Ensure the completion dates listed on the application can explanation. For example, I have no employees or be validated by your contract, award letter, agreement or subcontractors and perform all of the work myself. purchase order. II I II I I I I 111111111 I I II 11111 I I I I I 1111111111111 I I I II 0172(06/03/22) CO CUOnLORCO 802611-000 DEPARTMENT OF REVENUE D 0 N 0 T S E N D (303)238-SERV(7378) Special Notice Purpose of this application Application Requirements (Checklist) The exemption certificate for which you are applying must Prevent your application from being returned. be used only for the purpose of purchasing construction and building materials for the exempt project described ❑ Read the Special Notice below.This exemption does not include or apply to the ❑ Complete an application for each project. purchase or rental of equipment, supplies, and materials ❑ Accurately complete all applicable fields. (Read which are purchased, rented, or consumed by the Instructions) contractor and which do not become a part of the structure, highway, road, street, or other public works owned and ❑ Attach a copy of the contract or agreement page, used by the exempt organization. identifying the contracting parties, bid amount, type Any unauthorized use of the exemption certificate will of work performed.This must include the signature result in revocation of your exemption certificate and other of the Exempt Organization. penalties provided by law. ❑ Bid amount on Contract or Agreement page A separate certificate is required for each project. matches the amount listed on the application (to the penny) Subcontractors: ❑ The exempt organizations 98 number was provided and is correct. Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. Upon receipt of the ❑ Ensure the completion dates listed on the Certificate, the prime contractor should make a copy for application can be validated by your contract, award each subcontractor involved in the project and complete letter, agreement or purchase order. it by filling in the subcontractor's name and address and ❑ Sign the DR 0172 (Contractor Application for signing it. The original Certificate should always be retained Exemption Certificate). by the prime contractor. Copies of all Certificates that the See FYI Sales 95 for information about qualifying affordable prime contractor issued to subcontractors should be kept at housing projects. the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an audit. SECTION 00700 GENERAL CONDITIONS GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT These GENERAL CONDITIONS have been developed by using the STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT prepared by the Engineers Joint Contract Documents Committee,EJCDC No. 1910-8(1990 Edition),as a base. Changes to that document are shown by underlining text that has been added and striking through text that has been deleted. EJCDC GENERAL CONDITIONS 1910-8(1990 EDITION) WITH CITY OF FORT COLLINS MODIFICATIONS(REV 9/99) TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Page Article or Paragraph Page Number&Title Number Number&Title Number 1. DEFINITIONS 1 2. PRELIMINARY MATTERS 3 1.1 Addenda.............................................1 2.1 Delivery of Bonds,.......................... 3 1.2 Agreement,,. ............ ........1 2.2 Copies of Documents ........, ........3 1.3 Application for Payment......... .........1 2.3 Commencement of Contract 1.4 Asbestos.............................................I Times;Notice to Proceed................3 1.5 Bid ........ ......... .........1 2.4 Starting the Work................ .......3 1.6 Bidding Documents.............................1 2.5-2.7 Before Starting Construction; 1.7 Bidding Requirements.........................1 CONTRACTORS Responsibility 1.8 Bonds.................................................1 to Report,Preliminary Schediles; 1.9 Change Order ......... ......... .........I Delivery of Certificates of 1.10 Contract Documents 1 Insurance 3-4 1.11 Contract Price 1 2.8 Preconstruction Conference 4 1.12 Contract Times....................................1 2.9 Initially Acceptable Schedules...........4 1.13 CONTRACTOR..................................1 1.14 defective.............................................1 3. CONTRACT DOCUMENTS: INTENT, 1.15 Drawings............................................1 AMENDING,REUSE..........................................4 1.16 Effective Date of the Agreement............1 3.1-3.2 Intent.............................................4 1.17 ENGINEER 1 3.3 Reference to Standards and Speci- 1.18 ENGINEER's Consultant......................1 fications of Technical Societies, 1.19 Field Order,,,,,,,,,,,,,,,,,,,,*....,..., '......,.1 Reporting and Resolving Dis- 1.20 General Requirements.........................2 crepancies.................................4-5 1.21 Hazardous Waste 2 3.4 Intent of Certain Terms or 1.22.a Laws and Regulations;Laws or Adjectives.....................................5 Regulations......................................2 3.5 Amending Contract Docunents.........5 1.22.b Legal Holidays......... ......... „-,,,,,2 3.6 Supplementing Contract 1.23 Liens 2 Documents 5 1.24 Milestone 2 3.7 Reuse of Documents 5 1.25 Notice of Award 2 1.26 Notice to Proceed.................................2 4. AVAILABILITY OF LANDS; 1.27 OWNER.............................................2 SUBSURFACE AND PHYSICAL CONDITIONS; 1.28 Partial Utilization 2 REFERENCE POINTS 5 1.29 PCBs..................................................2 4.1 Availability of Lands......................5-6 1.30 Petroleum...........................................2 4.2 Subsurface and Physical 1.31 Project................................................2 Conditions.................................. 1.32.a Radioactive Material............................2 4.2.1 Reports and Drawings......................6 1.32.b Regular Working Hours ... ........2 4.2.2 Lim ited Reliance by CONTRAC- 1.33 Resident Project Representative,,,,,,,,,,,,2 TOR Authorized;Technical 1.34 Samples..............................................2 Data.............................................6 1.35 Shop Drawings....................................2 4.2.3 Notice of Differing Subsurface 1.36 Specifications...................................... or Physical Conditions,,,,,,,,,,,,,,,,,,6 1.37 Subcontractor 2 4.2.4 ENGINEER's Review 6 1.38 Substantial Completion........................ 4.2.5 Possible Contract Documents 1.39 Supplementary Conditions....................2 Change.........................................6 1.40 Supplier..............................................2 4.2.6 Possible Price and Times 1.41 Underground Facilities.....................2-3 Adjustments..............................6-7 1.42 Unit Price Work......., ...,__...3 4.3 Physical Conditions--Underground 1.43 Work 3 Facilities 7 1.44 Work Change Directive........................ 4.3.1 Shown or Indicated..........................7 1.45 Written Am endm ent 3 4.3.2 Not Shown or Indicated 7 4.4 Reference Points 7 ................................ u EJCDC GENERAL CONDITIONS 1910-8(1990 EDITION) w/CITY OF FORT COLLINS MODIFICATIONS(REV 9/99) Article or Paragraph Page Article or Paragraph Page Number&Title Number Number&Title Number 4.5 Asbestos,PCBs,Petroleum, 6.25 Submittal Proceedures;CON- Hazardous Waste or TRACTOR's Review Prior Radioactive Material....................7-8 to Shop Drawing or Sample Submittal 16 5. BONDS AND INSURANCE.................................8 6.26 Shop Drawing&Sample Submit- 5.1-5.2 Performance,Payment and Other tals Review by ENGINEER......16-17 Bonds..............................................8 6.27 Responsibility for Variations 5.3 Licensed Sureties and Insurers; From Contract Documents............17 Certificates of Insurance 8 6.28 Related Work Performed Prior ..................... 5.4 CONTRACTOR's Liability to ENGINEER's Review and Insurance..........................................9 Approval of Required 5.5 OWNER's Liability Insurance..............9 Submittals............................ ....... 17 5.6 Property Insurance,,,,,,,,,,,,,,,,,, ,,,,,,,9-10 6.29 Continuing the Work 17 ....._.............. 5.7 Boiler and Machinery or Addi- 6.30 CONTRACTOR's General tional Property Insurance„...............10 Warranty and Guarantee...............17 5.8 Notice of Cancellation Provision 10 6.31-6.33 Indemnification 17-18 5.9 CONTRACTOR's Responsibility 6.34 Survival of Obligations...................18 for Deductible Amounts 10 .................... 5.10 Other Special Insurance.....................10 7. OTHERWORK......._............_....... _.....................18 5.11 Waiver of Rights................................11 7.1-7.3 Related Work at Site........................18 5.12-5.13 Receipt and Application of 7.4 Coordination.......... ..................18 Insurance Proceeds 10-11 ...................... 5.14 Acceptance of Bonds and Insm- 8. OWNER'S RESPONSIBILITIES.........................18 ance;Option to Replace...................11 8.1 Communications to CON- 5.15 Partial Utilization--Property TRACTOR.................................18 Insurance........................................11 8.2 Replacement of ENGINEER............18 8.3 Furnish Data andPay Promptly 6. CONTRACTOR'S RESPONSIBILITIES 11 When Due 18 6.1-6.2 Supervision and Superintendence.......11 8.4 Lands and Easements;Reports 6.3-6.5 Labor,Materials and Equipment...11-12 and Tests 18-19 6.6 Progress Schedule..............................12 8.5 Insurance.......................................19 6.7 Substitutes and"Or-Equal"Items; 8.6 Change Orders...............................J9 CONTRACTOR's Expense; 8.7 Inspections,Tests and Substitute Construction Approvals...................................19 Methods or Procedures; 8.8 Stop or Suspend Work; ENGINEER's Evaluation 12-13 Terminate CONTRACTOR's 6.8-6.11 Concerning Subcontractors, Services......................................19 Suppliers and Others; 8.9 Limitations on OWNER'S Waiver of Rights........................13-14 Responsibilities...........................19 6.12 Patent Fees and Royalties......I............. 4 8.10 Asbestos,PCBs,Petroleum, 6.13 Permits 14 Hazardous Waste or 6.14 Laws and Regulations........................14 Radioactive Material.....................19 6.15 Taxes 14-15 8.11 Evidence of Financal 6.16 Use of Premises................................15 Arrangements............................19 6.17 Site Cleanliness 15 ................................. 6.18 Safe Structural Loading.....................15 9. ENGINEER'S STATUS DURING 6.19 Record Documents 15 CONSTRUCTION19 6.20 Safety and Protection. ........I.....15-16 9.1 OWNER's Representative...... ........19 6.21 Safety Representative.........................16 9.2 Visits to Site..................................19 6.22 Hazard Communication Programs......16 9.3 Project Representative ,,,,,,,*, **,19-21 6.23 Emergencies.....................................16 9.4 Clarifications and Interpre- 6.24 Shop Drawings and Samples....... ......16 tations,_.........*...*"***...........,,,,..,,21 9.5 Authorized Variations in Wirk 21 EJCDC GENERAL CONDITIONS 1910-8(1990 EDITION) w/CITY OF FORT COLLINS MODIFICATIONS(REV 9199) Article or Paragraph Page Article or Paragraph Page Number&Title Number Number&Title Number 9.6 Rejecting Defective Work...................21 13.8-13.9 Uncovering Work atENGI- 9.7-9.9 Shop Drawings,Change Orders NEER's Request.....................27-28 and Payments....................................21 13.10 OWNER May Stop the Work...........28 9.10 Determinatims for Unit Prices 21-22 13.11 Correction or Removal of 9.11-9.12 Decisions on Disputes;ENGI- Defective Work.............. NEER as Initial Interpreter..............22 13.12 Correction Period.............I.............28 9.13 Limitations on ENGINEER's 13.13 Acceptance ofDefective Work.........28 Authority and Responsibilities....22-23 13.14 OWNER May Correct Defective Work 28-29 ..................................... . CHANGES IN THE WORK.......................................23 10.1 OWNER's Ordered Change................23 14. PAYMENTS TO CONTRACTOR AND 10.2 Claim for Adjustment.........I..............23 COMPLETION..................................................29 10.3 Work Not Required by Contract 14.1 Schedule of Values.........................29 Documents.....................................23 14.2 Application for Progress 10.4 Change Orders..................................23 Payment.....................................29 10.5 Notification of Surety........................23 14.3 CONTRACTOR's Warranty of Title 29 CHANGE OF CONTRACT PRICE.............................23 14.4-14.7 Review of Applications for 11.1-11.3 Contract Price;Claim for Progress Payments.................29-30 Adjustment;Value of 14.8-14.9 Substantial Completion.................*30 the Work 23-24 14.10 Partial Utilization 30-31 11.4 Cost of the Work..........................24-25 14.11 Final Inspection............................. 11.5 Exclusions to Cost of the Work ........25 14.12 Final Application for Payment........ 31 11.6 CONTRACTOR's Fee........................25 14.13-14.14 Final Payment and Acceptance.......31 11.7 Cost Records 25-26 14.15 Waiver of Claims 31-32 11.8 Cash Allowances...............................26 11.9 Unit Price Work 26 15. SUSPENSION OF WORK AND ................................. TERMINATION...............................................32 CHANGE OF CONTRACT TIMES............................26 15.1 OWNER May Suspend Work.... ......32 12.1 Claim for Adjustment........................26 15.2-15.4 OWNER May Terminate................32 12.2 Time of the Essence.. ......... .......26 15.5 CONTRACTOR May Stop 12.3 Delays Beyond CONTRACTOR's Work or Terminate.................32-33 Control 26-27 ....................................... 12.4 Delays Beyond OWNER'S and 16. DISPUTE RESOLUTION..................................33 CONTRACTORS Control 27 ................. 17. MISCELLANEOUS...........................................33 TESTS AND INSPECTIONS;CORRECTION, 17.1 Giving Notice................................33 REMOVAL OR ACCEPTANCE OF 17.2 Computation of Times....................33 DEFECTIVE WORK 27 17.3 Notice of Claim 33 13.1 Notice of Defects 27 17.4 Cumulative Remedies 33 13.2 Access to the Work 27 17.5 Professional Fees and Court 13.3 Tests and Inspections; Costs Included............................33 CONTRACTOR's Cooperation.........27 17.6 Applicable State Laws...............33-34 13.4 OWNER'S Responsibilities; Intentionally left blank.......................................35 Independent Testing Laboratory.....,27 13.5 CONTRACTOR's EXHIBIT GC-A: (Optional) Responsibilities...............................27 Dispute Resolution Agreement.....................GC-Al 13.6-13.7 Covering Work Prior to Inspec- 16.1-16.6 Arbitration............. ............GC-Al tion,Testing or Approval.................27 16.7 Mediation...............................GC-Al iv EJCDC GENERAL CONDITIONS 1910-8(1990 EDITION) w/CITY OF FORT COLLINS MODIFICATIONS(REV 9/99) INDEX TO GENERAL CONDITIONS City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index Article or Paragraph Number Article or Paragraph Acceptance of-- Number Bonds and Insurance........................................5.14 defective Work............................10.4.1, 13.5, 13.13 OWNER responsibility for..............................4.5.1,8.10 final payment... ......... ....................9.12, 14.15 possible price and times change_.... ....4.5.2 ........... insurance......... ......... .................5.14 Authorized Variations in Work ........3.6,6.25,6.27,9.5 other Work,by CONTRACTOR..........................7.3 Availability of Lands..........................................4.1,8.4 Substitutes and"Or-Equal"Items. ......... .....6.7.1 Award,Notice of--defined...., ......... ....1.25 ............ Work by OWNER..............................2.5,6.30,6.34 Before Starting Construction............................... Access to the-- Bid--definition of.......................1.5(1.1, 1.10,2.3,3.3, Lands,OWNER and CONTRACTOR ........................4.2.6.4,6.13, 11.4.3, 11.9.1) responsibilities..............................................4.1 Bidding Documents--definition site,related Work...............................................7.2 of ..................................................1.6(6.8.2) Work. ..........................................13.2,13.14, 14.9 Bidding Requirements--definition Acts or Omissions--,Acts and Omissions-- of ..........................................1.7(1.1,4.2.6.2) CONTRACTOR.............„.,.....,....,.,....,6.9.1,9.13.3 Bonds-- ENGINEER..........................................6.20,9.13.3 acceptance of....................................................5.14 OWNER...................................................6.20,8.9 additional bonds........................I.........10.5, 11.4.5.9 Addenda--definition of(also see Cost of the Work.............................................11.5.4 definition of Specifications).......(1.6, 1.10,6.19), 1.1 definition of...... ......... ......... ......... ... ...1.8 Additional Property Insurances ............................. 5.7 delivery of......... ......... ......... ...........2.1,5.1 Adjustments-- final Application for Payment....... .......14.12-14.14 Contract Price or Contract general ......................................1.10,5.1-5.3,5.13, Times...........................1.5,3.5,4.1,4.3.2,4.5.2, ........................................9.13, 10.5,14.7.6 .............................4.5.3,9.4,9.5, 10.2-10.4, Performance,Payment and Other,,,,,,,,,,,........5.1-5.2 .... ... ......... ...........11,12,14.8, 15.1 Bonds and Insurance--in general,,...... .......5 ......... .. progress schedule...............................................6.6 Builder's risk"all-risk"policy form........................5.6.2 Agreement-- Cancellation Provisions,Insurance........5.4.11,5.8,5.15 definition of 1.2 Cash Allowances 11.8 "All-Risk"Insurance,policy farm............................5.6.2 Certificate of Substantial Completion..._...1.38,6.30.2.3, Allowances,Cash....................................................11.8 .14.8, 14.10 Amending Contract Documents................................3.5 Certificates of Inspection...................9.13.4, 13.5, 14.12 Amendment,Written-- Certificates of Insurance.............2.7,5.3,5.4.11,5.4.13, in general................1.10, 1.45,3.5,5.10,5.12,6.6.2 .......................5.6.5,5.8,5.14,9.13.4, 14.12 .........................0.8.2,6.19, 10.1, 10.4, 11.2 Change in Contract Price-- ....................................12.1,13.12.2, 14.7.2 Cash Allowances..............................................11.8 Appeal,OWNER or CONTRACTOR claim for price intent to...................... ...9.10,9.11, 10.4, 16.2, 16.5 adjustment............4.1,4.2.6,4.5,5.15,6.8.2,9.4 Application for Payment-- ...................9.5,9.11, 10.2, 10.5, 11.2, 13.9, definition of...................... .................. ..............1.3 ...I...................13.13, 13.14,14.7, 15.1, 15.5 ENGINEER's Responsibility...............................9.9 CONTRACTOR's fee...................I.....................11.6 final payment.................9.13.4,9.13.5, 14.12-14.15 Cost of the Work in general..........................2.8,2.9,5.6.4,9.10, 15.5 general................................................11.4-11.7 progress payment.....................................14.1-14.7 Exclusions to...............................................11.5 review of 14.4-14.7 Cost Records 11.7 Arbitration ..................................................... in general.............1.19,1.44,9.11,10.4.2,10.4.3, 11 Asbestos-- Lump Sum Pricing..........................................11.3.2 claims pursuant thereto..........................4.5.2,4.5.3 Notification of Surety........................................10.5 CONTRACTOR authorized to stop Work.,.......,4.5.2 Scope of............. ......... ......... ........10.3-10.4 definition of.............................................. . ....1.4 Testing and Inspection, Uncovering the Work..................................13.9 v EJCDC GENERAL CONDITIONS 1910-8(1990 EDITION) w/CITY OF FORT COLLINS MODIFICATIONS(REV 9199) Unit Price Work 11.9 CONTRACTOR's Fee 11.6 Article or Paragraph Article or Paragraph Number Number Value of Work ,,,,,,,,,,11.3 CONTRACTOR'S liability...........5.4,6.12,6.16,6.31 Change in Contract Times-- Cost of the Work............. ......................11.4,11.5 Claim for times adjustment........4.1,4.2.6,4.5,5.15, Decisions on Disputes...............................9.11,9.12 ............ 6.8.2,9.4,9.5,9.11, 10.2, 10.5, 12.1, Dispute Resolution ......... ......... ................16.1 ...............13.9, 13.13, 13.14, 14.7, 15.1, 15.5 Dispute Resolution Agreement....................16.1-16.6 Contractual time limits.....................................12.2 ENGINEER as initial interpretor.......................9.11 Delays beyond CONTRACTOR's Lump Sum Pricing.......... ......... 11.3.2 .............. control 12.3 Notice of .I7.3 Delays beyond OWNER'S and OWNER'S,,,,,,,,,,,,,,,,,,,9.4,9.5,9.11, 10.2, 11.2, 11.9 CONTRACTOR's control............................12.4 .......................12.1, 13.9, 13,13, 13.14,17.3 Notification of surety...... ......... .................10.5 OWNERs liability 5.5 Scope of change........................................10.3-10.4 OWNER may refuse to make payment.................14.7 Change Orders-- Professional Fees and Court Costs Acceptance ofDefective Work..........................13.13 Included 7.5 ............................,.__...,, ....... Amending Contract Documents..........................3.5 request for formal decision on............................9.11 Cash Allowances 11.8 Substitute Items 6.7.1.2 Change of Contract Price.....................................I I Time Extension................................... ..............12.1 Change of Contract Times...................................12 Time requirements,,,,,,,,,...........................9.11, 12.1 Changes in the Work..... ......... ......... ........10 Unit Price Work ......... ......... ..............11.9.3 CONTRACTOR's fee 11.6 Value of 11.3 Cost of the Work,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,11.4-11.7 Waiver of--on Final Payment................,14.14, 14.15 Cost Records... ......... ..................11.7 Work Change Directive_., 10.2 ......... ........... definition of,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1.9 written notice required......................9.11, 11.2, 12.1 emergencies,,,, ..... „ 6.23 Clarifications and Interpretations,,,,,,,,,,,,3.6.3,9.4,9.11 ENGINEER's responsibility.......9.8, 10.4, 11.2, 12.1 Clean Site ............................................................6.17 execution of..*............*" ,,,,,, ,,,,,,,,,,,10.4 Codes of Technical Society,Organization Indemnifiction. ........6.12,6.16,6.31-6.33 or Association.................................................3.3.3 Insurance,Bonds and..... ..............5.10,5.13, 10.5 Commencement of Contract Times,,,, .2.3 OWNER may terminate.............................15.2-15.4 Communications— OWNERS Responsibility...........................8.6, 10.4 general ...............................................6.2,6.9.2,8.1 Physical Conditions-- Hazard Communication Programs,,,,,,,,,,,,,,,,,,,,,6.22 Subsurface and..............................................4.2 Completion-- Underground Facilities................................ .3.2 Final Application for Payment........................,14.12 Record Documents............................................6.19 Final Inspection..............................................14.11 Scope of Change.......................................10.3-10.4 Final Payment and Acceptance...............14.13-14.14 Substitutes,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,6.7.3,6.8.2 Partial Utilization,,,,,.,,,,,,,,,,,,...................... ...14.10 Unit Price Work...............................................11.9 Substantial Completion......................1.38, 14.8-14.9 value of Work,covered by ......... .................11.3 Waiver of Claims,,,,,,,,,,,, ......... -,,,,,........14.15 Changes in the Work..................................................10 Computation of Times ......... .... ............17.2.1-17.2.2 Notification of surety.........................................10.5 Concerning Subcontractors, Suppliers OWNER's and CONTRACTOR's and Others 6.8-6.11 responsibilities...........................................10.4 Conferences-- Right to an adjustment... ......... .................10.2 initially acceptable schedules..............................2.9 Scope of change ....__... __...... .10.3-10.4 preconstruction............... ......... ......... ....... 2.8 Claims-- Conflict,Error,Ambiguity,Discrepancy-- against CONTRACTOR....................................6.16 CONTRACTOR to Report........................... against ENGINEER.................................. ......6.32 Construction,before starting by against OWNER ......... ......... ......... .......6.32 CONTRACTOR....................................................................................... Change of Contract Price..........I................9.4, 11.2 Construction Machinery,Equipment,etc,.................6.4 Change of Cmtract Times ......... .... .....9.4, 12.1 Continuing the Work,,,,,.,_,,.,...,....,,,,, .-,,,,,..6.29,10.4 CONTRACTOR's.............4,7.1,9.4,9.5,9.11, 10.2, Contract Documents-- ...........................!1.2,11.9, 12.1, 13.9, 14.8, Amending..........................................................3.5 ............................................15.1, 15.5, 17.3 Bonds .....................................I..................I.....5.1 vi EJCDC GENERAL CONDITIONS 1910-8(1990 EDITION) w/CITY OF FORT COLLINS MODIFICATIONS(REV 9/99) Cash Allowances,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,11.8 Stop Work requirements..................................4.5.2 CONTRACTOR's- Article or Paragraph Number Article or Paragraph Number Change of Contract Price....................................11 Change of Contract Times...................................12 Compensation............................................11.1-11.2 Changes in the Work..... ......... ..........10.4-10.5 Continuing Obligation_..., ......... .......__.._..14.15 check and verify ......... ..................2.5 Defective Work.. ...........9.6, 13.10-13.14 Clarifications and Duty to correct defective Work............I.............13.11 Interpretations........................3.2,3.6,9.4,9.11 Duty to Report-- definition of....................................................1.10 Changes in the Work caused by ENGINEER as initial interpreter of ..... ... ......9.11 Emergency._,.,.,,,,,., 6.23 ENGINEER as OWNER's representative,,,, ........9.1 Defects in Work of Others....... .................7.3 general3 Differing conditions...................................4.2.3 Insurance5.3 Discrepancy in Documents,,,.,,,,2.5,3.3.2,6.14.2 Intent ........................................................3.1-3.4 Underground Facilities not indicated...........4.3.2 minor variations in the Work,,,,.,, „ ...... ......3.6 Emergencies,,, 0.23 OWNER'S responsibility to furnish data...I.........-8.3 Equipment and Machinery Rental,Cost OWNER's responsibility to make of the Work...........................................11.4.5.3 prompt payment..........................$3,14.4, 14.13 Fee--Cost Plus,,, ......... ......11.4.5.6, 11.5.1, 11.6 precedence..._... .........3.1,3.3.3 General Warranty and Guarantee.......................6.30 Record Documents............................................6.19 Hazard Communication Programs.....................6.22 Reference to Standards and Specifications Indemnification........................6.12,6.16,6.31-6.33 of Technical Societies...................................3.3 Inspection of the Work............................. 7.3, 13.4 Related Work................. I 7.2 Labor,Materials and Equipment.... ............6.3-6.5 Reporting and Resolving Discrepancies,,..,,,.2.5,3.3 Laws and Regulations,Compliance by.............6.14.1 Reuse of.............................................................3.7 Liability Insurance..............................................5.4 Supplementing.................................................3.6 Notice of Intent to Appeal..........................9.10, 10.4 Termination of ENGINEER'S Employment..........8.2 obligation to perform and complete Unit Price Work 11.9 the Work 6.30 variations.........................................3.6,6.23,6.27 Patent Fees and Royalties,paid for by.................6.12 Visits to Site,ENGINEER'S.,,,,,,,,, ,,,,,,,,,,,,,,,,,,9.2 Performance and Other Bonds,,,,,, 5.1 ......... ...... Contract Price-- Permits,obtained and paid for by.......................6.13 adjustment of................3.5,4.1,9.4, 10.3,11.2-11.3 Progress Schedule...........................2.6,2.8,2.9,6.6, Change of............................................................II ........................................6.29, 10.4,15.2.1 Decision on Disputes........................................9.11 Request for formal decisionon disputes...............9.11 definition of,,,,, ....., , ........ ......1.11 Responsibilities-- Contract Times-- Changes in the Work..................................10.1 adjustment of, ,,,,,,, 3.5,4.1,9.4,10.3,12 Concerning Subcontractors,Suppliers Change of.................................................12.1-12.4 and Others......................................6.8-6.11 Commencement of.............................................2.3 Continuing the Work...........................6.29, 10.4 definition of..... ......... ......... ......... ......1.12 CONTRACTOR's expense,,,,,,,, ...............6.7.1 CONTRACTOR— CONTRACTOR's General Warranty Acceptance of Insurance...................................5.14 and Guarantee ...... ,,.,,,6.30 Communications........... ...I..... .........6.2,6.9.2 CONTRACTOR'S review prior to Shop Continue Work........................................6.29, 10.4 Drawing or Sample submittal................6.25 coordination and scheduling........ ................6.9.2 Coordination of Work,,,,,,,,,,,,, .......I.......6.9.2 definition of.................. .......... 13 Emergencies.,....._..... 6.23 Limited Reliance on Technical ENGINEER'S evaluation,Substitutes Data Authorized.........................................4.2.2 or"Or-Equal"Items.............................6.7.3 May Stop Work or Terminate... ,....... *,,,,,,,,,,,,,,,,.I5.5 For Acts and Omissions provide site access to others,,,,,,,,,,,,,,,,,,,,,,,7.2, 13.2 of Others,,,,,,,,,,,,............I....6.9.1-6.9.2,9.13 Safety and Protection...... .........4.3.1.2,6.16,6.18, for deductible amounts,insurance .................5.9 ......................................6.21-6.23,7.2,13.2 general.........................................61 7.2,7.3,8.9 Shop Drawing and Sample Review Hazardous Communication Programs.....,.,.,6.22 Prior to Submittal 6.25 Indemnification 6.31-6.33 vii EJCDC GENERAL CONDITIONS 1910-8(1990 EDITION) w/CITY OF FORT COLLINS MODIFICATIONS(REV 9199) Labor,Materials and Equipment..............6.3-6.5 CONTRACTORS--other,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,7 Laws and Regulation,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,6.14 Contractual Liability Insurance ,,,,,,,,, ......,,, .....5.4.10 Liability Insurance.... ......... .......5.4 Contractual Time Limits....... ......... 12.2 Article or Paragraph Article or Paragraph Number Number Notice of variation from Contract Coordination-- Documents...........................................6.27 CONTRACTORs responsibility........................6.9.2 Patent Fees and Royalties.............................6.12 Copies of Documents................................................2.2 Permits 6.13 Correction Period 13.12 Progress Schedule.........................................6 Acceptance.6 Correction,Removal or Record Documents.......................................6.19 of Defective Work-- related Work performed prior to in general...................................10.4.1, 13.10-13.14 ENGINEERs approval of required Acceptance of Defective Work..........................13.13 submittals 6.28 Correction or Removal of .............................................. safe structural loading.................................6.18 Defective Work.................................6.30, 13.11 Safety and Protection ........... ....6.20,7.2, 13.2 Correction Period.............................................13.12 Safety Representative...................................6.21 OWNER May Correct Defective Work............... Scheduling the Work ......... ................6.9.2 OWNER May Stop Work.............. ............_..13.10 Shop Drawings and Samples,,,,,,,,,,,,,,,,,,,,,,,6.24 Cost-- Shop Drawings and Samples Review of Tests and Inspections....................................13.4 by ENGINEER......................................6.26 Recordsll.7 Site Cleanliness 6.17 Cost of the Work-- Submittal Procedures............................ ......6.25 Bonds and insurance,additional...................11.4.5.9 Substitute Construction Methods Cash Discounts 11.4.2 and Procedures 6.7.2 CONTRACTORS Fee 11.6 Substitutes and"Or-Equal"Items................6.7.1 Employee Expenses,,,,,,,,,,,,,,,,,,............--,,,,..11.4.5.1 Superintendence.................... ........62 Exclusions to..................................................... 1.5 Supervision...................................................6.1 General 11.4-11.5 Survival of Obligations ........, „ ..............6.34 Home office and overhead expenses ,,,,,,,11.5 Taxes.........................................................6 15 Losses and damages.....................................11.4.5.6 Tests and Inspections...................................13.5 Materials and equipment,,,,,,,,,,,,....................11.4.2 To Report................. .......2 5 Minor expenses............... Use of Premises.....................6.16-6.18,6.30.2.4 Payroll costs on changes 11.4.1 ..,.,..,.,,,...,...,.,..,,,,,,,,, Review Prior to Shop Drawing or performed by Subcontractors......... ..............11.4.3 Sample Submittal........................................6.25 Recordsll.7 Right to adjustment for changes in the Work.....10.2 Rentals of construction equipment right to claim.,..........4,7.1,9.4,9.5,9.11,10.2,11.2, and machinery.......................................11.4.5.3 ..........11.9, 12.1,13.9, 14.8,15.1,15.5, 17.3 Royalty payments,permits and Safety and Protection,,,,,...*... ,,,,,,6.20-6.22,7.2, 13.2 license fees............................................11.4.5.5 Safety Representative..... ...............................6.21 Site office and temporary facilities. ...........11.4.5.2 Shop Drawings and Samples Submittals.....6.24-6.28 Special Consultants,CONTRACTORs............11.4.4 Special Consultants........................................11.4.4 Supplemental.............................._..................11.4.5 Substitute Construction Methods and Procedures 6.7 Taxes related to the Work 11.4.5.4 Substitutes and"Or-Equal"Items, Tests and Inspection.........................................13.4 Expense...........................................6.7.1,6.7.2 Trade Discounts..............................................11.4.2 Subcontractors,Suppliers and Others,,,,,,,,,,6.8-6.11 Utilities,fuel and sanitary facilities..............11.4.5.7 Supervision and Superintendence..........6.1,6.2,6.21 Work after regular hours.................................11.4.1 Taxes,Payment by...........................................6.15 Covering Work...............................................13.6-13.7 Use of Premises 6.16-6.18 Cumulative Remedies 17.4-17.5 Warranties and guarantees.........................6.5,6.30 Cutting,fitting and patching....................................7.2 Warranty of Title,,,,,,,,,,, 14.3 Data,to be famished by OWNER..............................$3 ........ Written Notice Required-- Day--definition of................................................17.2.2 CONTRACTOR stop Work or terminate........15.5 Decisions on Disputes ......... ........ .......9.11,9.12 Reports of Differing Subsurface defective--definition of..........................................1.14 and Physical Conditions.......................4.2.3 defective Work-- Substantial Completion................................14.8 Acceptance of.......................................10.4.1, 13.13 viii EJCDC GENERAL CONDITIONS 1910-8(1990 EDITION) w/CITY OF FORT COLLINS MODIFICATIONS(REV 9/99) Correction or Removal of......................10.4.1, 13.11 OWNER's Representative.., 9.1 Correction Period............ ..............13.12 Payments to the CONTRACTOR, in general.........................................13, 14.7, 14.11 Responsibility for.....................................9.9,14 Recommendation of Payment......... ........14.4, 14.13 Article or Paragraph Number Article or Paragraph Number Observation by ENGINEER................................9.2 OWNER May Stop Work.................................13.10 Responsibilities--Limitations on.................. 9.11-9.13 Prompt Notice of Defects ......... .................13.1 Review of Reports on Differing Subsurface Rejecting...........................................................9.6 and Physical Conditions.............................4.2.4 Uncovering the Work.......................................13.8 Shop Drawings and Samples,review Definitions .............. ................................................. .1 responsibility....................._......................6.26 Delays ................................4.1,6.29,12.3-12.4 Status During Cmstruction-- Delivery of Bonds.....................................................2.1 authorized variations in the Work.................9.5 Delivery of certificates of insurance..... ......... .......2.7 Clarifications and Interpretations......... .......9.4 Determinations for Unit Prices................................9.10 Decisions on Disputes.......................... Differing Subsurface or Physical Conditions-- Determinations on Unit Price„ ................9.10 Notice of,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,, 4.2.3 ENGINEER as Initial Interpreter..........9.11-9.12 ENGINEERS Review..... ... .............. 4.2.4 ENGINEER's Responsibilities.. _..9.1-9.12 Possible Contract Documents Change..............4.2.5 Limitations on ENGINEER's Authority Possible Price and Times Adjustments..............4.2.6 and Responsibilities.... _..........................9.13 Discrepancies-Reporting OWNER'S Representative........ ......... .....9.1 and Resolving................................2.5,3.3.2,6.14.2 Project Representative............. „ ........9.3 . ........... Dispute Resolution-- Rejecting Defective Work„............................9.6 Agreement........... .................... *................ 16.1-16.6 Shop Drawings,Change Orders Arbitration....... ......... ......... ..........16.1-16.5 and Payments....................................9.7-9.9 generall6 Visits to Site.................................................P.2 Mediation 1.6.6 Unit Price determinations 9.10 Dispute Resolution Agreement.........................16.1-16.6 Visits to Site.......................................................9.2 Disputes,Decisions by ENGINEER..... .........9.11-9.12 Written consent required.. ...... ...........7.2,9.1 Documents-- Equipment,Labor,Materials and.......................6.3-6.5 Copies of...........................................................2.2 Equipment rental,Cost of the Work...................11.4.5.3 Record 6.19 Equivalent Materials and Equipment... .................6.7 Reuse of 3.7 error or omissions 6.33 Drawings--definition of...........................................1.15 Evidence of Financial Arrangements*......................8.11 Easements ............ 4.1 Explorations of physical conditions..... ...............4.2.1 Effective date of Agreement--definition of..............1.16 Fee,CONTRACTOR's--Costs Plus...........................11.6 Emergencies............................................ ....... ......6.23 Field Order-- ENGINEER- definition of 1.19 ....................................................... as initial interpreter on disputes.................9.11-9.12 issued by ENGINEER ....... **"**''** ,..3.6.1,9.5 definition of............................... 1.17 Final Application for Payment ........_ ............._.14.12 Limitations on authority and responsibilities.....9.13 Final Inspection * 14.11 Replacement of..................................................8.2 Final Payment-- Resident Project Representative.... ......... .......9.3 and Acceptance.....................................14.13-14.14 ENGINEER's Consultant--definition of......... .......1.18 Prior to,for cash allovances ......... ...............11.8 ENGINEER's-- General Provisions 17.3-17.4 authority and responsibility,limitations on........9.13 General Requirements-- Authorized Variations in the Work 9.5 definition of 1.20 Change Orders,responsibility foK.......9.7,10, 11, 12 principal references to..............2.6,6.4,6.6-6.7,6.24 Clarifications and Interpretations..............3.6.3,9.4 Giving Notice.........................................................17.1 Decisions on Disputes................. ........9.11-9.12 Guarantee of Work--by CONTRACTOR......... .30, 14.12 defective Work,notice of...................................13.1 Hazard Communication Programs..........................6.22 Evaluation of Substitute Items 6.7.3 Hazardous Waste-- .............................. Liability...................................................6.32,9.12 definition of.....................................................1.21 Notice Work is Acceptable...............................14.13 general .............................................................4.5 Observations...........................................6.30.2,9.2 OWNER'S responsibility for_...............................8.10 ix EJCDC GENERAL CONDITIONS 1910-8(1990 EDITION) w/CITY OF FORT COLLINS MODIFICATIONS(REV 9199) Indemnification..............................6.12,6.16,6.31-6.33 Insurance...........................................................5.3 Initially Acceptable Schedules...................................2.9 Precedence*....*.......**...*...*.......................,3.1,3.3.3 Inspection-- Reference to..... ........ ......_ ._..... ........3.3.1 Certificates of..............................9.13.4, 13.5, 14.12 Safety and Protection 6.20, 13.2 Final ......... ......... ............................14.11 Subcontractors,Suppliers and Others............6.8-6.11 Article or Paragraph Article or Paragraph Number Number Special,required byENGINEER.........................9.6 Tests and Inspections...................................13.5 Tests and Approval.............................8.7, 13.3-13.4 Use of Premises.....................................................6.16 Insurance-- Visits to Site 9.2 ........................................................ Acceptance of,by OWNER...............................5.14 Liability Insurance-- Additional,required by changes CONTRACTORs...............................................5.4 in the Work 11.4.5.9 OWNERS 5.5 Before starting the Work.....................................2.7 Licensed Sureties and Insurers.................................5.3 Bonds and--in general... ......... ........5 Liens-- ......... Cancellation Provisions....................................5.8 Application for Progress Payment......................14.2 Certificates of..................2.7,5,5.3,5.4.11,5.4.13, CONTRACTORS Warranty of Title ......... .......14.3 .......................5.6.5,5.8,5.14,9.13.4, 14.12 Final Application for Payment..........................1.4.12 5.4.13 definition of,,,,,,,,,,,,,,,,,,,completed operations............................... ,,,,,_,,, ,,,,,,,,, ,,,,,,1.23 CONTRACTORS Liability..................................5.4 Waiver of Claims.............................................14.15 CONTRACTORS objection to coverage.............5.14 Limitations on ENGINEERS authority and Contractual Liability......................................5.4.10 responsibilities.................................... .......9.13 deductible amounts,CONTRACTORS Limited Reliance by CONTRACTOR responsibility................................................5.9 Authorized......................................................4.2.2 Final Application for Payment........................14.12 Maintenance and Operating Manuals-- Licensed Insurers 5.3 Final Application for Payment,,,,,,,,,,,,,,,,,,,,,,,,,14.12 Notice requirements,material changes........5.8, 10.5 Manuals(of others)-- Option to Replace............................. .... ..........5.14 Precedence...................................................3.3.3.1 other special insurances....................................5.10 Reference to in Contract Documents.................3.3.1 OWNER as fiduciary for insureds ..........5.12-5.13 Materials and equipment-- OWNERs Liability............................................5.5 furnished by CONTRACTOR..............................6.3 OWNER's Responsibility....................................8.5 not incorporated in Work...................................14.2 Partial Utilization,Property Insurance....... .......5.15 Materials or equipment--equivalent.... ......... .......6.7 Property....................................................5.6-5.10 Mediation(Optional)..............................................16.7 Receipt and Application of Insurance Milestones--definition of........................................1.24 Proceeds.... 5.12-5.13 Miscellaneous-- ........................................... Special Insurance.............................................5.10 Computation of Times........................................17.2 Waiver of Rights............................ .................5.11 Cumulative Remedies...... ......... ....__......... Intent of Contract Documents ......... ............3.1-3.4 Giving Notice.... ......... ......... ......... .......17.1 Interpretations and Clarifications....... ..........3.6.3,9.4 Notice of Claim. ... .... 17.3 Investigations of physical conditions........ .................4.2 Professional Fees and Court Costs Included.........17.5 Labor,Materials and Equipment..........................6.3-6.5 Multi-prime contracts.................................................. Lands-- Not Shown or Indicated 4.3.2 and Easements 8.4 Notice of-- .................................................... Availability of.............................................4.1,8.4 Acceptability of Project....................................14.13 Reports and Tests .......8.4 Award,definition of......, .1.25 Laws and Regulations--Laws or Regulations-- Claim .. ..._ .......... ............................................17.3 Bonds ........................................................5.1-5.2 Defects,13.1 Changes in the Work........................................10.4 Differing Subsurface or Physical Conditions.....,4.2.3 Contract Documents...........................................3 1 Giving 17.1 CONTRACTORS Responsibilities.....................6.14 Correction Period,defective Work....................13.12 Tests and Inspections........................................13.3 Cost of the Work,taxes........ ...... ............11.4.5.4 Variation,Shop Drawing and Sample.,...............6.27 defmition of 1.22 Notice to Proceed-- ....................................................... genera16.14 definition of.... ................. ................ **......... ,.,._1.26 Indemnification..........................._...........6.31-6.33 giving of...........................................................2.3 x EJCDC GENERAL CONDITIONS 1910-8(1990 EDITION) w/CITY OF FORT COLLINS MODIFICATIONS(REV 9/99) Notification to Surety...................................I..........10.5 testing,independent.........................................13.4 Observations,by ENGINEER ..... 6.30,9.2 use or occupancy Occupancy of the Work...................5.15,6.30.2.4, 14.10 of the Wolk.........................5.15,6.30.2.4,14.10 Omissions or acts by CONTRACTOR...............6.9,9.13 written consent or approval Open Peril policy form,Insurance..........................5.6.2 required.........................................9.1,6.3, 11.4 Option to Replace................. ......... ......... ......5.14 Article or Paragraph Number "Or Equal"Items......................................................6.7 Other work 7 Overtime Work--prohibition of.................................6.3 OWNER-- Acceptance of defective Work..........................13.13 appoint an ENGINEER......................................8.2 as fiduciary...............................................5.12-5.13 Availability of Lands,responsibility....................4.1 definition ... of 1.27 . ........ .......... ................................. data,furnish......................................................8.3 May Correct Defective Work...........................1.3.14 May refuse to make payment.............................14.7 May Stop the Work............................I.............13.10 May Suspend Work, Terminate..........*....... .......8.8,13.10, 15.1-15.4 Payment,make prompt.....................8.3, 14.4, 14.13 performance of other work..................................7.1 permits and licenses,requirements...................6.13 purchased insurance requirements...............5.6-5.10 OWNERS-- Acceptance of the Work..............................6.30.2.5 Change Orders,obligation to execute.........,8.6, 10.4 Communications 8.1 ................................................. Coordination of the Work 7.4 ................................... Disputes,request for decision............................9.11 Inspections,tests and approvals..................8.7, 13.4 Liability Insurance..............................................5.5 Notice of Defects 13.1 ............................................... Representative--During Construction, ENGINEER's Status 9.1 Responsibilities— Asbestos,PCBs,Petroleum,Hazardous Waste or Radioactive Material 8.10 ................. Change Orders..............................................8.6 Changes in the Work...................................10.1 communications 8.1 ............................................. CONTRACTOR's responsibilities................I... .9 evidence of financial arrangements...............8.11 inspections,tests and approvals.....................8.7 insurance 8.5 ....................................................... lands and easements.....................................8.4 prompt payment by........................................8.3 replacement of ENGINEER...........................8.2 reports and tests............................................8.4 stop or suspend Work..................8.8, 13.10, 15.1 terminate CONTRACTOR's services..........................................8.8, 15.2 separate representative at site..............................9.3 Xi EJCDC GENERAL CONDITIONS 1910-8(1990 EDITION) w/CITY OF FORT COLLINS MODIFICATIONS(REV 9199) Article or Paragraph Article or Paragraph Number Number written notice required........................7.1,9.4,9.11, Shown or Indicated................................................4.3.1 ............. ......... .........11.2,11.9, 14.7, 15.4 Technical Data ......... ......... ......... ......4.2.2 PCBs-- Preconstruction Conference 2.8 ........................................ definition of......................................................1.29 Preliminary Matters.....................................................2 general..............................................................4.5 Preliminary Schedules..............................................2.6 OWNER's responsibility for.._._..........................8.10 Premises,Use of............................................... 6.16-6.18 Partial Utilization-- Price,Change of Contract.... ......... ....................11 definition of.....................................................1.28 Price,Contract--definition of 1.11..,..............._.....,...__.... general 6.30.2.4, 14.10 Progress Payment,Applications for..........................14.2 Property Insurance............................................5.15 Progress Payment--retainage...................................14.2 Patent Fees and Royalties........................................6.12 Progress schedule,CONTRACTOR's............2.6,2.8,2.9, Payment Bonds...................................................5.1-5.2 ........ ........ ............... 6.6,6.29, 10.4,15.2.1 Payments,Recommendation of..............14.4-14.7,14.13 Project--definition of...............................................1.31 Payments to CONTRACTOR and Completion-- Project Representative-- Application for ProgressPayments.......................14.2 ENGINEER's Status During Construction............ 9.3 CONTRACTOR's Warranty of Title...................14.3 Project Representative,Resident--definition of.........1.33 Final Application for Payment.........................14.12 prompt payment by OWNER.....................................8.3 Final Inspection.............. ......... ..............14.11 Property Insurance-- Final Payment and Acceptance...............14.13-14.14 Additional.........................................................5.7 general......................... .............8.3, 14 general5.6-5.10 Partial Utilization............ 14.10 Partial Utilization................................5.15, 14.10.2 Retainage..........................................................1.4.2 receipt and application of proceeds ..........5.12-5.13 Review of Applications for Protection,Safety and..............................6.20-6.21, 13.2 Progress Payments...............................14.4-14.7 Punch list ...........................................................I4.11 prompt payment..................................................8.3 Radioactive Material-- Schedule of Values 14.1 defintion of 1.32 Substantial Completion.............................1.4.8-14.9 general4.5 Waiver of Claims ,,,,,,,,14.15 OWNER's responsibility for....... ,,,.,,,,.,,.,,,,,,,.,,8.10 when payments due........ ......... ........14.4,14.13 Recommendation of Payment ............14.4, 14.5, 14.13 withholding payment.........................................14.7 Record Documents........................................6.19, 14.12 5 Performance Bonds............................................. .1-5.2 Records,procedures for maintaining..........................2.8 Permits 6.13 Reference Points 4.4 Petroleum-- Reference to Standards and Specifications definition of 1.30 of Technical Societies 3.3 general..............................................................4.5 Regulations,Laws and(or)......................................6.14 Rejecting Defective Work..........................................9.6 OWNER's responsibility for...............................8.10 Related Work-- Physical Conditions-- at Site "'*...**... *...***"**''*........:.....................7.1-7.3 Drawings of,in or relating to........................4.2.1.2 Performed prior to Shop Drawings ENGINEER'S review,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,4.2.4 and Samples submittals review,,,,,,,,,,,,,,,,,,,,6.28 existing structures ......... ......... ...............4.2.2 Remedies,cumulative........................ ._.......17.4,17.5 general 4.2.1.2.......................................................... Removal or Correction ofDefective Work................13.11 Notice of Differing Subsurface or.. ......... ......4.2.3 rental agreements,OWNER approval required.....11.4.5.3 Possible Contract Documents Change...............4.2.5 replacement of ENGINEER,by OWNER.....................8.2 Possible Price and Times Adjustments..............4.2.6 Reporting and Resolving Reports and Drawings......................................4.2.1 Discrepancies.................................2.5,3.3.2,6.14.2 Subsurface and... ......... „4.2 Reports-- ......... ......... ..... Subsurface Conditions...................................4.2.1.1 and Drawings.................................................. Technical Data,Limited Reliance by and Tests,OWNER's responsibility.....................8A CONTRACTOR Authorized........................4.2.2 Resident and Project Representative-- Underground Facilities-- definition of.....I..............................................1.33 general........................................................4.3 4 Not Shown or Indicaed .3.2 ................................ Protection of.........................................4.3,6.20 provision for............................................................9.3 xii EJCDC GENERAL CONDITIONS 1910-8(1990 EDITION) w/CITY OF FORT COLLINS MODIFICATIONS(REV 9/99) Article or Paragraph Number Article or Paragraph Number Resident Superintendent,CONTRACTOR's................6.2 Responsibilities-- submittal required...............................................6.24.1 CONTRACTOR's-in general..................................6 Submittal Procedures......, ......... ................6.25 use to approve substitutions ..I...... ...............6.7.3 Shown or Indicated 4.3.1 ENGINEER's-in general........................................9 Site Access......................................................7.2, 13.2 Limitations on 9.13 Site Cleanliness .6.17 ...................................................... . OWNER's-in general.............................................8 Site,Visits to-- Retainage ............................................................14 2 by ENGINEER...........................................9.2, 13.2 Reuse of Documents.................................................3.7 by others..........................................................13.2 Review by CONTRACTOR: Shop Drawings "special causes of loss"policy form, and Samples Prior to Submittal..........................6.25 insurance.......................................................5.6.2 Review of Applications for definition of.....................................................1.36 Progress Payments.....................................14.4-14.7 Specifications-- Right to an adjustment...........................................10.2 defination of........................ * 1.36 Rights of Way............................... ..............4.1 of Technical Societies,reference to..................3.3.1 Royalties,Patent Fees and..... .... ...............6.12 precedence...................................................... .3.3 Safe Structural Loading...................... ...............6.18 Standards and Specifications Safety-- of Technical Societies........................................3.3 and Protection................................4.3.2,6.16,6.18, Starting Construction,Before ......... .............2.5-2.8 .6.20-6.21,7.2, 13.2 Starting the Work....................................................2A general...................................... ..............6.20-6.23 Stop or Suspend Work-- Representative,CONTRACTOR's.. ...............6.21 by CONTRACTOR...........................................15.5 Samples-- by OWNER...... ......... ..............8.8, 13.10, 15.1 definition of1.34 Storage of materials and equipment.....................4.1,7.2 general ......... ......... ......... .6.24-6.28 Structural Loading,Safety..... ......... .................6.18 Review by CONTRACTOR................................6.25 Subcontractor-- Review by ENGINEER..............................6.26,6.27 Concerning................................................6.8-6.11 related Work 6.28 definition of 1.37 submittalof...................................................6.24.2 delays ............................................................12.3 submittal procedures.........................................6.25 waiver of rights.............................._.................6.11 Schedule of progress ......... 2........... .6,2.8-2.9,6.6, Subcontractors--in general.... ......... .......... 6 6.8- .11 ............. ......... ..........6.29, 10.4, 15.2.1 Subcontracts--required provisions........,5.11,6.11, 11.4.3 Schedule of Shop Drawing and Sample Submittals-- Submittals..............................2.6,2.8-2.9,6.24-6.28 Applications for Payment...,,, 14.2 Schedule of Values..............................2.6,2.8-2.9,14.1 Maintenance and Operation Manuals..............14.12 Schedules-- Procedures 6.25 ........................................................ Adherence to15.2.1 Progress Schedules......................................2.6,2.9 Adjusting...........................................................6.6 Samples...................................................6.24-6.28 Change of Contract Times.................................10.4 Schedule of Values.....................................2.6, 14.1 Initially Acceptable......... ...._.._...2.8,2.9 Schedule of Shop Drawings and Samples Preliminary........................................................2.6 Submissions......................................2.6,2.8-2.9 Scopeof Changes....................................... Shop Drawings......................................................................... Subsurface Conditions........................................4.2.1.1 Substantial Completion-- Shop Drawings-- certification of............................6.30.2.3, 14.8-14.9 and Samples,general................................6.24-6.28 definition of......................................................1.38 Change Orders&Applications for Substitute Construction Methods or Procedures........6.7.2 Payments,and.........................................9.7-99 Substitutes and"Or Equal"Items............................... 6.7 definition of...... ......... ...............,1.35 CONTRACTOR's Expense ......... ............6.7.1.3 ENGINEER's approval of............. ..............3.6.2 ENGINEER's Evaluation.................................6.7.3 ENGINEER's responsibility "Or-Equal".................... ......... .............6.7.1.1 for review, ...*.................. *"**........ .7,6.24-6.28 Substitute Construction Methods related Work....................................................6.28 review procedures...............................2.8,6.24-6.28 xui EJCDC GENERAL CONDITIONS 1910-8(1990 EDITION) w/CITY OF FORT COLLINS MODIFICATIONS(REV 9199) Temporary construction facilities............................ 4.1 Article or Paragraph Article or Paragraph Number Number or Procedures 6.7.2 Term ination-- .............................................. Substitute Items............................................6.7.1.2 by CONTRACTOR..................................I.........15.5 Subsurface and Physical Conditions-- by OWNER........................................8.8, 15.1-15.4 Drawings of,in or relathg to........................4.2.1.2 of ENGINEER's employment..............._..............8.2 ENGINEER'S Review..... ......... ...............4.2.4 Suspension of Work-in general,,,,, 15 general..............................................................4.2 Terms and Adjectives..............................................3.4 Limited Reliance by CONTRACTOR Tests and Inspections-- Authorized................................................4.2.2 Access to the Work,by others.............................13.2 Notice of Differing Subsurface or CONTRACTOR's responsibilities. ......... .......13.5 Physical Conditions......................................I...4.2.3 cost of 13.4 Physical Conditions.......................................4.2.1.2 covering Work prior to ... 13.6-13.7 Possible Contract Documents Change...............4.2.5 Laws and Regulations(or)................................13.5 Possible Price andTimes Adjustments...............4.2.6 Notice of Defects.......,,_„ ......... .................13.1 Reports and Drawings.................. ................4.2.1 OWNER May Stop Work .......*. "'*",_,,..._.,13.10 Subsurface and.. _........ 4.2 OWNER's independent testing .13.4 Subsurface Conditions at the Site...................4.2.1.1 special,required by ENGINEER..........................9.6 Technical Data.................................................4.2.2 timely notice required.......................................13.4 Supervision-- Uncovering the Work,at ENGINEER'S CONTRACTOR'sresponsibility..........................6.1 request..................,...............I..............13.8-13.9 OWNER shall not supervise...,. ...8.9 Times-- ENGINEER shall not supervise................9.2,9.13.2 Adjusting...........................................................6.6 Superintendence................... ............6.2 Change of Contract 12 Superintendent,CONTRACTOR s resident............ ..6.2 Computation of.................................................17.2 Supplemental costs,,,,,,,,,,,,,,,,,,,,,,,, ...........11.4.5 Contract Times--definition of,,.,, ......... .......1.12 Supplementary Conditions-- day ......................... .. .._...........1.7.2.2 definition of 1.39 Milestones 12 principal references to.................1.10, 1.18,2.2,2.7, Requirements-- .......................4.2,4.3,5.1,5.3,5.4,5.6-5.9, appeals.................................................9.10, 16 ................5.11,6.8,6.13,7.4,8.11,9.3,9.10 clarifications, Supplementing Contract Documents.........................3.6 claims and disputes..................9.11, 11.2, 12 Supplier-- Commencement of Contract Times................2.3 definition of 1.40 Preconstruction Conference 2.8 principal references to...........3.7,6.5,6.8-6.11,6.20, schedules ,,,,,,,,,,,,,2.6,2.9,6.6 ............. ......... ............6.24,9.13,14.12 Starting the Work.... 2. Waiver of Rights...............................................6.11 Title,Warranty of...................................................14.3 Surety-- Uncovering Work.....................I............ ..... 13.8-13.9 consent to final payment........................14.12,14.14 Underground Facilities,Physical Conditions-- ENGINEERhasnodutyto................................9.13 definition of,,,,,,,,,,,,,,,,,,,,.,,,,...........................1.41 Notification of..................................10.1, 10.5, 15.2 Not Shown cr Indicated...................................4.3.2 qualification of, ......... ............5.1-5.3 protection of,,,,, ,,,,,,,,,,,, 4.3,6.20 Survival of Obligations................................I..........6.34 Shown or Indicated.......................................... Suspend Work,OWNER May.......................j3.10, 15.1 Unit Price Work-- Suspension of Work and Termination--......................15 claims ................,,,,,,,,,,,,,,._.........................1.1.9.3 CONTRACTOR May Stop Work definition of.... ......... ......... ......... .......1.42 or Terminate...............................................15.5 genera111.9, 14.1, 14.5 OWNER May Suspend Work......... ......... ......1.5.1 Unit Prices-- OWNER MayTerminate............................. generall1.3.1 Taxes--Payment by CONTRACTOR.......................6.15 Determination for.............................................9.10 Technical Data-- Use of Premises...... ......... .........6.16,6.18,6.30.2.4 Limited Reliance by CONTRACTOR................4.2.2 Utility owners............ ...............6.13,6.20,7.1-7.3, 13.2 Possible Price and Times Adjustments..............4.2.6 Utilization,Partial,. ............1.28,5.15,6.30.2.4, 14.10 Reports of Differing Subsurface and Value of the Work..................................................11.3 Physical Conditions....................................4.2.3 Values,Schedule of ......... ............2.6,2.8-2.9,14.1 xiv EJCDC GENERAL CONDITIONS 1910-8(1990 EDITION) w/CITY OF FORT COLLINS MODIFICATIONS(REV 9/99) Variations in Work--Minor Authorized........................................6.25,6.27,9.5 Article or Paragraph Number Visits to Site--by ENGINEER....................................9.2 Waiver of Claims--on Final Payment......................14.15 Waiver of Rights by insured parties..................5.11,6.11 Warranty and Guarantee,General--by CONTRACTOR..................................I.............6.30 Warranty of Title,CONTRACTORS.......................14.3 Work-- Accessto..........................................................13.2 byothers...............................................................7 Changes in the....................................................10 Continuing the..................................................6.29 CONTRACTOR May Stop Work or Terminate 15.5 ................................................ Coordination of 7.4 .................................................... Cost of the.................................................11.4-11.5 definition of 1.43 ........................................................ neglected by CONTRACTOR...........................1.3.14 otherWork............................................................7 OWNER May Stop Work............. .........I.........13.10 OWNER May Suspend Work.„................13.10, 15.1 Related,Work at Site.....................................7.1-7.3 Starting the........................................................2.4 Stopping by CONTRACTOR.............................1.5.5 Stopping by OWNER.................................15.1-15.4 Variation and deviation authorized,minor...........3.6 Work Change Directive-- claims pursuant to.............................................10.2 definition of 1.44 ........................................................ principal references to.....................3.5.3, 10.1-10.2 Written Am endm ent-- definition of 1.45 ........................................................ principal references to...............1.10,3.5,5.10,15.12, ........................6.6.2,6.8.2,6.19, 10.1, 10.4, ............................11.2, 12.1,13.12.2,14.7.2 Written Clarifications and Interpretations...................................3.6.3,9.4,9.11 Written Notice Required-- by CONTRACTOR............................7.1,9.10-9.11, ...........................................10.4, 11.2, 12.1 by OWNER....................9.10-9.11, 10.4, 11.2, 13.14 xv EJCDC GENERAL CONDITIONS 1910-8(1990 EDITION) w/CITY OF FORT COLLINS MODIFICATIONS(REV 9199) (This page left blank intentionally) xvi EJCDC GENERAL CONDITIONS 1910-8(1990 EDITION) w/CITY OF FORT COLLINS MODIFICATIONS(REV 9/99) GENERAL CONDITIONS same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives,Field Orders and ENGINEER's ARTICLE 1—DEFINITIONS written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1 and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and 6.27 and the Wherever used in these General Conditions or in the other reports and drawings referred to in paragraphs 4.2.1 and Contract Documents the following terms have the 4.2.2 are not Contract Documents. meanings indicated which are applicable to both the singular and plural thereof: 1.11. Contract Price—The moneys payable by OWNER to CONTRACTOR for completion of the Work 1.1. Addenda--Written or graphic instruments issued in accordance with the Contract Documents as stated in prior to the opening of Bids which clarify, correct or the Agreement (subject to the provisions of change the Bidding Requirements or the Contract paragraph 11.9.1 in the case of Unit Price Work). Documents. 1.12. Contract Times—The numbers of days or the 1.2. Agreement—The written contract between OWNER dates stated in the Agreement: (i)to achieve Substantial and CONTRACTOR covering the Work to be performed, Completion, and(ii)to complete the Work so that it is other Contract Documents are attached to the Agreement ready for final payment as evidenced by ENGINEEWs and made a part thereof as provided therein. written recommendation of final payment in accordance with paragraph 14.13. 1.3. Application for Payment—The form accepted by ENGINEER which is to be used by CONTRACTOR in 1.13. CONTRACTOR--The person,firm or corporation requesting progress or final payments and which is to be with whom OWNER has entered into the Agreement. accompanied by such supporting documentation as is required by the Contract Documents. 1.14. defective—An adjective which when modifying the word Work refers to Work that is unsatisfactory,faulty 1.4. Asbestos--Any material that contains more than one or deficient in that it does not conform to the Contract percent asbestos and is friable or is releasing asbestos fibers Documents, or does not meet the requirements of any into the air above current action levels established by the inspection,reference standard,test or approval referred to United States Occupational Safety and Health in the Contract Documents,or has been damaged prior to Administration. ENGINEERs recommendation of final payment (unless responsibility for the protection thereof has been assumed 1.5. Bid—The offer or proposal of the bidder submitted by OWNER at Substantial Completion in accordance with on the prescribed form setting forth the prices for the Work paragraph 14.8 or 14.10). to be performed. 1.15. Drawings--The drawings which show the scope, 1.6. Bidding Documents—The advertisement or extent and character of the Work to be furnished and invitation to Bid,instructions to bidders,the Bid form,and performed by CONTRACTOR and which have been the proposed Contract Documents(including all Addenda prepared or approved by ENGINEER and are referred to issued prior to receipt of Bids). in the Contract Documents. Shop drawings are not Drawings as so defined. 1.7. Bidding Requirements--The advertisement or invitation to Bid,instructions to bidders,and the Bid form. 1.16. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, 1.8. Bonds--Performance and Payment bonds and other but if no such date is indicated it means the date on which instruments of security. the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.9. Change Order—A document recommended by ENGINEER, which is signed by CONTRACTOR and 1.17. ENGINEER—The person, firm or corporation OWNER and authorizes an addition,deletion or revision in named as such in the Agreement. the Work, or an adjustment in the Contract Price or the Contract Times,issued on or after the Effective Date of the 1.18. ENGINEER's Consultant--A person, firm or Agreement corporation having a contract with ENGINEER to furnish services as ENGINEER's independent professional 1.10. Contract Documents—The Agreement, Addenda associate or consultant with respect to the Project and who (which pertain to the Contract Documents), is identified as such in the Supplementary Conditions. CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation 1.19. Field Order—A written order issued by submitted prior to the Notice of Award)when attached as ENGINEER which orders minor changes in the Work in an exhibit to the Agreement, the Notice to Proceed, the accordance with paragraph 9.5 but which does not involve Bonds, these General Conditions, the Supplementary a change in the Contract Price or the Contract Times. Conditions, the Specifications and the Drawings as the EJCDC GENERAL CONDITIONS 1910.8(1990 Edition) 1 w/CITY OF FORT COLLINS MODIFICATIONS(REV 42000) 1.20. General Requirements—Sections of Division 1 of 1954 (42 USC Section 2011 et seq.) as amended from the Specifications. time to time. 1.21. Hazardous Waste—The term Hazardous Waste shall 1.32.b. Regular Working Hours-Regular working hours have the meaning provided in Section 1004 of the Solid are defined as 7:00arn to 6:00pm unless otherwise Waste Disposal Act (42 USC Section 6903) as amended specified in the General Requirements. from time to time. 1.33. Resident Project Representative—The authorized 1.22.a. Laws and Regulations;Laws or Regulations--Any representative of ENGINEER who may be assigned to the and all applicable laws, rules, regulations, ordinances, site or any part thereof codes and orders of any and all governmental bodies, agencies,authorities and courts having jurisdiction 1.34. Samples--Physical examples of materials, equipment, or workmanship that are representative of 1.22.b.Legal Holidays--shall be those holidays observed some portion of the Work and which establish the by the City of Fort Collins. standards by which such portion of the Work will be judged 1.23. Liens--Liens, charges, security interests or encumbrances upon real property or personal property. 1.35. Shop Drawings--All drawings, diagrams, illustrations, schedules and other data or information 1.24. Milestone--A principal event specified in the which are specifically prepared or assembled by or for Contract Documents relating to an intermediate completion CONTRACTOR and submitted by CONTRACTOR to date or time prior to Substantial Completion of all the illustrate some portion of the Work. Work. 1.36. Specifications—Those portions of the Contract 1.25. Notice ofAward--A written notice by OWNER to Documents consisting of written technical descriptions of the apparent successful bidder stating that upon compliance materials,equipment,construction systems,standards and by the apparent successful bidder with the conditions workmanship as applied to the Work and certain precedent enumerated therein, within the time specified, administrative details applicable thereto. OWNER will sign and deliver the Agreement. 1.37. Subcontractor--An individual,firm or corporation 1.26. Notice to Proceed—A written notice given by having a direct contract with CONTRACTOR or with any OWNER to CONTRACTOR(with a copy to ENGINEER) other Subcontractor for the performance of a part of the fixing the date on which the Contract Times will Work at the site. commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the 1.38. Substantial Completion--The Work (or a Contract Documents. specified part thereof)has progressed to the point where, in the opinion of ENGINEER as evidenced by 1.27. OWNER—The public body or authority, ENGINEER's definitive certificate of Substantial corporation, association, firm or person with whom Completion,it is sufficiently complete,in accordance with CONTRACTOR has entered into the Agreement and for the Contract Documents, so that the Work (or specified whom the Work is to be provide& part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the 1.28. Partial Utilization—Use by OWNER of a Work is complete and ready for final payment as substantially completed part of the Work for the purpose evidenced by ENGINEER's written recommendation of for which it is intended (or a related purpose) prior to final payment in accordance with paragraph 14.13. The Substantial Completion of all the Work. terns "substantially complete" and "substantially completed" as applied to all or part of the Work refer to 1.29. PCBs—Polychlorinated biphenyls. Substantial Completion thereof. 1.30. Petroleum--Petroleum, including crude oil or any 1.39. Supplementary Conditions—The part of the fraction thereof which is liquid at standard conditions of Contract Documents which amends or supplements these temperature and pressure (60 degrees Fahrenheit and General Conditions. 14.7 pounds per square inch absolute), such as oil, petroleum,fuel oil,oil sludge,oil refuse,gasoline,kerosene 1.40. Supplier—A manufacturer, fabricator, supplier, and oil mixed with other non-Hazardous Wastes and crude distributor,materialman or vendor having a direct contract oils. with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the 1.31. Project—The total construction of which the Work Work by CONTRACTOR or any Subcontractor. to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract 1.41. Underground Facilities—All pipelines, conduits, Documents. ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments,and any encasements 1.32.a. Radioactive Material—Source, special nuclear, or containing such facilities which have been installed byproduct material as defined by the Atomic Energy Act of underground to furnish any of the following services or EJCDC GENERAL CONDITIONS 1910-8(1990 Edition) 2 w1 CITY OF FORT COLLINS MODIFICATIONS(REV 412000) materials: electricity, gases, steam, liquid petroleum if a Notice to Proceed is given,on the day indicated in the products, telephone or other communications, cable Notice to Proceed. A Notice to Proceed may be given at television, sewage and drainage removal, traffic or other any time within thirty days after the Effective Date of the control systems or water. Agreement. I me event will the Contrast Times eeramence to am latu than the si�didh day after the day 1.42. Unit Price Work—Work to be paid for on the basis of unit prices. of the Agreement,..•hiel.ever date: earlier. 1.43. Work--The entire completed construction or the Starting the Work: various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes 2.4. CONTRACTOR shall start to perform the Work and is the result of performing or fiunishing labor and on the date when the Contract Times commence to run, furnishing and incorporating materials and equipment into but no Work shall be done at the site prior to the date on the construction,and performing or famishing services and which the Contract Times commence to run furnishing documents, all as required by the Contract Documents. Before Starting Construction: 1.44. Work Change Directive—A written directive to 2.5. Before undertaking each part of the Work, CONTRACTOR, issued on or after the Effective Date of CONTRACTOR shall carefully study and compare the the Agreement and signed by OWNER and recommended Contract Documents and check and verify pertinent by ENGINEER ordering an addition, deletion or revision figures shown thereon and all applicable field in the Work, or responding to differing or unforeseen measurements. CONTRACTOR shall promptly report in physical conditions under which the Work is to be writing to ENGINEER any conflict, error, ambiguity or performed as provided in paragraph4.2 or 4.3 or to discrepancy which CONTRACTOR may discover and emergencies under paragraph 6.23. A Work Change shall obtain a written interpretation or clarification from Directive will not change the Contract Price or the Contract ENGINEER before proceeding with any Work affected Times, but is evidence that the parties expect that the thereby;however,CONTRACTOR shall not be liable to change directed or documented by a Work Change OWNER or ENGINEER for failure to report any conflict, Directive will be incorporated in a subsequently issued error, ambiguity or discrepancy in the Contract Change Order following negotiations by the parties as to its Documents, unless CONTRACTOR knew or reasonably effect, if any, on the Contract Price or Contract Times as should have known thereof provided in paragraph 10.2. 2.6. Within ten days after the Effective Date of the 1.45. Written Amencbnent---A written amendment of the Agreement (unless otherwise specified in the General Contract Documents, signed by OWNER and Requirements), CONTRACTOR shall submit to CONTRACTOR on or after the Effective Date of the ENGINEER for review: Agreement and normally dealing with the nonengmeering or nontechnical rather than strictly construction-related 2.6.1. a preliminary progress schedule indicating aspects of the Contract Documents. the times(numbers of days or dates)for starting and completing the various stages of the Work,including any Milestones specified in the Contract Documents; ARTICLE 2—PRELEMIINARY MATTERS 2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting,reviewing and Delivery of Bonds: processing such submittal; 2.1. When CONTRACTOR delivers the executed 2.6.2.1. In no case will a schedule be Agreements to OWNER, CONTRACTOR shall also acceptable which allows less than 21 calendar deliver to OWNER such Bonds as CONTRACTOR may days for each review by Engineer. be required to fiunish in accordance with paragraph 5.1. 2.6.3. A preliminary schedule of values for all of Copies of Documents: the Work which will include quantities and prices of items aggregating the Contract Price and will 2.2. OWNER shall fiunish to CONTRACTOR up to ten subdivide the Work into component parts in sufficient copies (unless otherwise specified in the Supplementary detail to serve as the basis for progress payments Conditions) of the Contract Documents as are reasonably during construction Such prices will include an necessary for the execution of the Work. Additional copies appropriate amount of overhead and profit applicable will be furnished,upon request,at the cost of reproduction. to each item of Work. Commencement of Contract Times;Notice to Proceed- 2.7. Before any Work at the site is started, CONTRACTOR and GAAI� shall eaeh deliver to the 2.3. The Contract Times will commence to run on the other OWNER, with copies to each additional insure thirtieth day after the Effective Date of the Agreement,or, identi&ed in the Supplementary ConditionsENGINEER EJCDC GENERAL CONDITIONS 1910.8(1990 Edition) 3 w/CITY OF FORT COLLINS MODIFICATIONS(REV 42000) certificates of insurance (and other evidence of insurance describe a functionally complete Project(or part thereof) which either of the additional _ea Inay to be constructed in accordance with the Contract reasenablyrequeA requested by OWNER) which Documents. Any Work,materials or equipment that may CONTRACTOR and QAV ov_e,.poet:,.a'.:.._e is required reasonably be inferred from the Contract Documents or to purchase and maintain in accordance with from prevailing custom or trade usage as being required to paragraphs 5." 5.6 and 5.7. produce the intended result will be furnished and performed whether or not specifically called for. When Preconstruction Conference: words or phrases which have a well-known technical or construction industry or trade meaning are used to 2.8. Within twenty days after the Contract Times start to describe Work, materials or equipment, such words or run,but before any Work at the site is started,a conference phrases shall be interpreted in accordance with that attended by CONTRACTOR, ENGINEER and others as meaning.Clarifications and interpretations of the Contract appropriate will be held to establish a working Documents shall be issued by ENGINEER as provided in understanding among the parties as to the Work and to paragraph 9.4. discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other 3.3. Reference to Standards and Specifications of submittals processing Applications for Payment and Technical Societies; Reporting and Resolving maintaining required records. Discrepancies.- Initially Acceptable Selz edules. 3.3.1. Reference to standards, specifications, manuals or codes of any technical society,organization 2.9. Unless otherwise provided in the Contract or association, or to the Laws or Regulations of any Documents at least ten days befefe submissien ef the fir governmental authority, whether such reference be Applioation for Pa•gn 'before any work at the site begins, specific or by implication, shall mean the latest a conference attended by CONTRACTOR, ENGINEER standard, specification, manual, code or Laws or and others as appropriate designated by OWNER will be Regulations in effect at the time of opening of Bids(or, held to review for acceptability to ENGINEER as provided on the Effective Date of the Agreement if there were below the schedules submitted in accordance with no Bids), except as may be otherwise specifically paragraph 2.6. and Division 1 - General Requirements. stated in the Contract Documents. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit 3.3.2. If, during the performance of the Work, the schedules. No progress payment shall be made to CONTRACTOR discovers any conflict, error, CONTRACTOR until the schedules are submitted to and ambiguity or discrepancy within the Contract acceptable to ENGINEER as provided below. The Documents or between the Contract Documents and progress schedule will be acceptable to ENGINEER as any provision of any such Law or Regulation providing an orderly progression of the Work to applicable to the performance of the Work or of any completion within any specified Milestones and the such standard,specification,manual or code or of any Contract Times,but such acceptance will neither impose on instruction of any Supplier referred to in paragraph 6.5, ENGINEER responsibility for the sequencing, scheduling CONTRACTOR shall report it to ENGINEER in or progress of the Work nor interfere with or relieve writing at once, and, CONTRACTOR shall not CONTRACTOR from CONTRACTORS full proceed with the Work affected thereby(except in an responsibility therefor. CONTRACTORS schedule of emergency as authorized by paragraph 6.23)until an Shop Drawing and Sample submissions will be acceptable amendment or supplement to the Contract Documents to ENGINEER as providing a workable arrangement for has been issued by one of the methods indicated in reviewing and processing the required submittals paragraph 3.5 or 3.6; provided; however, that CONTRACTOR's schedule of values will be acceptable to CONTRACTOR shall not be liable to OWNER or ENGINEER as to form and substance. ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have ARTICLE 3--CONTRACT DOCUMENTS: INTENT, known thereof. AMENDING,REUSE 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the Intent., methods indicated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take 3.1. The Contract Documents comprise the entire precedence in resolving any conflict,error, ambiguity agreement between OWNER and CONTRACTOR or discrepancy between the provisions of the Contract concerning the Work. The Contract Documents are Documents and: complementary,what is called for by one is as binding as if called for by all. The Contract Documents will be 3.3.3.1. the provisions of any such standard, construed in accordance with the law of the place of the specification,manual,code or instruction(whether Project. or not specifically incorporated by reference in the 3.2. It is the intent of the Contract Documents to Contract Documents);or EJCDC GENERAL CONDITIONS 1910-8(1990 Edition) 4 w1 CITY OF FORT COLLINS MODIFICATIONS(REV 412000) 3.3.3.2. the provisions of any such Laws or 3.5.3. a Work Change Directive (pursuant to Regulations applicable to the performance of the paragraph 10.1). Work (unless such an interpretation of the provisions of the Contract Documents would result 3.6. In addition, the requirements of the Contract in violation of such Law or Regulation). Documents may be supplemented, and minor variations and deviations in the Work may be authorized,in one or 3.3.4. In the event of conflicting or ambiguous more of the following ways: provisions within the Contract Documents, specifications will take precedence over the drawings 3.6.1. A Field Order(pursuant to paragraph 9.5), and addenda will take precedence over both. Notwithstanding the foregoing, the more specific 3.6.2. ENGINEER'S approval of a Shop Drawing or provision will take precedence over the less specific;the Sample(pursuant to paragraphs 6.26 and 6.27),or more stringent will take precedence over the less Stringent,the more expensive item will take precedence 3.6.3. ENGINEER'S written interpretation or over the less expensive. On all drawin sg; figures take clarification(pursuant to paragraph 9.4). precedence over scaled dimensions. Scaling of dimensions, if done, is done at the CONTRACTOR'S Reuse ofDocuments.- own risk. 3.7. CONTRACTOR, and any Subcontractor or No provision of any such standard, specification,manual, Supplier or other person or organization performing or code or instruction shall be effective to change the duties furnishing any of the Work under a direct or indirect and responsibilities of OWNER, CONTRACTOR or contract with OWNER(1) shall not have or acquire any ENGINEER, or any of their subcontractors, consultants, title to or ownership rights in any of the Drawings, agents or employees from those set forth in the Contract Specifications or other documents (or copies of any Documents,nor shall it be effective to assign to OWNER, thereof)prepared by or bearing the seal of ENGINEER or ENGINEER or any of ENGINEER's Consultants,agents or ENGINEER's Consultant, and(ii) shall not reuse any of employees any duty or authority to supervise or direct the such Drawings,Specifications,other documents or copies famishing or performance of the Work or any duty or on extensions of the Project or any other project without authority to undertake responsibility inconsistent with the written consent of OWNER and ENGINEER and specific provisions of paragraph 9.13 or any other provision of the written verification or adaptation by ENGINEER Contract Documents. 3.4. Whenever in the Contract Documents the terms"as ARTICLE 4--AVAILABILITY OF LANDS; ordered", "as directed", "as required", "as allowed", "as SUBSURFACE AND PHYSICAL CONDITIONS; approved' or terms of like effect or import are used,or the REFERENCE POINTS adjectives "reasonable", "suitable", "acceptable", "proper" or"satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work,it is intended that Availability of Lands: such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for 4.1. OWNER shall famish,as indicated in the Contract compliance with the requirements of and information in the Documents, the lands upon which the Work is to be Contract Documents and conformance with the design performed, rights-of-way and easements for access concept of the completed Project as a functioning whole as thereto,and such other lands which are designated for the shown or indicated in the Contract Documents(unless there use of CONTRACTOR. Upon re-asm1z ble vffitten Feguest is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to statement of record legal title and legal ae.,eript:^ of ENGINEER any duty or authority to supervise or direct the lands upon <.,1 ioh the lv,.v is to be performed -4d furnishing or performance of the Work or any duty or 01zW.F-W .�a _eim .. -ie y r_gi fletiee authority to undertake responsibility contrary to the of orfiling a o,.ti,...ie"; lien a. provisions of paragraph 9.13 or any other provision of the aeeefdanee '� aj;4� e r a3Ws and Regulations. Contract Documents. OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of Amending and Supplementing Contract Documents. lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for 3.5. The Contract Documents may be amended to permanent structures or permanent changes in existing provide for additions, deletions and revisions in the Work facilities will be obtained and paid for by OWNER,unless or to modify the terms and conditions thereof in one or otherwise provided in the Contract Documents. If more of the following ways: CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments 3.5.1. a formal Written Amendment, in the Contract Price or the Contract Times as a result of any delay in OWNERs furnishing these lands,rights-of- 3.5.2. a Change Order(pursuant to paragraph 10.4), way or easements, CONTRACTOR may make a claim or therefor as provided in Articles 11 and 12. EJCDC GENERAL CONDITIONS 1910.8(1990 Edition) 5 w/CITY OF FORT COLLINS MODIFICATIONS(REV 42000) CONTRACTOR shall provide for all additional lands and indicated in the Contract Documents,or access thereto that may be required for temporary construction facilities or storage of materials and 4.2.3.4. is of an unusual nature, and differs equipment. materially from conditions ordinarily encountered and generally recognized as inherent in work of 4.2. Subsurface and Physical Conditions: the character provided for in the Contract Documents;then 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: CONTRACTOR shall, promptly immediately after becoming aware thereof and before further disturbing 4.2.1.1. Subsurface Conditions: Those reports of conditions affected thereby or performing any Work in explorations and tests of subsurface conditions at or connection therewith (except in an emergency as contiguous to the site that have been utilized by permitted by paragraph 6.23), notify OWNER and ENGINEER in preparing the Contract Documents; ENGINEER in writing about such condition. and CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith(except as 4.2.1.2. Physical Conditions: Those drawings of aforesaid)until receipt of written order to do so. physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site 4.2.4. ENGINEER's Review: ENGINEER will (except Underground Facilities) that have been promptly review the pertinent conditions, determine the utilized by ENGINEER in preparing the Contract necessity of OWNER's obtaining additional exploration or Documents. tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's 4.2.2. Limited Reliance by CONTRACTOR Authorized,- findings and conclusions. Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such 4.2.5. Possible Contract Documents Change: If reports and drawings,but such reports and drawings are not ENGINEER concludes that a change in the Contract Contract Documents. Such"technical data" is identified in Documents is required as a result of a condition that meets the Supplementary Conditions. Except for such reliance on one or more of the categories in paragraph 4.2.3,a Work such"technical data",CONTRACTOR may not rely upon Change Directive or a Change Order will be issued as or make any claim against OWNER,ENGINEER or any of provided in Article 10 to reflect and document the ENGINEER's Consultants with respect to: consequences of such change. 4.2.2.1. the completeness of such reports and 4.2.6. Possible Price and Times Ae#ustments. An drawings for CONTRACTOR's purposes, equitable adjustment in the Contract Price or in the including, but not limited to, any aspects of the Contract Times,or both,will be allowed to the extent that means, methods, techniques, sequences and the existence of such uncovered or revealed condition procedures of construction to be employed by causes an increase or decrease in CONTRACTOR's cost CONTRACTOR and safety precautions and of,or time required for performance of,the Work;subject, programs incident thereto,or however,to the following: 4.2.2.2. other data, interpretations, opinions 4.2.6.1. such condition must meet any one or and information contained in such reports or shown more of the categories described in or indicated in such drawings,or paragraphs 4.2.3.1 through 4.2.3.4,inclusive; 4.2.2.3. any CONTRACTOR interpretation of 4.2.6.2. a change in the Contract Documents or conclusion drawn from any "technical data" or pursuant to paragraph 4.2.5 will not be an any such data, interpretations, opinions or automatic authorization of nor a condition information. precedent to entitlement to any such adjustment; 4.2.3. Notice of Differing Subsurface or Physical 4.2.6.3. with respect to Work that is paid for Conditions: If CONTRACTOR believes that any on a Unit Price Basis,any adjustment in Contract subsurface or physical condition at or contiguous to the site Price will be subject to the provisions of that is uncovered or revealed either: paragraphs 9.10 and 11.9;and 4.2.3.1. is of such a nature as to establish that 4.2.6.4. CONTRACTOR shall not be entitled any "technical data" on which CONTRACTOR is to any adjustment in the Contract Price or Times entitled to rely as provided in paragraphs 4.2.1 and if; 4.2.2 is materially inaccurate,or 4.2.6.4.1. CONTRACTOR knew of 4.2.3.2. is of such a nature as to require a the existence of such conditions at the change in the Contract Documents,or time CONTRACTOR made a final commitment to OWNER in respect of 4.2.3.3. differs materially from that shown or Contract Price and Contract Times by the EJCDC GENERAL CONDITIONS 1910-8(1990 Edition) 6 w1 CITY OF FORT COLLINS MODIFICATIONS(REV 412000) submission of a bid or becoming bound give written notice to that owner and to OWNER and under a negotiated contract;or ENGINEER ENGINEER will promptly review the Underground Facility and determine the extent, if 4.2.6.4.2. the existence of such any, to which a change is required in the Contract condition could reasonably have been Documents to reflect and document the consequences discovered or revealed as a result of any of the existence of the Underground Facility. If examination, investigation, exploration, ENGINEER concludes that a change in the Contract test or study of the site and contiguous Documents is required,a Work Change Directive or a areas required by the Bidding Change Order will be issued as provided in Article 10 Requirements or Contract Documents to be to reflect and document such consequences. During conducted by or for CONTRACTOR prior such time; CONTRACTOR shall be responsible for to CONTRACTOR's making such final the safety and protection of such Underground commitment;or Facility as provided in paragraph 6.20. CONTRACTOR shall may be allowed an increase in 4.2.6.4.3. CONTRACTOR failed to the Contract Price or an extension of the Contract give the written notice within the time and Times,or both,to the extent that they are attributable as required by paragraph 4.2.3. to the existence of any Underground Facility that was not shown or indicated in the Contract Documents If OWNER and CONTRACTOR are unable to agree on and that CONTRACTOR did not know of and could entitlement to or as to the amount or length of any such not reasonably have been expected to be aware of or equitable adjustment in the Contract Price or Contract to have anticipated If OWNER and CONTRACTOR Times, a claim may be made therefor as provided in are unable to agree on entitlement to or the amount or Articles 11 and 12. However,OWNER,ENGINEER and length of any such adjustment in Contract Price or ENGINEER'S Consultants shall not be liable to Contract Times,CONTRACTOR may make a claim CONTRACTOR for any claims,costs,losses or damages therefor as provided in Articles 11 and 12. However, sustained by CONTRACTOR on or in connection with any OWNER, ENGINEER and ENGINEER's other project or anticipated project. Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or 4.3. Physical Conditions-Underground Facilities: sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3.1. Shown orindicate& The information and data shown or indicated in the Contract Documents with Reference Points.- respect to existing Underground Facilities at or contiguous to the site is based on information and data 4.4. OWNER shall provide engineering surveys to furnished to OWNER or ENGINEER by the owners of establish reference points for construction which in such Underground Facilities or by others. Unless it is ENGINEER's judgment are necessary to enable otherwise expressly provided in the Supplementary CONTRACTOR to proceed with the Work. Conditions: CONTRACTOR shall be responsible for laying out the Work,shall protect and preserve the established reference 4.3.1.1. OWNER and ENGINEER shall not be points and shall make no changes or relocations without responsible for the accuracy or completeness of any the prior written approval of OWNER CONTRACTOR such information or data;and shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of 4.3.1.2. The cost of all of the following will be necessary changes in grades or locations, and shall be included in the Contract Price and CONTRACTOR responsible for the accurate replacement or relocation of shall have full responsibility for: (i)reviewing and such reference points by professionally qualified checking all such information and data,(ii)locating personnel. all Underground Facilities shown or indicated in the Contract Documents,(iii)coordination of the Work 4.5. Asbestos,PCBs,Petroleum,Hazardous Waste or with the owners of such Underground Facilities Radioactive Material: during construction, and (iv)the safety and protection of all such Underground Facilities as 4.5.1. OWNER shall be responsible for any provided in paragraph 6.20 and repairing any Asbestos, PCBs, Petroleum, Hazardous Waste or damage thereto resulting from the Work. Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or 4.3.2. Not Shown or Indicated: If an Underground Specifications or identified in the Contract Facility is uncovered or revealed at or contiguous to Documents to be within the scope of the Work and the site which was not shown or indicated in the which may present a substantial danger to persons or Contract Documents,CONTRACTOR shall,promptly property exposed thereto in connection with the Work immediately after becoming aware thereof and before at the site. OWNER shall not be responsible for any further disturbing conditions affected thereby or such materials brought to the site by performing any Work in connection therewith(except CONTRACTOR, Subcontractors, Suppliers or in an emergency as required by paragraph6.23), anyone else for whom CONTRACTOR is identify the owner of such Underground Facility and responsible. EJCDC GENERAL CONDITIONS 1910.8(1990 Edition) wl CITY OF FORT COLLINS MODIFICATIONS(REV 42000) 4 5 2 CAONTRACTOR shall immediately 0)stop^n ARTICLE 5--BONDS AND INSURANCE in aff area^Ff..teal the_eby (e....e„.: as required by Performance,Payment and Other Bonds: consult with ENGINEER concerning the neeessity4br 5.1. CONTRACTOR shall famish Performance and QAIT�MR to retain., qualified exile,+to e,,,,1,,.,te mieh Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR'S obligations under the Contract Documents. These Bonds shall remain in effect such^aeete,d aFea ,«tit after QaW. ;o has ekaiiw,d at least until one year after the date when final payment any required permits related thereto d to becomes due, except as provided otherwise by Laws or COT.URAG OR special 3�witten notiee: (• speei64ng Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents Work may be resumed safely. TF n«n Tvv ^„a except as provided otherwise by Laws or Regulations and CONTRACTOR ewmAA agree as to anfitlema*to or shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Work stoppage„_such special conditions„„der..,1,:,.>^ Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of either„.,.+ ,. make^ .,1aim therefor as prOVided im Government Financial Operations, U.S.Treasury 11 ;3nd.12 Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority 4 e TF^we_ _e e:„t F S,,.h ^ 411 , rtte„ „,.ties to act. CQ,9RACTQR does not agree to resume such work based en a _,.,..emble belief:t is hiss, _,lees«„t 5.2. If the surety on any Bond famished by agree t, resume such Work ,„,de_ ,.ch Spec'^1 CONTRACTOR is declared a bankrupt or becomes Conditions, the„ OWNER May „_,de_ Such „eFtio of insolvent or its right to do business is terminated in any the Work that ; in connection with such hazardous state where any part of the Project is located or it ceases to eerA:tie of :« such a ffeeted.._,.., to be deleted fry.wft meet the requirements of paragraph 5.1,CONTRACTOR the Work. TF OWNER and CONTRACTOR ^ „ + shall within ten days thereafter substitute another Bond agree s to erAit4eme„t to of the^ ,„t, extent F^„ and surety,both of which must be acceptable to OWNER. adjustmeK if any,in Contract Price or Contract Times as a esu t of deleting ffueh„aiti.„of the Work,then 5.3. Licensed Sureties and Insurers; Certificates of either party may make a olaim dwefer as provide Insurance: portion of the Work „o.f„ ed by QAIT1 Tnn�^ ewn 5.3.1. All Bonds and insurance required by the r_es, ethers i aceeFdame w th A,+;ele 7. Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the harmless CB?'TTD�OI°, SOee ntraeter.- Project is located to issue Bonds or insurance policies ENGINEER; FNGDB�ER's Conga for the limits and coverages so required Such surety e€€Eem direetem employees, agents, et#1er and insurance companies shall also meet such onn'Q11tantg And of additional requirements and qualifications as may be easts, losses and provided in the Supplementary Conditions. ha_7Arf d •,^^e^d-iZ— ^ :;dea that. 0 at eh 01ai in, 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the : 1r„ass disease ,d_ae th _t ;„:,,^,to or e^tmotion Supplementary Conditions, certificates of insurance of t,„gNa prop r„a,e_ th..^ the T:ark its"elF and other evidence of insurance requested b „„1„a;«,_ the 1k,^ ,.F e ^„lting t1:e_eftorn „a OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain CAW ER t. indemnify^ pefsen ertity from ^„a in accordance with paragraph 5.4. nTTmo�.z,ER Shen .deliver to /`014 ACT/lD with Gepie to eaeh ewn___a__a_____. Ee£iitier^noel-lifiGateS Of i1WAfalWO (all,d „the_ 4.5.5 The provisionsof paragraphs 4.2 and 4.3 are el.;7e e of insurance requested by CONTRACT CT/lTJ Hazardous Waste or Radioactive Material „„.,oyere.d ro.,,,_0.1 to„„_„hale and,.rota: in accordance,,,:th eale,d at the Site . ^„h^5.6 and 5.7 here„f, EJCDC GENERAL CONDITIONS 1910-8(1990 Edition) 8 w1 CITY OF FORT COLLINS MODIFICATIONS(REV 412000) CONTRACTOR's Liability Insurance: 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations 5.4. CONTRACTOR shall purchase and maintain such under paragraphs 6.12,6.16 and 6.31 through 6.33; liability and other insurance as is appropriate for the Work being performed and furnished and as will provide 5.4.11. contain a provision or endorsement that the protection from claims set forth below which may arise out coverage afforded will not be cancelled, materially of or result from CONTRACTOR's performance and changed or renewal refused until at least thirty days' furnishing of the Work and CONTRACTOR's other prior written notice has been given to OWNER and obligations under the Contract Documents,whether it is to CONTRACTOR and to each other additional insured be performed or furnished by CONTRACTOR, any identified in the Supplementary Conditions to whom Subcontractor or Supplier, or by anyone directly or a certificate of insurance has been issued (and the indirectly employed by any of them to perform or furnish certificates of insurance furnished by the any of the Work,or by anyone for whose acts any of them CONTRACTOR pursuant to paragraph 5.3.2 will so may be liable: provide); 5.4.1. claims under workers'compensation,disability 5.4.12. remain in effect at least until final payment benefits and other similar employee benefit acts; and at all times thereafter when CONTRACTOR may be correcting,removing or replacing defective Work 5.4.2. claims for damages because of bodily injury, in accordance with paragraph 13.12;and occupational sickness or disease, or death of CONTRACTOR's employees; 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a 5.4.3. claims for damages because of bodily injury, claims-made basis, remain in effect for at least two sickness or disease,or death of any person other than years after final payment(and CONTRACTOR shall CONTRACTOR's employees; furnish OWNER and each other additional insured identified in the Supplementary Conditions to whom 5^^ claims for damages insured by customary a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional m by^ per-son stilt of an offense directly or insured of continuation of such insurance at final payment and one year thereafter). CONTRACT r 60 by any other 1 ethef0W7VER's Liability Insurance: 5.4.5. claims for damages, other than to the Work 5.5. In addition to insurance required to be provided itself, because of injury to or destruction of tangible by CONTRACTOR under paragraph 5.4, OWNER, at property wherever located, including loss of use OWNER's option, may purchase and maintain at resulting therefrom;and OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from 5.4.6. claims for damages because of bodily injury or operations under the Contract Documents. death of any person or property damage arising out of the ownership, maintenance or use of any motor Property Insurance: vehicle. The policies of insurance so required by this paragraph 5.4 Conditions-, O-`;' W!i 4Wl=PUE641ase and fflaipA to be purchased and maintained shall: urame upon the Werk at the site in the am r .he a.n e.laeeffie t ,eft thereof (subjed t . h 5.4.7. with respect to insurance required by dgd&etible amounts as may pre ided i *ho paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9. include as additional insureds (subject to any . customary exclusion in respect of professional liability), OWNER, ENGINEER, ENGINEER's 5..6.1.i whtde the interests ef s Consultants and any other persons or entities identified GOI TTAr TnI�; tractor, E,�Io��yr_, �E-R-1 in the Supplementary Conditions,all of whom shall be E.�WIP�EERIS cangu4ants and any ether Persons listed as additional insureds,and include coverage for mtit s identified in the eupple.,.entafy Conditions, the respective officers and employees of all such additional insureds; and shall be listed as an insufed or additienal inswed; 5.4.8. include the specific coverages and be written 5.6.2. be wFitteaoa uilder.s Risk "all Fisk" or for not less than the limits of liability provided in the epen peril er^pe^in' ,..,.iscs of 1,...s pelic y form that Supplementary Conditions or required by Laws or shallat loans+ iiric..do e r physical1 Regulations,whichever is greater; and Work in transit and h - : �, t leap. 5.4.9. include completed operations insurance; the fellewing perils: fife, lightnifT, extended EJCDC GENERAL CONDITIONS 1910-8(1990 Edition) 9 w/CITY OF FORT COLLINS MODIFICATIONS(REV 42000) coverage, the I, and malicious mischief ent of the Work at the site,ONAWE shall i eart;wfuake, eellapse, debris removal, dentelitien writing advise CONTRACTOR whether o „et ffueh otl e .rater ,la...n- „,] .ai, other rill as may b 5.1 1.Wa&ef Of44g{!t5' 5.6.3. ...chide expenses incurred therepair or 5.11.1. CA INE andCONTRACTOR intend that all e«lanement of a„y;„ re,i property(inelud ng but„ot limited tofees andcharges of 'engineers an and 5.7 ••— iU protect /lx�-rrvvNER !`ONT- ACT-ODD afehiteets)-; Sub86ntraetafs CTTf_1TH3ER LTTf'S1T7RE4�13 5.6.4. Faater:als and a e„t stered at the inthe Supple faentEffy Cendifiens to be listed 01x/1.E r to bemg meeFpffated Ow We 1. ig .ids F r all losses and previded that sush matewials And-AqLtipment have been damages eaused by the perils eevered thffeby. �64 nd n the e ent of payment of a less or damage tl,e will have no fights of meever y against an...,F e 6 5 he n, d inter;ne eAF er until final ear: O C(1TTTR ACT/lD n-A against ael.. orl,er and rlee:r var:..e nM...ers tl..:,-t,. ,la..sr .,titres notice to each other add tie„al directors employees and agents for ell losses an.l ksufed♦ when, a rt:F:este eF: e has been issued. any of the perils a red by such pehe;es and any ether PF )Plieable to the werk;and, �;,hZ; stet, fsI r TCD RPTnrn DD s Laws and Regtilatiens wlieh will include the i4m in the Supplementuy Gendkiem to be listed ffis OWNER; CONTRACTOR, Subcontractors; HNGDMM�- insureds or additional msureds under such policie losses and Elamages sePaused. None of the abewe -4- Supplementary Conditions,each of whom waivers shall extend to the rights that any party insuranceam held l.. O\WM s trustee or otherwise Payable issued: 5.8. A11 the policies of insurance(an.l the a rtifioates, other e ;,tense thereef) required to be rnlnne,l „,i 5.11.2.T In additiorr OWNER aives al—uxi--iigiiv against GOI+T--R-A CTT-OP, R4GP4R+ , ENGR4TL3Cs Gensultattts—and�].G off dod will not be celled or raater:all., empleyees and agents of any e e ,nl reF..ne.l..nt:l at leant thiFt„days,p rior rle.�F r.drm-teniireetem, f'Y11.1TU ACTfIR a..,l M ....sl atl sr s,l.l:ti a«sl rs,1 to 5.11.2.1. loss due to business fi#tffupfierr le whom n sea! n wa= pr(misiem in aeeerdanee with d- dir-eet=physioal less�n nage to paragraph 5.11. OkWFHWs property or the Work caused ,out of er r suhin„F em fire o other peril 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in 5 11_?�. lean OF da«.W tO the een.«feted the WeFk to the e)de«t of any ded etible a .nts that a x)ro;vat a „art thereof ea„se.l l.. arisLigout of less within such iderAified de&&dWe ainew*will be by any property :ntaiiwd en ties by 091,4RAGTOP, SubemttactoF or others gaffv6it any «lete,l Rre;eot a part thereof by OAF 7DR e of less „,1 if any of the she property a during partial utllizatim py%tart to eaverage .:tl:.., the limits of suet amEya ss sl purchase an,l mairA n:t at the„„ralaser's.+ pursu a„t to paragraph 14.8 0 oiler final p e„r „ohoiea provided ,„dun 41ts[Z or [7 OAIT,4E .loss damage o consequential loss referred to:n rl:s thereof will be charge.?to CONTRACTOR by appropriate n the event of payment of any such loss damage .. Change Order of Written Amendment. PHiGF B eamequential less the4isufers willhave no ri tuts of EJCDC GENERAL CONDITIONS 1910-8(1990 Edition) 10 w1 CITY OF FORT COLLINS MODIFICATIONS(REV 412000) recovery against of CO3,rrn ArTCR, Subeentracters, Completion of all the Work,such use or occupancy may tinrnrnrcco EINGPWER's r„„m.1tai4s and the „fr.^e_e be accomplished in accordance with paragraph 14.10; dir-eewr&employees and agents 4 any of . provided that no such use or occupancy shall commence before the insurers providing the property insurance have Receipt and Application of Insurance Proceeds: acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers 5.12. Any insured loss under the policies of insurance providing the property insurance shall consent by required by paragraphs 5.6 and 5.7 will be adjusted with endorsement on the policy or policies, but the property OWNER and made payable to OWNER as fiduciary for the insurance shall not be cancelled or permitted to lapse on insureds, as their interests may appear, subject to the account of any such partial use or occupancy. 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 ARTICLE 6—CONTRACTOR'S accordance with such agreement as the parties in interest RESPONSIBILITIES may reach If no other special agreement is reached the damaged Work shall be repaired or replaced,the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Supervision and Superintendence: Written Amendment. 6.1. CONTRACTOR shall supervise, inspect and 5.13. OWNER as fiduciary shall have power to adjust direct the Work competently and efficiently, devoting and settle any loss with the insurers unless one of the such attention thereto and applying such skills and parties in interest shall object in writing within fifteen days expertise as may be necessary to perform the Work in after the occurrence of loss to OWNER's exercise of this accordance with the Contract Documents. power. If such objection be made, OWNER as fiduciary CONTRACTOR shall be solely responsible for the means, shall make settlement with the insurers in accordance with methods, techniques, sequences and procedures of such agreement as the parties in interest may reach If no construction,but CONTRACTOR shall not be responsible such agreement among the parties in interest is reached, for the negligence of others in the design or specification OWNER as fiduciary shall adjust and settle the loss with of a specific means, method, technique, sequence or the insurers and, :f required in writing by any party in procedure of construction which is shown or indicated in inwres G41.WEn as f.duoiary shall e bed F_ .>,e and expressly required by the Contract Documents. proper perform ance of such dutie . CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Acceptance of Bonds and Insurance;Option to Replace: Documents. 5.14. If 6.2. CONTRACTOR shall keep on the Work at all OWNER has any objection to the coverage afforded by or times during its progress a competent resident other provisions of the Bends er insurance required to be superintendent,who shall not be replaced without written purchased and maintained by the ether paFty notice to OWNER and ENGINEER except under CONTRACTOR in accordance with Article 5 on the basis extraordinary circumstances. The superintendent will be of non-conformance with the Contract Documents, the CONTRACTORSs representative at the site and shall have *eetmg party shall so notify the ethef paFty OWNER will authority to act on behalf of CONTRACTOR All notify CONTRACTOR in writing within ten fifteen days communications to the superintendent shall be as binding after receipt delivery of the certificates(-o" .dencg as if given to CONTRACTOR requested) to OWNER as required by paragraph 2.7. (AWER and CONTRACTOR shall each provide to Labor,Materials and Equipment: provided ^^ the� per may ase ably equest. Tfeither 6.3. CONTRACTOR shall provide competent, paity does not pufebase or mafi4ain all of he am suitably qualified personnel to survey, lay out and insara; rg v' of such paily by the Cont me construct the Work as required by the Contract Doe..me„M ...t. „art shell „^M:fi• the other e_ty Documents. CONTRACTOR shall at all times maintain good discipline and order at the site.Except as otherwise Work;or of such fail r-e to rnai„.e;„prior to any change:„ required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and oF remedy, the other..arty,„ elect to obtain a .,le„+ except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular the e of the„arty vhio., required to provide sue working hours and CONTRACTOR will not permit eevemge,and a Ch"o Order shall be issued to adju Overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. Partial Utilivadon Property Insurance: CONTRACTOR shall submit requests to the ENGINEER no less than 48 hours in advance of any Work to be 5.15. If OWNER finds it necessary to occupy or use a performed on Saturday, Sunday,Holidays or outside the portion or portions of the Work prior to Substantial Regular Working Hours. EJCDC GENERAL CONDITIONS 1910.8(1990 Edition) 11 wl CITY OF FORT COLLINS MODIFICATIONS(REV 42000) 6.4. Unless otherwise specified in the General contains or is followed by words reading that no like, Requirements, CONTRACTOR shall furnish and assume equivalent or "or-equal" item or no substitution is full responsibility for all materials, equipment, labor, permitted, other items of material or equipment or transportation, construction equipment and machinery, material or equipment of other Suppliers may be tools,appliances,fuel,power,light,heat,telephone,water, accepted by ENGINEER under the following sanitary facilities, temporary facilities and all other circumstances: facilities and incidentals necessary for the furnishing, performance,testing,start-up and completion of the Work. 6.7.1.1. "Or-Equal". If in ENGINEFR's sole discretion an item of material or equipment 6.4.1. Purchasing Restrictions: CONTRACTOR proposed by CONTRACTOR is functionally must comply with the City's purchasing restrictions. A equal to that named and sufficiently similar so that copy of the resolutions are available for review in the no change in related Work will be required,it may offices of the Purchasing and Risk Management be considered by ENGINEER as an "or-equal" Division or the City Clerk's office. item, in which case review and approval of the proposed item may, in ENGINEER's sole 6.4.2. Cement Restrictions: City of Fort Collins discretion, be accomplished without compliance Resolution 91-121 requires that suppliers and producers with some or all of the requirements for of cement or products containing cement to certify that acceptance of proposed substitute items. the cement was not made in cement kilns that burn 6.7.1.2. Substitute Items: If in ENGINEER's sole hazardous waste as a fuel. discretion an item of material or equipment proposed by CONTRACTOR does not qualify as 6.5. All materials and equipment shall be of good an"or-equal" item under subparagraph 6.7.1.1, it quality and new, except as otherwise provided in the will be considered a proposed substitute item. Contract Documents. All warranties and guarantees CONTRACTOR shall submit sufficient specifically called for by the Specifications shall expressly information as provided below to allow run to the benefit of OWNER. If required by ENGINEER, ENGINEER to determine that the item of material CONTRACTOR shall furnish satisfactory evidence or equipment proposed is essentially equivalent to (including reports of required tests) as to the kind and that named and an acceptable substitute therefor. quality of materials and equipment. All materials and The procedure for review by the ENGINEER will equipment shall be applied, installed, connected, erected, include the following as supplemented in the used, cleaned and conditioned in accordance with General Requirements and as ENGINEER may instructions of the applicable Supplier,except as otherwise decide is appropriate under the circumstances. provided in the Contract Documents. Requests for review of proposed substitute items of material or equipment will not be accepted by Progress Schedule: ENGINEER from anyone other than CONTRACTOR If CONTRACTOR wishes to 6.6. CONTRACTOR shall adhere to the progress funnish or use a substitute item of material or schedule established in accordance with paragraph 2.9 as it equipment, CONTRACTOR shall first make may be adjusted from time to time as provided below: written application to ENGINEER for acceptance thereof,certifying that the proposed substitute will 6.6.1. CONTRACTOR shall submit to ENGINEER perform adequately the functions and achieve the for acceptance (to the extent indicated in results called for by the general design,be similar paragraph 2.9) proposed adjustments in the progress in substance to that specified and be suited to the schedule that will not change the Contract Times(or same use as that specified The application will Milestones). Such adjustments will conform generally state the extent, if any, to which the evaluation to the progress schedule then in effect and additionally and acceptance of the proposed substitute will will comply with any provisions of the General prejudice CONTRACTORs achievement of Requirements applicable thereto. Substantial Completion on time, whether or not acceptance of the substitute for use in the Work 6.6.2. Proposed adjustments in the progress schedule will require a change in any of the Contract that will change the Contract Times (or Milestones) Documents (or in the provisions of any other shall be submitted in accordance with the requirements direct contract with OWNER for work on the of paragraph 12.1. Such adjustments may only be Project) to adapt the design to the proposed made by a Change Order or Written Amendment in substitute and whether or not incorporation or use accordance with Article 12. of the substitute in connection with the Work is subject to payment of any license fee or royalty. 6.7. Substitutes and"Or-Equal"Items: All variations of the proposed substitute from that specified will be identified in the application and 6.7.1. Whenever an item of material or equipment is available maintenance, repair and replacement specified or described in the Contract Documents by service will be indicated. The application will using the name of a proprietary item or the name of a also contain an itemized estimate of all costs or particular Supplier, the specification or description is credits that will result directly or indirectly from intended to establish the type, function and quality acceptance of such substitute, including costs of required. Unless the specification or description redesign and claims of other contractors affected EJCDC GENERAL CONDITIONS 1910-8(1990 Edition) 12 w1 CITY OF FORT COLLINS MODIFICATIONS(REV 412000) by the resulting change, all of which will be CONTRACTOR shall perform not less than 20 considered by ENGINEER in evaluating the percent of the Work with its own forces (that is, proposed substitute. ENGINEER may require without subcontracting). The 20 percent requirement CONTRACTOR to furnish additional data about shall be understood to refer to the Work the value of the proposed substitute. which totals not less than 20 percent of the Contract Price. 6.7.1.3. COA RRCTOR's Expense: All data to be provided by CONTRACTOR in support of any 6.8.2. Bidding proposed "or-equal" or substitute item will be at Documents require the identity of certain CONTRACTOR's expense. Subcontractors, Suppliers or other persons or organizations(including those who are to furnish the 6.7.2. Substitute Construction Methods or principal items of materials or equipment) to be Procedures: If a specific means, method, technique, submitted to OWNER sequence or procedure of construction is shown or date prior to the Effective Date of the Agreement for indicated in and expressly required by the Contract acceptance by OWNER and ENGINEER,--and-4 Documents; CONTRACTOR may furnish or utilize a GG^" ERAGTOR has submitted a list flieree f in substitute means, method, technique, sequence or with the Supplemeitary Cenditiens procedure of construction acceptable to ENGINEER. OWNER's or ENGINEER's acceptance (either in CONTRACTOR shall submit sufficient information to writing or by failing to make written objection thereto allow ENGINEER,in ENGINEER'S sole discretion,to by the date indicated for acceptance or objection in determine that the substitute proposed is equivalent to the bidding documents or the Contract Documents)of that expressly called for by the Contract Documents. any such Subcontrac or Sufflier or other pefson The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.7.1.2. bass of_o,,.,,.nable bjeetien after due rove......:, 6.7.3.Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to such substitution and an 4P�L�;r1lang, 0. paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the will be issued of Writ4en Amendment signed will sole judge of acceptability. No "or-equal" or constitute a condition of the Contract requiring the substitute will be ordered,installed or utilized without use of the named subcontractors, suppliers or other ENGINEER's prior written acceptance which will be persons or organization on the Work unless prior evidenced by either a Change Order or an approved written approval is obtained from OWNER and Shop Drawing. OWNER may require ENGINEER. No acceptance by OWNER or CONTRACTOR to famish at CONTRACTORSs ENGINEER of any such Subcontractor, Supplier or expense a special performance guarantee or other other person or organization shall constitute a waiver surety with respect to any "or-equal" or substitute. of any right of OWNER or ENGINEER to reject ENGINEER will record time required by defective Work. ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by 6_9. CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract 6.9.1. CONTRACTOR shall be fully responsible to Documents(or in the provisions of any other direct OWNER and ENGINEER for all acts and omissions contract with OWNER for work on the Project) of the Subcontractors, Suppliers and other persons occasioned thereby. Whether or not ENGINEER and organizations performing or ftunishing any of the accepts a substitute item so proposed or submitted by Work under a direct or indirect contract with CONTRACTOR, CONTRACTOR shall reimburse CONTRACTOR just as CONTRACTOR is OWNER for the charges of ENGINEER and responsible for CONTRACTORSs own acts and ENGINEER's Consultants for evaluating each such omissions. Nothing in the Contract Documents shall proposed substitute item. create for the benefit of any such Subcontractor, Supplier or other person or organization any 6_8. Concerning Subcontractors, Suppliers and contractual relationship between OWNER or Others: ENGINEER and any such Subcontractor,Supplier or other person or organization,nor shall it create any 6.8.1. CONTRACTOR shall not employ any obligation on the part of OWNER or ENGINEER to Subcontractor,Supplier or other person or organization pay or to see to the payment of any moneys due any (including those acceptable to OWNER and such Subcontractor, Supplier or other person or ENGINEER as indicated in paragraph 6.8.2),whether organization except as may otherwise be required by initially or as a substitute, against whom OWNER or Laws and Regulations. OWNER or ENGINEER may ENGINEER may have reasonable objection. furnish to any subcontractor,supplier or other person CONTRACTOR shall not be required to employ any or organization evidence of amounts paid to Subcontractor,Supplier or other person or organization CONTRACTOR in accordance with to furnish or perform any of the Work against whom CONTRACTOR'S"Applications for Payment". CONTRACTOR has reasonable objection. EJCDC GENERAL CONDITIONS 1910.8(1990 Edition) 13 w/CITY OF FORT COLLINS MODIFICATIONS(REV 42000) 6.9.2. CONTRACTOR shall be solely responsible Permits: for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and 6.13. Unless otherwise provided in the Supplementary organizations performing or furnishing any of the Conditions, CONTRACTOR shall obtain and pay for all Work under a direct or indirect contract with construction permits and licenses. OWNER shall assist CONTRACTOR CONTRACTOR shall require all CONTRACTOR, when necessary, in obtaining such Subcontractors, Suppliers and such other persons and permits and licenses. CONTRACTOR shall pay all organizations performing or fumshmg any of the governmental charges and inspection fees necessary for Work to communicate with the ENGINEER through the prosecution of the Work,which are applicable at the CONTRACTOR time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall 6.10. The divisions and sections of the Specifications and pay all charges of utility owners for connections to the the identifications of any Drawings shall not control Work, and OWNER shall pay all charges of such utility CONTRACTOR in dividing the Work among owners for capital costs related thereto such as plant Subcontractors or Suppliers or delineating the Work to be investment fees. performed by any specific trade. 6.14. Laws and Regulations: 6.11. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an 6.14.1. CONTRACTOR shall give all notices and appropriate agreement between CONTRACTOR and the comply with all Laws and Regulations applicable to Subcontractor or Supplier which specifically binds the furnishing and performance of the Work. Except Subcontractor or Supplier to the applicable terms and where otherwise expressly required by applicable conditions of the Contract Documents for the benefit of Laws and Regulations, neither OWNER nor OWNER and ENGINEER. Whenever-any such agreeme ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. paragmphs 5.6 eF5.7, the agmermerit between the COT,4RACTOR and the Subcontractor or Supplier wi 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary waives all rights-against OWNER; CONTRACTOR, to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, additi A] i-n-m—Ire— ages caused by, arising out of or resulting therefrom;however,it shall not be CONTRACTOR's primary responsibility to c ]^clie es and any o&r property insurance applioal-I *^ make certain that the Specifications and Drawings are the Work. if the insuQers �;n a in accordance with Laws and Regulations, but this separate waiver forms to besignedby any Subo ntra. _ shall not relieve CONTRACTOR of a,poie.. CONT- ACTT .. tr t. : .t e e CONTRACTORS obligations under paragraph 3.3.2. Patent Fees and Royalties: Taxes: 6.12. CONTRACTOR shall pay all license fees and 6.15. CONTRACTOR shall pay all sales, consumer, royalties and assume all costs incident to the use in the use and other similar taxes required to be paid by performance of the Work or the incorporation in the Work CONTRACTOR in accordance with the Laws and of any invention,design,process,product or device which Regulations of the place of the Project which are is the subject of patent rights or copyrights held by others. applicable during the performance of the Work. If a particular invention,design,process,product or device is specified in the Contract Documents for use in the 6.15.1. OWNER is exempt from Colorado State and performance of the Work and if to the actual knowledge of local sales and use taxes on materials to be OWNER or ENGINEER its use is subject to patent rights permanently incorporated into the project. Said taxes or copyrights calling for the payment of any license fee or shall not be included in the Contract Price. royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the CONTRACTOR must apply for, and receive, a fullest extent permitted by Laws and Regulations, Certificate of Exemption from the Colorado CONTRACTOR shall indemnify and hold harmless Department of Revenue for construction materials to OWNER,ENGINEER,ENGINEER's Consultants and the be physically incorporated into the project This officers,directors,employees,agents and other consultants Certification of Exemption provides that the of each and any of them from and against all claims,costs, CONTRACTOR shall neither pay nor include in his losses and damages arising out of or resulting from any Bid Sales and Use Taxes on those building and infringement of patent rights or copyrights incident to the construction materials physically incorporated into use in the performance of the Work or resulting from the the project. incorporation in the Work of any invention, design, process, product or device not specified in the Contract Address: Documents. Colorado Department of Revenue State Capital Annex EJCDC GENERAL CONDITIONS 1910-8(1990 Edition) 14 w1 CITY OF FORT COLLINS MODIFICATIONS(REV 412000) 1375 Sherman Street 6.19. CONTRACTOR shall maintain in a safe place at Denver,Colorado,80261 the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Sales and Use Taxes for the State of Colorado Change Directives, Field Orders and written Regional Transportation District (RTD) and certain interpretations and clarifications (issued pursuant to Colorado counties are collected by the State of paragraph 9.4) in good order and annotated to show all Colorado and are included in the Certification of changes made during construction. These record Exemption. documents together with all approved Samples and a counterpart of all approved Shop Drawings will be All applicable Sales and Use Taxes (includirm State available to ENGINEER for reference. Upon completion collected taxes),on any items other than construction of the Work, and prior to release of final payment,these and building materials physically incorporated into the record documents, Samples and Shop Drawings will be project are to be paid by CONTRACTOR and are to delivered to ENGINEER for OWNER. be included in appropriate bid items. Safety and Protection: Use of Premises: 6.20. CONTRACTOR shall be responsible for 6.16. CONTRACTOR shall confine construction initiating, maintaining and supervising all safety equipment,the storage of materials and equipment and the precautions and programs in connection with the Work. operations of workers to the site and land and areas CONTRACTOR shall take all necessary precautions for identified in and permitted by the Contract Documents and the safety o�and shall provide the necessary protection to other land and areas permitted by Laws and Regulations, prevent damage,injury or loss to: rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction 6.20.1. all persons on the Work site or who may be equipment or other materials or equipment. affected by the Work; CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or 6.20.2. all the Work and materials and equipment to occupant thereof or of any adjacent land or areas,resulting be incorporated therein,whether in storage on or off from the performance of the Work. Should any claim be the site;and made by any such owner or occupant because of the performance of the Work,CONTRACTOR shall promptly 6.20.3. other property at the site or adjacent thereto, settle with such other parry by negotiation or otherwise including trees, shrubs, lawns, walks, pavements, resolve the claim by arbitration or other dispute resolution roadways, structures, utilities and Underground proceeding or at law. CONTRACTOR shall,to the fullest Facilities not designated for removal, relocation or extent permitted by Laws and Regulations, indemnify and replacement in the course of construction. hold harmless OWNER, ENGINEER, ENGINEERS Consultant and anyone directly or indirectly employed by CONTRACTOR shall comply with all applicable Laws any of them from and against all claims,costs, losses and and Regulations of any public body having jurisdiction for damages arising out of or resulting from any claim or safety of persons or property or to protect them from action, legal or equitable, brought by any such owner or damage, injury or loss; and shall erect and maintain all occupant against OWNER,ENGINEER or any other party necessary safeguards for such safety and protection. indemnified hereunder to the extent caused by or based CONTRACTOR shall notify owners of adjacent property upon CONTRACTORs performance of the Work. and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall 6.17. During the progress of the Work,CONTRACTOR cooperate with them in the protection,removal,relocation shall keep the premises free from accumulations of waste and replacement of their property. All damage,injury or materials, rubbish and other debris resulting from the loss to any property referred to in paragraphs 6.20.2 or Work. At the completion of the Work CONTRACTOR 6.20.3 caused,directly or indirectly,in whole or in part,by shall remove all waste materials,rubbish and debris from CONTRACTOR, any Subcontractor, Supplier or any and about the premises as well as all tools, appliances, other person or organization directly or indirectly construction equipment and machinery and surplus employed by any of them to perform or furnish any of the materials. CONTRACTOR shall leave the site clean and Work or anyone for whose acts any of them may be liable, ready for occupancy by OWNER at Substantial shall be remedied by CONTRACTOR(except damage or Completion of the Work. CONTRACTOR shall restore to loss attributable to the fault of Drawings or Specifications original condition all property not designated for alteration or to the acts or omissions of OWNER or ENGINEER or by the Contract Documents. ENGINEERs Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, 6.18. CONTRACTOR shall not load nor permit any part and not attributable, directly or indirectly, in whole or in of any structure to be loaded in any manner that will part,to the fault or negligence of CONTRACTOR or any endanger the structure, nor shall CONTRACTOR subject Subcontractor, Supplier or other person or organization any part of the Work or adjacent property to stresses or directly or indirectly employed by any of them). pressures that will endanger it. CONTRACTORs duties and responsibilities for the safety and protection of the Work shall continue until such time Record Documents: as all the Work is completed and ENGINEER has issued a EJCDC GENERAL CONDITIONS 1910.8(1990 Edition) 15 w/CITY OF FORT COLLINS MODIFICATIONS(REV 42000) notice to OWNER and CONTRACTOR in accordance purposes required by paragraph 6.26. The numbers with paragraph 14.13 that the Work is acceptable(except as of each Sample to be submitted will be as specified in otherwise expressly provided in connection with the Specifications. Substantial Completion). 6.25. Submittal Procedures: 6.21. Safety Representative: 6.25.1.Before submitting each Shop Drawing or CONTRACTOR shall designate a qualified and Sample, CONTRACTOR shall have determined and experienced safety representative at the site whose duties verified: and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and 6.25.1.1. all field measurements, quantities, programs. dimensions, specified performance criteria, installation requirements, materials, catalog Hazard Communication Programs: numbers and similar information with respect thereto, 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or 6.25.1.2. all materials with respect to intended other hazard communication information required to be use, fabrication, shipping, handling, storage, made available to or exchanged between or among assembly and installation pertaining to the employers at the site in accordance with Laws or performance of the Work,and Regulations. 6.25.1.3. all information relative to Emergencies: CONTRACTORS sole responsibilities in respect of means, methods, techniques, sequences and 6.23. In emergencies affecting the safety or protection of procedures of construction and safety precautions persons or the Work or property at the site or adjacent and programs incident thereto. thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER,is obligated to CONTRACTOR shall also have reviewed and act to prevent threatened damage, injury or loss. coordinated each Shop Drawing or Sample with other CONTRACTOR shall give ENGINEER prompt written Shop Drawings and Samples and with the notice if CONTRACTOR believes that any significant requirements of the Work and the Contract changes in the Work or variations from the Contract Documents. Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is 6.25.2. Each submittal will bear a stamp or specific required because of the action taken by CONTRACTOR in written indication that CONTRACTOR has satisfied response to such an emergency, a Work Change Directive CONTRACTORS obligations under the Contract or Change Order will be issued to document the Documents with respect to CONTRACTORS review consequences of such action. and approval of that submittal. 6.24. Shop Drawings and Samples: 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific 6.24.1.CONTRACTOR shall submit Shop Drawings written notice of such variations,if any,that the Shop to ENGINEER for review and approval in accordance Drawing or Sample submitted may have from the with the accepted schedule of Shop Drawings and requirements of the Contract Documents,such notice Sample submittals (see paragraph 2.9). All submittals to be in a written communication separate from the will be identified as ENGINEER may require and in submittal; and, in addition, shall cause a specific the number of copies specified in the General notation to be made on each Shop Drawing and Requirements. The data shown on the Shop Drawings Sample submitted to ENGINEER for review and will be complete with respect to quantities, approval of each such variation dimensions,specified performance and design criteria, materials and similar data to show ENGINEER the 6.26. ENGINEER will review and approve Shop materials and equipment CONTRACTOR proposes to Drawings and Samples in accordance with the schedule of provide and to enable ENGINEER to review the Shop Drawings and Sample submittals accepted by information for the limited purposes required by ENGINEER as required by paragraph 2.9. ENGINEER's paragraph 6.26. review and approval will be only to determine if the items covered by the submittals will, after installation or 6.24.2. CONTRACTOR shall also submit Samples to incorporation in the Work, conform to the information ENGINEER for review and approval in accordance given in the Contract Documents and be compatible with with said accepted schedule of Shop Drawings and the design concept of the completed Project as a Sample submittals. Each Sample will be identified functioning whole as indicated by the Contract clearly as to material, Supplier,pertinent data such as Documents. ENGINEERs review and approval will not catalog numbers and the use for which intended and extend to means, methods, techniques, sequences or otherwise as ENGINEER may require to enable procedures of construction (except where a particular ENGINEER to review the submittal for the limited means, method, technique, sequence or procedure of EJCDC GENERAL CONDITIONS 1910-8(1990 Edition) 16 w1 CITY OF FORT COLLINS MODIFICATIONS(REV 412000) construction is specifically and expressly called for by the accordance with the Contract Documents or a release Contract Documents)or to safety precautions or programs of CONTRACTOR's obligation to perform the Work incident thereto. The review and approval of a separate in accordance with the Contract Documents: item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make 6.30.2.1. observations by ENGINEER; corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and 6.30.2.2. recommendation of any progress or submit as required new Samples for review and approval. final payment by ENGINEER; CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by 6.30.2.3. the issuance of a certificate of ENGINEER on previous submittals. Substantial Completion or any payment by OWNER to CONTRACTOR under the Contract 6.27. ENGINEER's review and approval of Shop Documents; Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements 6.30.2.4. use or occupancy of the Work or any of the Contract Documents unless CONTRACTOR has in part thereof by OWNER; writing called ENGINEER's attention to each such variation at the time of submission as required by 6,30.2.5. any acceptance by OWNER or any paragraph 6.25.3 and ENGINEER has given written failure to do so; approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop 6.30.2.6. any review and approval of a Shop Drawing or Sample approval; nor will any approval by Drawing or Sample submittal or the issuance of a ENGINEER relieve CONTRACTOR from responsibility notice of acceptability by ENGINEER pursuant for complying with the requirements of paragraph 6.25.1. to paragraph 14.13; 6.28. Where a Shop Drawing or Sample is required by 6.30.2.7. any inspection, test or approval by the Contract Documents or the schedule of Shop Drawing others;or and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed 6.30.2.8. any correction of defective Work by prior to ENGINEER'S review and approval of the pertinent OWNER- submittal will be at the sole expense and responsibility of CONTRACTOR Indemnification: Continuing the Work: 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold 6.29. CONTRACTOR shall carry on the Work and harmless OWNER, ENGINEER, ENGINEER's adhere to the progress schedule during all disputes or Consultants and the officers,directors,employees,agents disagreements with OWNER. No Work shall be delayed or and other consultants of each and any of them from and postponed pending resolution of any disputes or against all claims, costs, losses and damages (including, disagreements,except as permitted by paragraph 15.5 or as but not limited to, all fees and charges of engineers, OWNER and CONTRACTOR may otherwise agree in architects, attorneys and other professionals and all court writing. or arbitration or other dispute resolution costs)caused by, arising out of or resulting from the performance of the 6.30. CONTRACTOR's General Warranty and Work,provided that any such claim,cost,loss or damage: Guarantee: (i)is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property 6.30.1.CONTRACTOR warrants and guarantees to (other than the Work itself), including the loss of use OWNER,ENGINEER and ENGINEER's Consultants resulting therefrom,and(ii)is caused in whole or in part that all Work will be in accordance with the Contract by any negligent act or omission of CONTRACTOR,any Documents and will not be defective. Subcontractor, any Supplier, any person or organization CONTRACTORS warranty and guarantee hereunder directly or indirectly employed by any of them to perform excludes defects or damage caused by: or furnish any of the Work or anyone for whose acts any of them may be liable,regardless of whether or not caused 6.30.1.1. abuse, modification or improper in part by any negligence or omission of a person or entity maintenance or operation by persons other than indemnified hereunder or whether liability is imposed CONTRACTOR,Subcontractors or Suppliers;or upon such indemnified party by Laws and Regulations regardless of the negligence of any such person or entity. 6.30.1.2. normal wear and tear under normal usage. 6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultants,agents, 6.30.2. CONTRACTOR's obligation to perform and officers, directors or employees by any employee(or the complete the Work in accordance with the Contract survivor or personal representative of such employee) of Documents shall be absolute. None of the following CONTRACTOR, any Subcontractor, any Supplier, any will constitute an acceptance of Work that is not in person or organization directly or indirectly employed by EJCDC GENERAL CONDITIONS 1910.8(1990 Edition) 17 wl CITY OF FORT COLLINS MODIFICATIONS(REV 42000) any of them to perform or furnish any of the Work or provisions for the benefit of CONTRACTOR in said anyone for whose acts any of them may be liable, the direct contracts between OWNER and such utility owners indemnification obligation under paragraph 6.31 shall not and other contractors. be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or 7.3. If the proper execution or results of any part of for CONTRACTOR or any such Subcontractor,Supplier or CONTRACTOR's Work depends upon work performed other person or organization under workers' compensation by others under this Article 7, CONTRACTOR shall acts,disability benefit acts or other employee benefit acts. inspect such other work and promptly report to ENGINEER in writing any delays,defects or deficiencies 6.33. The indemnification obligations of in such other work that render it unavailable or unsuitable CONTRACTOR under paragraph 6.31 shall not extend to for the proper execution and results of CONTRACTOR's the liability of ENGINEER and ENGINEER's Consultants, Work. CONTRACTOR's failure so to report will officers, directors, employees or agents caused by the constitute an acceptance of such other work as fit and professional negligence,errors or omissions of any of them. proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies Survival of Obligations: in such other work. 6.34. All representations, indemnifications, warranties Coordination: and guarantees made in,required by or given in accordance with the Contract Documents, as well as all continuing 7.4. If OWNER contracts with others for the obligations indicated in the Contract Documents, will performance of other work on the Project at the site,the survive final payment, completion and acceptance of the following will be set forth in Supplementary Conditions: Work and termination or completion of the Agreement. 7.4.1. the person,firm or corporation who will have authority and responsibility for coordination of the ARTICLE 7--OTHER WORK activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such authority and responsibility will be itemized;and Related Work at Site: 7.4.3. the extent of such authority and 7.1. OWNER may perform other work related to the responsibilities will be provided. Project at the site by OWNER'own forces, or let other direct contracts therefor which shall contain General Unless otherwise provided in the Supplementary Conditions similar to these,or have other work performed Conditions, OWNER shall have sole authority and by utility owners. If the fact that such other work is to be responsibility in respect of such coordination. performed was not noted in the Contract Documents,then: (i)written notice thereof will be given to CONTRACTOR prior to starting any such other work and ARTICLE 8--OWNER'S RESPONSIBILITIES (ii)CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties 8.1. Except as otherwise provided in these General are unable to agree as to the amount or extent thereof. Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility 8.2. In case of termination of the employment of owner (and OWNER, if OWNER is performing the ENGINEER, OWNER shall appoint an engineer against additional work with OWNERS employees) proper and safe access to the site and a reasonable opportunity for the whose status under the Contract Documents shall be that introduction and storage of materials and equipment and of the former ENGINEER the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise 8.3. OWNER shall fumiish the data required of provided in the Contract Documents, CONTRACTOR OWNER under the Contract Documents promptly and shall do all cutting, fitting and patching of the Work that shall make payments to CONTRACTOR promptly when may be required to make its several parts come together they are due as provided in paragraphs 14.4 and 14.13. properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by 8.4. OWNER's duties in respect of providing lands cutting, excavating or otherwise altering their work and and easements and providing engineering surveys to will only out or alter their work with the written consent of establish reference points are set forth in paragraphs 4.1 ENGINEER and the others whose work will be affected. and 4.4. Paragraph 4.2 refers to OWNER's identifying The duties and responsibilities of CONTRACTOR under and making available to CONTRACTOR copies of this paragraph are for the benefit of such utility owners and reports of explorations and tests of subsurface conditions other contractors to the extent that there are comparable at the site and drawings of physical conditions in existing EJCDC GENERAL CONDITIONS 1910-8(1990 Edition) 18 w1 CITY OF FORT COLLINS MODIFICATIONS(REV 412000) structures at or contiguous to the site that have been utilized that has been made and the quality of the various aspects by ENGINEER in preparing the Contract Documents. of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, 8.3 QAINEgs_e..,.,..,sibilit es; e eC4 of...._,.hassii g ENGINEER will endeavor for the benefit of OWNER to and maii� liability and are so determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on- 8.6. OWNER is obligated to execute Change Orders as site inspections to check the quality or quantity of the indicated in paragraph 10.4. Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that 8.7. OWNER's responsibility in respect of certain the completed Work will conform generally to the inspections, tests and approvals is set forth in Contract Documents. On the basis of such visits and on- paragraph 13.4. site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to 8.8. In connection with OWNER's right to stop Work or guard OWNER against defective Work. ENGINEERSs suspend Work, see paragraphs 13.10 and 15.1. visits and on-site observations are subject to all the Paragraph 15.2 deals with OWNER's right to terminate limitations on ENGINEERS authority and responsibility services of CONTRACTOR under certain circumstances. set forth in paragraph 9.13, and particularly,but without limitation, during or as a result of ENGINEER's on-site 8.9. The OWNER shall not supervise, direct or have visits or observations of CONTRACTOR's Work control or authority over, nor be responsible for, ENGINEER will not supervise, direct, control or have CONTRACTOR's means,methods, techniques, sequences authority over or be responsible for CONTRACTOR's or procedures of construction or the safety precautions and means,methods, techniques, sequences or procedures of programs incident thereto, or for any failure of construction, or the safety precautions and programs CONTRACTOR to comply with Laws and Regulations incident thereto,or for any failure of CONTRACTOR to applicable to the furnishing or performance of the Work. comply with Laws and Regulations applicable to the OWNER will not be responsible for CONTRACTOR's furnishing or performance of the Work. failure to perform or furnish the Work in accordance with the Contract Documents. Project Representative: 9.10 nurnrcR's_ sibilily in respect of..ndis,owed 9.3. If OWNER and ENGINEER agree,ENGINEER Asbestos PCBs,-Petroleum, Hazardous Wash or will furnish a Resident Project Representative to assist Rath,.etiye N faterial......,.,...efed of_,...,.ale A-*-t e sitR iq ENGINEER in providing more continuous observation of set forth:n paragraph 4.5. the Work. The responsibilities and authority and limitations thereon of any such Resident Project 8z' if and to the extent OWNER has agreed to farni w Representative and assistants will be as provided in GONTP-kOT—OR reasonable evidenee—that €rrr nee paragraphs-9 3 and 9.13 and ;n the c.pplefs arrangements have been made to satisfy OAA4,cR Conditions of these General Conditions. If OWNER designates another representative or agent to represent mspensibility in respmt th@reef wil-I be as set forth in the OWNER at the site who is not ENGINEER's Consultant, Supplemffitary Conditions. agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in ffie Supplementafy Go paragraph 9.3 ARTICLE 9-ENGINEER'S STATUS DURING of these General Conditions. If the ENGINEER furnishes CONSTRUCTION a Resident Project Representative (RPR) or other assistants, or if the OWNER desietiates a Representative or agent,all as provided in paragyaph 9.3 of the General Conditions,these Representatives shall have the authority OWNER's Representative: and limitations as provided in paragraph 9.13 of the General Conditions and shall be subject to the following: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and 9.3.1. The Representative's dealings in matters responsibilities and the limitations of authority of pertaining to the on-site work will,in general,be with ENGINEER as OWNER's representative during the ENGINEER and CONTRACTOR But, the construction are set forth in the Contract Documents and Representative will keep the OWNER properly shall not be extended without written consent of OWNER advised about such matters. The Representative's and ENGINEER dealings with subcontractors will only be through or with the full knowledge and approval of the Visits to Site: CONTRACTOR 9.2. ENGINEER will make visits to the site at intervals 9.3.2. Duties and Responsibilities. Representative appropriate to the various stages of construction as will: ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress 9.3.2.1.Schedules - Review the progress EJCDC GENERAL CONDITIONS 1910-8(1990 Edition) 19 w/CITY OF FORT COLLINS MODIFICATIONS(REV 42000) schedule and other schedules prepared by the modification in Drawings or Specifications and CONTRACTOR and consult with the report these recommendations to ENGINEER. ENGINEER concerning acceptability. Accurately transmit to CONTRACTOR decisions issued by the ENGINEER. 9.3.2.2. Conferences and Meeting - Attend meeting with the CONTRACTOR such as preconstruction conferences, progress meetings 9.3.2.7.Records. and other job conferences and prepare and circulate copies of minutes of meetings. 9.3.2.7.1. Maintain at the Representative's office orderly files concemina 9.3.2.3.Liaison correspondence, reports of lob conferences, Shop Drawings and samples,reproductions 9.3.2.3.1. Serve as ENGINEER'S liaison or original Contract Documents including all with CONTRACTOR, working principally Work Directive Changes,Addenda,Change through CONTRACTOR'S superintendent to orders, Field Orders, additional drawings assist the CONTRACTOR in understanding issued subsequent to the execution of the the Contract Documents. Agreement,ENGINEER'S clarifications and interpretations of the Contract Documents, 9.3.2.3.2. Assist in obtaining from OWNER progress reports and other project additional details or information, when documents. required,for proper execution of the Work. 9.3.2.7.2.Keep a diary, daily report form,or log book,recording hours on 9.3.2.3.3. Advise the ENGINEER and the job site,weather conditions,data relative CONTRACTOR of the commencement of to questions of work directive changes, any Work requiring a Shop Drawing or Change Orders, or changed conditions, list sample submission if the submission has not of job site visitors,daily activities,decisions, been approved by the ENGINEER. observations in general and specific observations in more detail as in the case of 9.3.2.4.Review of Work. Rejection of Defective observing test procedures,send copies to the Work,Inspections and Tests- ENGINEER 9.3.2.7.3.Record names 9.3.2.4.1. Conduct on-site observations of addresses and telephone numbers of all the Work m progress to assist the ENGINEER CONTRACTORS, subcontractors and in determining that the Work is proceeding in major suppliers of equipment and materials. accordance with the Contract Documents. 9.3.2.8. Reports. 9.3.2.4.2. Report to the ENGINEER whenever the Representative believes that the 9.3.2.8.1. Furnish ENGINEER periodic Work is unsatisfactory, faulty or defective or reports, as required, of the progress of the does not conform to the Contract Documents Work and of the CONTRACTOR'S or has been damaged, or does not meet the compliance with the progress schedule and requirements of any inspections, tests or schedule of shop Drawing and sample approvals required to be made;and advise the submittals. ENGINEER when he believes work should be corrected or rejected or should be uncovered 9.3.2.8.2. Consult with ENGINEER in for observation, or requires special testing, advance of scheduling major tests, inspection or approval. inspections or start of important phases of the Work. 9.3.2.4.3. Accompany visiting inspectors representing public or other agencies having 9.3.2.8.3. Draft proposed Change Orders jurisdiction over the Project,record the results and Work Directive Changes, obtaining of these inspections and report to the backup material from the CONTRACTOR ENGINEER. and recommend to ENGINEER Change Orders, Work Directive Changes and field 9.3.2.5. Interpretation of Contract orders. Documents. Report to ENGINEER when clarifications and interpretations of the Contract 9.3.2.8.4. Report immediately to Documents are needed and transmit to ENGINEER and OWNER the occurrence of CONTRACTOR clarification and interpretation any accident. of the Contract Documents as issued by the ENGINEER 9.3.2.9. Payment Requests. Review applications for pa3ment with CONTRACTOR for compliance 9.3.2.6. Modifications. Consider and with the established procedure for their evaluate CONTRACTOR'S suggestions for submission and forward with recommendation to EJCDC GENERAL CONDITIONS 1910-8(1990 Edition) 20 w1 CITY OF FORT COLLINS MODIFICATIONS(REV 412000) ENGINEER,noting particularly the relationship of requirements of the Contract Documents(in the form of the payment requested to the schedule of values, Drawings or otherwise) as ENGINEER may determine work completed and materials and equt_pment necessary,which shall be consistent with the intent of and delivered at the site but not incorporated in the reasonably inferable from the Contract Documents. Such Work. written clarifications and interpretations will be binding on OWNER and CONTRACTOR If OWNER or 9.3.2.10. Completion. CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price 9.3.2.10.1. Before ENGINEER issues a or the Contract Times and the parties are unable to agree Certificate of Substantial Completion, submit to the amount or extent thereof if any, OWNER or to CONTRACTOR a list of observed items CONTRACTOR may make a written claim therefor as requiring correction or completion provided in Article 11 or Article 12. 9.3.2.10.2. Conduct final inspection in the Authorized Variations in Work: company of the ENGINEER OWNER and CONTRACTOR and prepare a final list of 9.5. ENGINEER may authorize minor variations in items to be corrected or completed. the Work from the requirements of the Contract Documents which do not involve an adjustment in the 9.3.2.10.3. Observe that all items on the Contract Price or the Contract Times and are compatible final list have been corrected or completed and with the design concept of the completed Project as a make recommendations to ENGINEER functioning whole as indicated by the Contract concerning acceptance. Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on 9.3.3. Limitation of Authority: The Representative shall CONTRACTOR who shall perform the Work involved not: promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or 9.3.3.1. Authorize any deviations from the the Contract Times and the parties are unable to agree as Contract Documents or accept any substitute to the amount or extent thereof, OWNER or materials or equipment, unless authorized by the CONTRACTOR may make a written claim therefor as ENGINEER provided in Article 11 or 12. 9.3.3.2. Exceed limitations of ENGINEER'S Rejecting Defective Work: authority as set forth in the Contract Documents. 9.3.3.3. Undertake any of the responsibilities 9.6. ENGINEER will have authority to disapprove or of the CONTRACTOR Subcontractors, or reject Work which ENGINEER believes to be defective, CONTRACTOR'S superintendent or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that 9.3.3.4. Advise on, or issue directions relative will prejudice the integrity of the design concept of the to, or assume control over any aspect of the completed Project as a functioning whole as indicated by means, methods, techniques, sequences or the Contract Documents. ENGINEER will also have procedures for construction unless such is authority to require special inspection or testing of the specifically called for in the Contract Documents. Work as provided in paragraph 13.9, whether or not the Work is fabricated,installed or completed. 9.3.3.5. Advise on or issue directions regarding or assume control over safety Shop Drawings,Change Orders and Payments: precautions and programs in connections with the Work. 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples,see paragraphs 6.24 through 9.3.3.6. Accept Shop Drawings or sample 6.28 inclusive. submittals from anyone other than the CONTRACTOR 9.8. In connection with ENGINEER's authority as to Change Orders,see Articles 10,11,and 12. 9.3.3.7. Authorize OWNER to occupy the Work in whole or in part. 9.9. In connection with ENGINEER's authority as to Applications for Payment,see Article 14. 9.3.3.8. Participate in specialized field or laboratory tests or inspections conducted by others Determinations for Unit Prices: except as specifically authorized by the ENGINEER 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by Clarifications and Interpretations: CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary 9.4. ENGINEER will issue with reasonable promptness determinations on such matters before rendering a written such written clarifications or interpretations of the decision thereon(by recommendation of an Application EJCDC GENERAL CONDITIONS 1910.8(1990 Edition) 21 wl CITY OF FORT COLLINS MODIFICATIONS(REV 42000) for Payment or otherwise). ENGINEER's written decision decision,unless otherwise agreed in writing by OWNER thereon will be final and binding upon OWNER and and CONTRACTOR CONTRACTOR,unless,within ten days after the date of any such decision, either OWNER or CONTRACTOR 9.12. When functioning as interpreter and judge under delivers to the other and to ENGINEER written notice of paragraphs 9.10 and 9.11, ENGINEER will not show intention to appeal from ENGINEER's decision and: (i)an partiality to OWNER or CONTRACTOR and will not be appeal from ENGINEER's decision is taken within the time liable in connection with any interpretation or decision limits and in accordance with the procedures set forth in rendered in good faith in such capacity. The rendering of Exhibit GC-A, "Dispute Resolution Agreement", entered a decision by ENGINEER pursuant to paragraphs 9.10 or into between OWNER and CONTRACTOR pursuant to 9.11 with respect to any such claim, dispute or other Article 16,or(d)if no such Dispute Resolution Agreement matter(except any which have been waived by the making has been entered into,a formal proceeding is instituted by or acceptance of final payment as provided in the appealing party in a forum of competent jurisdiction to paragraph 14.15) will be a condition precedent to any exercise such rights or remedies as the appealing party may exercise by OWNER or CONTRACTOR of such rights or have with respect to ENGINEER's decision, unless remedies as either may otherwise have under the Contract otherwise agreed in writing by OWNER and Documents or by Laws or Regulations in respect of any CONTRACTOR Such appeal will not be subject to the such claim,dispute or other matter . procedures of paragraph 9.11. 9.13. Limitations on ENGINEER's Authmzt, and Decisions on Disputes• Responsibilities: 9.11. ENGINEER will be the initial interpreter of the 9.13.1. Neither ENGINEER's authority or requirements of the Contract Documents and judge of the responsibility under this Article 9 or under any other acceptability of the Work thereunder. Claims,disputes and provision of the Contract Documents nor any decision other matters relating to the acceptability of the Work or made by ENGINEER in good faith either to exercise the interpretation of the requirements of the Contract or not exercise such authority or responsibility or the Documents pertaining to the performance and furnishing of undertaking,exercise or performance of any authority the Work and claims under Articles 11 and 12 in respect of or responsibility by ENGINEER shall create,impose changes in the Contract Price or Contract Times will be or give rise to any duty owed by ENGINEER to referred initially to ENGINEER in writing with a request CONTRACTOR, any Subcontractor, any Supplier, for a formal decision in accordance with this paragraph. any other person or organization,or to any surety for Written notice of each such claim,dispute or other matter or employee or agent of any of them. will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event 9.13.2. ENGINEER will not supervise, direct, later than thirty days) after the start of the occurrence or control or have authority over or be responsible for event giving rise thereto, and written supporting data will CONTRACTOR's means, methods, techniques, be submitted to ENGINEER and the other party within sequences or procedures of construction,or the safety sixty days after the start of such occurrence or event unless precautions and programs incident thereto,or for any ENGINEER allows an additional period of time for the failure of CONTRACTOR to comply with Laws and submission of additional or more accurate data in support Regulations applicable to the furnishing or of such claim,dispute or other matter. The opposing party performance of the Work. ENGINEER will not be shall submit any response to ENGINEER and the claimant responsible for CONTRACTOR's failure to perform within thirty days after receipt of the claimant's last or furnish the Work in accordance with the Contract submittal (unless ENGINEER allows additional time). Documents. ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal,if 9.13.3. ENGINEER will not be responsible for the any, in accordance with this paragraph. ENGINEER's acts or omissions of CONTRACTOR or of any written decision on such claim,dispute or other matter will Subcontractor,any Supplier,or of any other person or be final and binding upon OWNER and CONTRACTOR organization performing or furnishing any of the unless: (i)an appeal from ENGINEER's decision is taken Work. within the time limits and in accordance with the procedures set forth in EXHIBIT GC-A, "Dispute 9.13.4. ENGINEER's review of the final Application Resolution Agreement",entered into between OWNER and for Payment and accompanying documentation and CONTRACTOR pursuant to Article 16, or (11)if no such all maintenance and operating instructions,schedules, Dispute Resolution Agreement has been entered into, a guarantees,Bonds and certificates of inspection,tests written notice of intention to appeal from ENGINEER's and approvals and other documentation required to be written decision is delivered by OWNER or delivered by paragraph 14.12 will only be to CONTRACTOR to the other and to ENGINEER within determine generally that their content complies with thirty days after the date of such decision and a formal the requirements of,and in the case of certificates of proceeding is instituted by the appealing party in a forum of inspections, tests and approvals that the results competent jurisdiction to exercise such rights or remedies certified indicate compliance with, the Contract as the appealing party may have with respect to such claim, Documents. dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such 9.13.5. The limitations upon authority and EJCDC GENERAL CONDITIONS 1910-8(1990 Edition) 22 w1 CITY OF FORT COLLINS MODIFICATIONS(REV 412000) responsibility set forth in this paragraph 9.13 shall also (including,but not limited to; Contract Price or Contract apply to ENGINEER's Consultants, Resident Project Times) is required by the provisions of any Bond to be Representative and assistants. given to a surety, the giving of any such notice will be CONTRACTOR's responsibility,and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 10--CHANGES IN TILE WORK 10.6. By the execution of a Change Order, a Work Change Directive or Written Agreement, OWNER and 10.1, Without invalidating the Agreement and without CONTRACTOR expressly acknowledge and agree that notice to any surety, OWNER may, at any time or from said Change Order, Work Change Directive or Written time to time, order additions,deletions or revisions in the AgreementpLovides for a fair and equitable adjustment in Work. Such additions, deletions or revisions will be the Contract Price and/or Contract Times for the additions, authorized by a Written Amendment,a Change Order,or a deletions or revisions in the Work as authorized by said Work Change Directive. Upon receipt of any such Change Order, Work Change Directive or Written document, CONTRACTOR shall promptly proceed with Agreement OWNER and CONTRACTOR further the Work involved which will be performed under the expressly acknowledge and agree that claims for applicable conditions of the Contract Documents(except as adjustments to the Contract Price and(or Contract Times otherwise specifically provided). covered by a Change Order, Work Change Directive or Written Agreement are not valid 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that ARTICLE 11—CHANGE OF CONTRACT PRICE should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 11 or Article 12. 11.1. The Contract Price constitutes the total 10.3. CONTRACTOR shall not be entitled to an increase compensation(subject to authorized adjustments)payable in the Contract Price or an extension of the Contract Times to CONTRACTOR for performing the Work. All duties, with respect to any Work performed that is not required by responsibilities and obligations assigned to or undertaken the Contract Documents as amended, modified and by CONTRACTOR shall be at CONTRACTOR's expense supplemented as provided in paragraphs 3.5 and 3.6,except without change in the Contract Price. in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in 11.2. The Contract Price may only be changed by a paragraph 13.9. Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on 10.4. OWNER and CONTRACTOR shall execute written notice delivered by the party making the claim to appropriate Change Orders recommended by ENGINEER the other party and to ENGINEER promptly (but in no (or Written Amendments)covering: event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the 10.4.1. changes in the Work which are(i)ordered general nature of the claim. Notice of the amount of the by OWNER pursuant to paragraph 10.1,(ii)required claim with supporting data shall be delivered within sixty because of acceptance of defective Work under days after the start of such occurrence or event (unless paragraph 13.13 or correcting defective Work under ENGINEER allows additional time for claimant to submit paragraph 13.14,or(iii)agreed to by the parties; additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement 10.4.2. changes in the Contract Price or Contract that the adjustment claimed covers all known amounts to Times which are agreed to by the parties;and which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the 10.4.3. changes in the Contract Price or Contract Contract Price shall be determined by ENGINEER in Times which embody the substance of any written accordance with paragraph 9.11 if OWNER and decision rendered by ENGINEER pursuant to CONTRACTOR cannot otherwise agree on the amount paragraph 9.11; involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this provided that,in lieu of executing any such Change Order, paragraph 11.2. an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents 11.3. The value of any Work covered by a Change and applicable Laws and Regulations,but during any such Order or of any claim for an adjustment in the Contract appeal, CONTRACTOR shall carry on the Work and Price will be determined as follows: adhere to the progress schedule as provided in paragraph 6.29. 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by 10.5. If notice of any change affecting the general scope application of such unit prices to the quantities of the of the Work or the provisions of the Contract Documents items involved (subject to the provisions of EJCDC GENERAL CONDITIONS 1910.8(1990 Edition) 23 w/CITY OF FORT COLLINS MODIFICATIONS(REV 42000) paragraphs 11.9.1 through 11.9.3,inclusive); CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to OWNER and 11.3.2. where the Work involved is not covered by CONTRACTOR and shall deliver such bids to unit prices contained in the Contract Documents,by a OWNER who will then determine,with the advice of mutually agreed payment basis, including lump sum ENGINEER,which bids,if any,will be accepted. If (which may include an allowance for overhead and any subcontract provides that the Subcontractor is to profit not necessarily in accordance with be paid on the basis of Cost of the Work plus a fee, paragraph 11.6.2); the Subcontractors Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's 11.3.3.where the Work involved is not covered by unit Cost of the Work and fee as provided in prices contained in the Contract Documents and paragraphs 11.4, 11.5, 11.6 and 11.7. All agreement to a lump sum is not reached under subcontracts shall be subject to the other provisions of paragraph 11.3.2,on the basis of the Cost of the Work the Contract Documents insofar as applicable. (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit 11.4.4. Costs of special consultants (including but (determined as provided in paragraph 11.6). not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants) Cost ofthe Work employed for services specifically related to the Work. 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in 11.4.5. Supplemental costs including the following: the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall 11.4.5.1. The proportion of necessary be in amounts no higher than those prevailing in the transportation,travel and subsistence expenses of locality of the Project, shall include only the following CONTRACTOR's employees incurred in items and shall not include any of the costs itemized in discharge of duties connected with the Work. paragraph 11.5: 11.4.5.2. Cost, including transportation and 11.4.1.Payroll costs for employees in the direct maintenance, of all materials, supplies, employ of CONTRACTOR in the performance of the equipment, machinery, appliances, office and Work under schedules of job classifications agreed temporary facilities at the site and hand tools not upon by OWNER and CONTRACTOR. Such owned by the workers,which are consumed in the employees shall include without limitation performance of the Work, and cost less market superintendents, foremen and other personnel value of such items used but not consumed which employed full-time at the site. Payroll costs for remain the property of CONTRACTOR- employees not employed full-time on the Work shall be apportioned on the basis of their time spent on the 11.4.5.3. Rentals of all construction Work.Payroll costs shall include;-blot net be limited to, equipment and machinery and the parts thereof salaries and wages plus the cost of fringe benefits whether rented from CONTRACTOR or others in which shall include social security contributions, accordance with rental agreements approved by unemployment, excise and payroll taxes, workers' OWNER with the advice of ENGINEER,and the compensation,health and Fetirement benefits,bentisees costs of transportation, loading, unloading, siek leave,vaeation and holiday pay applicable thereto. installation, dismantling and removal thereof—all The expenses of performing Work after regular in accordance with terms of said rental working hours,on Saturday,Sunday or legal holidays, agreements. The rental of any such equipment, shall be included in the above to the extent authorized machinery or parts shall cease when the use by OWNER. thereof is no longer necessary for the Work. 11.4.2. Cost of all materials and equipment furnished 11.4.5.4. Sales,consumer,use or similar taxes and incorporated in the Work, including costs of related to the Work, and for which transportation and storage thereof,and Suppliers'field CONTRACTOR is liable, imposed by Laws and services required in connection therewith All cash Regulations. discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with 11.4.5.5. Deposits lost for causes other than which to make payments, in which case the cash negligence of CONTRACTOR, any discounts shall accrue to OWNER. All trade Subcontractor or anyone directly or indirectly discounts,rebates and refunds and returns from sale of employed by any of them or for whose acts any surplus materials and equipment shall accrue to of them may be liable,and royalty payments and OWNER,and CONTRACTOR shall make provisions fees for permits and licenses. so that they may be obtained 11.4.5.6. Losses and damages (and related 11.4.3.Payments made by CONTRACTOR to the expenses) caused by damage to the Work, not Subcontractors for Work performed or furnished by compensated by insurance or otherwise,sustained Subcontractors. If required by OWNER, by CONTRACTOR in connection with the EJCDC GENERAL CONDITIONS 1910-8(1990 Edition) 24 w1 CITY OF FORT COLLINS MODIFICATIONS(REV 412000) performance and furnishing of the Work (except 11.5.5. Costs due to the negligence of losses and damages within the deductible amounts CONTRACTOR, any Subcontractor, or anyone of property insurance established by OWNER in directly or indirectly employed by any of them or for accordance with paragraph 5.9), provided they whose acts any of them may be liable, including but have resulted from causes other than the not limited to, the correction of defective Work, negligence of CONTRACTOR, any disposal of materials or equipment wrongly supplied Subcontractor, or anyone directly or indirectly and making good any damage to property. employed by any of them or for whose acts any of them may be liable. Such losses shall include 11.5.6. Other overhead or general expense costs of settlements made with the written consent and any kind and the costs of any item not specifically and approval of OWNER No such losses, damages expressly included in paragraph 11.4. and expenses shall be included in the Cost of the Work for the purpose of determining 11.6. The CONTRACTOR's fee allowed to CONTRACTOR's fee. If;however,any such loss CONTRACTOR for overhead and profit shall be or damage requires reconstruction and determined as follows: CONTRACTOR is placed in charge thereof; CONTRACTOR shall be paid for services a fee 11.6.1.a mutually acceptable fixed fee;or proportionate to that stated in paragraph 11.6.2. 11.6.2. if a fixed fee is not agreed upon, then a fee 11.4.5.7. The cost of utilities, fuel and sanitary based on the following percentages of the various facilities at the site. portions of the Cost of the Work: 11.4.5.8. Minor expenses such as telegrams, 11.6.2.1. for costs incurred under long distance telephone calls, telephone service at paragraphs 11.4.1 and 11.4.2, the the site,expressage and similar petty cash items in CONTRACTOR's fee shall be fifteen percent; connection with the Work. 11.6.2.2. for costs incurred under 11.4.5.9. Cost of premiums for additional Bonds paragraph 11.4.3,the CONTRACTOR's fee shall and insurance required because of changes in the be five percent; Work. 11.6.2.3. where one or more tiers of 11.5. The term Cost of the Work shall not include any of subcontracts are on the basis of Cost of the Work the following: plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.5.1. Payroll costs and other compensation of 11.6.2 is that the Subcontractor who actually CONTRACTOR's officers, executives, principals (of performs or furnishes the Work,at whatever tier, partnership and sole proprietorships),general managers, will be paid a fee of fifteen percent of the costs engineers, architects, estimators, attorneys, auditors, incurred by such Subcontractor under paragraphs accountants, purchasing and contracting agents, 11.4.1 and 11.4.2 and that any higher tier expediters, timekeepers, clerks and other personnel Subcontractor and CONTRACTOR will each be employed by CONTRACTOR whether at the site or in paid a fee of a.e penefA of the.,,..,..,,..paid. CONTRACTOR's principal or a branch office for the next lower tier Subeentmeter-;to be negotiated general administration of the Work and not specifically in good faith with the OWNER but not to exceed included in the agreed upon schedule of job five percent of the amount paid to the next lower classifications referred to in paragraph 11.4.1 or tier Subcontractor, specifically covered by paragraph 11.4.4—all of which are to be considered administrative costs covered by the 11.6.2.4. no fee shall be payable on the basis CONTRACTOR's fee. of costs itemized under paragraphs 11.4.4,11.4.5 and 11.5; 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at 11.6.2.5. the amount of credit to be allowed the site. by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the 11.5.3. Any part of CONTRACTORSs capital amount of the actual net decrease in cost plus a expenses, including interest on CONTRACTOR'S deduction in CONTRACTOR's fee by an amount capital employed for the Work and charges against equal to five percent of such net decrease;and CONTRACTOR for delinquent payments. 11.6.2.6. when both additions and credits are 11.5.4. Cost of premiums for all Bonds and for all involved in any one change, the adjustment in insurance whether or not CONTRACTOR is required CONTRACTOR's fee shall be computed on the by the Contract Documents to purchase and maintain basis of the net change in accordance with the same (except for the cost of premiums covered by paragraphs 11.6.2.1 through 11.6.2.5,inclusive. subparagraph 11.4.5.9 above). 11.7. Whenever the cost of any Work is to be EJCDC GENERAL CONDITIONS 1910.8(1990 Edition) 25 w/CITY OF FORT COLLINS MODIFICATIONS(REV 42000) determined pursuant to paragraphs 11.4 and 11.5, and CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting 11.9.3.2. there is no corresponding adjustment practices and submit in form acceptable to ENGINEER an with respect to any other item of Work;and itemized cost breakdown together with supporting data. 11.9.3.3. if CONTRACTOR believes that Cash Allowances: CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred 11.8. It is understood that CONTRACTOR has included additional expense or OWNER believes that in the Contract Price all allowances so named in the OWNER is entitled to a decrease in Contract Price Contract Documents and shall cause the Work so covered and the parties are unable to agree as to the to be firrlished and performed for such sums as may be amount of any such increase or decrease. acceptable to OWNER and ENGINEER CONTRACTOR agrees that: 11.9.3.4. CONTRACTOR acknowledges that the OWNER has the right to add or delete items in 11.8.1. the allowances include the cost to the Bid or change quantities at OWNERS sole CONTRACTOR(less any applicable trade discounts) discretion without affecting the Contract Price of of materials and equipment required by the allowances aaW remaining item so long as the deletion or to be delivered at the site,and all applicable taxes,and addition does not exceed twenty-five percent of the original total Contract Price. 11.8.2. CONTRACTORS costs for unloading and handling on the site,labor,installation costs,overhead, profit and other expenses contemplated for the ARTICLE 12--CHANGE OF CONTRACT TIMES allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. 12.1. The Contract Times(or Milestones)may only be changed by a Change Order or a Written Amendment. Prior to final payment,an appropriate Change Order will be Any claim for an adjustment of the Contract Times (or issued as recommended by ENGINEER to reflect actual Milestones)shall be based on written notice delivered by amounts due CONTRACTOR on account of Work covered the party making the claim to the other party and to by allowances, and the Contract Price shall be ENGINEER promptly (but in no event later than thirty correspondingly adjusted. days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice 11.9. Unit Price Work: of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence(unless 11.9.1.Where the Contract Documents provide that all ENGINEER allows additional time to ascertain more or part of the Work is to be Unit Price Work,initially accurate data in support of the claim) and shall be the Contract Price will be deemed to include for all accompanied by the claimants written statement that the Unit Price Work an amount equal to the sum of the adjustment claimed is the entire adjustment to which the established unit prices for each separately identified claimant has reason to believe it is entitled as a result of item of Unit Price Work times the estimated quantity the occurrence of said event. All claims for adjustment in of each item as indicated in the Agreement. The the Contract Times(or Milestones)shall be determined by estimated quantities of items of Unit Price Work are ENGINEER in accordance with paragraph 9.11 if not guaranteed and are solely for the purpose of OWNER and CONTRACTOR cannot otherwise agree. comparison of Bids and determining an initial Contract No claim for an adjustment in the Contract Times (or Price. Determinations of the actual quantities and Milestones)will be valid if not submitted in accordance classifications of Unit Price Work performed by with the requirements of this paragraph 12.1. CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 11.9.2.Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate 12.3. Where CONTRACTOR is prevented from to cover CONTRACTORs overhead and profit for completing any part of the Work within the Contract each separately identified item. Times(or Milestones)due to delay beyond the control of CONTRACTOR,the Contract Times(or Milestones)will 11.9.3.OWNER or CONTRACTOR may make a be extended in an amount equal to time lost due to such claim for an adjustment in the Contract Price in delay if a claim is made therefor as provided in accordance with Article I 1 if. paragraph 12.1. Delays beyond the control of CONTRACTOR shall include,but not be limited to,acts 11.9.3.1. the quantity of any item of Unit Price or neglect by OWNER,acts or neglect of utility owners or Work performed by CONTRACTOR differs other contractors performing other work as contemplated materially and significantly from the estimated by Article 7, fires, floods, epidemics, abnormal weather quantity of such item indicated in the Agreement; conditions or acts of God. Delays attributable to and EJCDC GENERAL CONDITIONS 1910-8(1990 Edition) 26 w1 CITY OF FORT COLLINS MODIFICATIONS(REV 412000) within the control of a Subcontractor or Supplier shall be below shall be paid as provided in said deemed to be delays within the control of CONTRACTOR paragraph 13.9;and 12.4. Where CONTRACTOR is prevented from 13.4.3. as otherwise specifically provided in the completing any part of the Work within the Contract Times Contract Documents. (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the 13.5. If Laws or Regulations of any public body having Contract Times(or Milestones)in an amount equal to the jurisdiction require any Work(or part thereof)specifically time lost due to such delay shall be CONTRACTOR's sole to be inspected, tested or approved by an employee or and exclusive remedy for such delay. In no event shall other representative of such public body,CONTRACTOR OWNER be liable to CONTRACTOR,any Subcontractor, shall assume full responsibility for arranging and any Supplier, any other person or organization, or to any obtaining such inspections,tests or approvals,pay all costs surety for or employee or agent of any of them, for in connection therewith, and furnish ENGINEER the damages arising out of or resulting from (i)delays caused required certificates of inspection, or approval. by or within the control of the CONTRACTOR, or CONTRACTOR shall also be responsible for arranging (ii)delays beyond the control of both parties including,but and obtaining and shall pay all costs in connection with not limited to, fires, floods, epidemics, abnormal weather any inspections,tests or approvals required for OWNER's conditions,acts of God or acts or neglect by utility owners and ENGINEER'S acceptance of materials or equipment to or other contractors performing other work as contemplated be incorporated in the Work,or of materials,mix designs, by Article 7. or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. ARTICLE 13--TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF 13.6. If any Work(or the work of others)that is to be DEFECTIVE WORK inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. 13.1. Notice of Defects: 13.7. Uncovering Work as provided in paragraph 13.6 Prompt notice of all defective Work of which OWNER or shall be at CONTRACTOR's expense unless ENGINEER have actual knowledge will be given to CONTRACTOR has given ENGINEER timely notice of CONTRACTOR All defective Work may be rejected, CONTRACTOR's intention to cover the same and corrected or accepted as provided in this Article 13. ENGINEER has not acted with reasonable promptness in response to such notice. Access to Work: Uncovering Work: 13.2. OWNER,ENGINEER,ENGINEER'S Consultants, other representatives and personnel of OWNER, 13.8. If any Work is covered contrary to the written independent testing laboratories and governmental agencies request of ENGINEER it must, if requested by with jurisdictional interests will have access to the Work at ENGINEER,be uncovered for ENGINEER's observation r-easenable time for their observation, inspecting and and replaced at CONTRACTOR's expense. testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of 13.9. If ENGINEER considers it necessary or advisable CONTRACTOR's site safety procedures and programs so that covered Work be observed by ENGINEER or that they may comply therewith as applicable. inspected or tested by others, CONTRACTOR, at ENGINEER's request,shall uncover,expose or otherwise Tests and Inspections: make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in 13.3. CONTRACTOR shall give ENGINEER timely question, finnishing all necessary labor, material and notice of readiness of the Work for all required inspections, equipment. If it is found that such Work is defective, tests or approvals,and shall cooperate with inspection and CONTRACTOR shall pay all claims, costs, losses and testing personnel to facilitate required inspections or tests. damages caused by,arising out of or resulting from such uncovering, exposure,observation, inspection and testing 13.4. OWNER shall employ and pay for the services of and of satisfactory replacement or reconstruction, an independent testing laboratory to perform all (including but not limited to all costs of repair or inspections, tests, or approvals required by the Contract replacement of work of others); and OWNER shall be Documents except: entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount 13.4.1. for inspections,tests or approvals covered thereof; may make a claim therefor as provided in by paragraph 13.5 below; Article 11. If, however, such Work is not found to be defective,CONTRACTOR shall be allowed an increase in 13.4.2. that costs incurred in connection with tests the Contract Price or an extension of the Contract Times or inspections conducted pursuant to paragraph 13.9 (or Milestones), or both, directly attributable to such EJCDC GENERAL CONDITIONS 1910-8(1990 Edition) 27 W1 CITY OF FORT COLLINS MODIFICATIONS(REV 42000) uncovering, exposure, observation, inspection, testing, Work resulting therefrom) has been corrected, replacement and reconstruction; and, if the parties are removed or replaced under this paragraph 13.12, the unable to agree as to the amount or extent thereof, correction period hereunder with respect to such Work CONTRACTOR may make a claim therefor as provided in will be extended for an additional period of one year Articles 11 and 12. two year after such correction or removal and replacement has been satisfactorily completed. OWNER May Stop the Work: Acceptance of Defective Work: 13.10. If the Work is defective,or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or 13.13. If,instead of requiring correction or removal and equipment,or fails to furnish or perform the Work in such a replacement of defective Work, OWNER (and, prior to way that the completed Work will conform to the Contract ENGINEER's recommendation of final payment, also Documents, OWNER may order CONTRACTOR to stop ENGINEER) prefers to accept it, OWNER may do so. the Work, or any portion thereof,until the cause for such CONTRACTOR shall pay all claims, costs, losses and order has been eliminated;however,this right of OWNER damages attributable to OWNER's evaluation of and to stop the Work shall not give rise to any duty on the part determination to accept such defective Work(such costs to of OWNER to exercise this right for the benefit of be approved by ENGINEER as to reasonableness). If any CONTRACTOR or any surety or other party. such acceptance occurs prior to ENGINEER's recommendation of final payment,a Change Order will be Correction or Removal of Defective Work.• issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and 13.11. If required by ENGINEER,CONTRACTOR shall OWNER shall be entitled to an appropriate decrease in the promptly, as directed, either correct all defective Work, Contract Price,and,if the parties are unable to agree as to whether or not fabricated,installed or completed,or,if the the amount thereof,OWNER may make a claim therefor Work has been rejected by ENGINEER,remove it from the as provided in Article 11. If the acceptance occurs after site and replace it with Work that is not defective. such recommendation,an appropriate amount will be paid CONTRACTOR shall pay all claims, costs, losses and by CONTRACTOR to OWNER. damages caused by or resulting from such correction or removal(including but not limited to all costs of repair or OWNER May Correct Defective Work: replacement of work of others). 13.14. If CONTRACTOR fails within a reasonable time 13.12. Correction Period: after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required 13.12.1.If within one year two years after the date of by ENGINEER in accordance with paragraph 13.11,or if Substantial Completion or such longer period of time as CONTRACTOR fails to perform the Work in accordance may be prescribed by Laws or Regulations or by the with the Contract Documents,or if CONTRACTOR fails terms of any applicable special guarantee required by to comply with any other provision of the Contract the Contract Documents or by any specific provision of Documents, OWNER may, after seven days' written the Contract Documents, any Work is found to be notice to CONTRACTOR, correct and remedy any such defective,CONTRACTOR shall promptly,without cost deficiency. In exercising the rights and remedies under to OWNER and in accordance with OWNER's written this paragraph OWNER shall proceed expeditiously. In instructions: (i)correct such defective Work,or,if it has connection with such corrective and remedial action, been rejected by OWNER,remove it from the site and OWNER may exclude CONTRACTOR from all or part of replace it with Work that is not defective, and (ii) the site, take possession of all or part of the Work, and satisfactorily correct or remove and replace any damage suspend CONTRACTOR's services related thereto, take to other Work or the work of others resulting therefrom. possession of CONTRACTOR's tools, appliances, If CONTRACTOR does not promptly comply with the construction equipment and machinery at the site and terms of such instructions, or in an emergency where incorporate in the Work all materials and equipment delay would cause serious risk of lass or damage, stored at the site or for which OWNER has paid OWNER may have the defective Work corrected or the CONTRACTOR but which are stored elsewhere. rejected Work removed and replaced, and all claims, CONTRACTOR shall allow OWNER, OWNER's costs, losses and damages caused by or resulting from representatives, agents and employees, OWNER's other such removal and replacement (including but not contractors and ENGINEER and ENGINEER's limited to all costs of repair or replacement of work of Consultants access to the site to enable OWNER to others)will be paid by CONTRACTOR exercise the rights and remedies under this paragraph All claims,costs,losses and damages incurred or sustained by 13.12.2.In special circumstances where a particular OWNER in exercising such rights and remedies will be item of equipment is placed in continuous service charged against CONTRACTOR and a Change Order will before Substantial Completion of all the Work, the be issued incorporating the necessary revisions in the correction period for that item may start to run from an Contract Documents with respect to the Work; and earlier date if so provided in the Specifications or by OWNER shall be entitled to an appropriate decrease in the Written Amendment. Contract Price,and,if the parties are unable to agree as to the amount thereof,OWNER may make a claim therefor 13.12.3.Where defective Work (and damage to other as provided in Article 11. Such claims,costs, losses and EJCDC GENERAL CONDITIONS 1910-8(1990 Edition) 28 w1 CITY OF FORT COLLINS MODIFICATIONS(REV 412000) damages will include but not be limited to all costs of recommendation of payment and present the Application repair or replacement of work of others destroyed or to OWNER,or return the Application to CONTRACTOR damaged by correction, removal or replacement of indicating in writing ENGINEER's reasons for refusing to CONTRACTOR's defective Work. CONTRACTOR shall recommend payment. In the latter case,CONTRACTOR not be allowed an extension of the Contract Times (or may make the necessary corrections and resubmit the Milestones) because of any delay in performance of the Application. Ten days after presentation of the Work attributable to the exercise by OWNER of OWNER's Application for Payment to OWNER with ENGINEER's rights and remedies hereunder. recommendation,the amount recommended will(subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to ARTICLE 14--PAYMENTS TO CONTRACTOR AND CONTRACTOR COMPLETION 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on Schedule of Values: ENGINEER's on-site observations of the executed Work as an experienced and qualified design professional and on 14.1. The schedule of values established as provided in ENGINEER's review of the Application for Payment and paragraph 2.9 will serve as the basis for progress payments the accompanying data and schedules,that to the best of and will be incorporated into a form of Application for ENGINEER'S knowledge,information and belief: Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of 14.5.1. the Work has progressed to the point units completed. indicated, Application for Progress Payment: 14.5.2. the quality of the Work is generally in accordance with the Contract Documents(subject to 14.2. At least twenty days before the date established for an evaluation of the Work as a functioning whole each progress payment (but not more often than once a prior to or upon Substantial Completion,to the results month), CONTRACTOR shall submit to ENGINEER for of any subsequent tests called for in the Contract review an Application for Payment filled out and signed by Documents,to a final determination of quantities and CONTRACTOR covering the Work completed as of the classifications for Unit Price Work under date of the Application and accompanied by such paragraph 9.10,and to any other qualifications stated supporting documentation as is required by the Contract in the recommendation),and Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but 14.5.3. the conditions precedent to delivered and suitably stored at the site or at another CONTRACTOR's being entitled to such payment location agreed to in writing,the Application for Payment appear to have been fulfilled insofar as it is shall also be accompanied by a bill of sale,invoice or other ENGINEER's responsibility to observe the Work. documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and However, by recommending any such payment evidence that the materials and equipment are covered by ENGINEER will not thereby be deemed to have appropriate property insurance and other arrangements to represented that: (i)exhaustive or continuous on-site protect OWNER's interest therein, all of which will be inspections have been made to check the quality or the satisfactory to OWNER. The amount of retamage with quantity of the Work beyond the responsibilities respect to progress payments will be as stipulated in the specifically assigned to ENGINEER in the Contract Agreement. Any funds that are withheld by the OWNER Documents or(ii)that there may not be other matters or shall not be subject to substitution by the CONTRACTOR issues between the parties that might entitle with securities or any arrangements involving an escrow or CONTRACTOR to be paid additionally by OWNER or custodianship. By executing the application for payment entitle OWNER to withhold payment to CONTRACTOR form the CONTRACTOR expressly waives his right to the benefits of Colorado Revised Statutes, Section 24-91-101, 14.6. ENGINEER's recommendation of any payment, et Seq. including final payment,shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, CONTRACTOR's Ww-ranty of Tide: techniques, sequences or procedures of construction, or 14.3. CONTRACTOR warrants and guarantees that title the safety precautions and programs incident thereto, or to all Work, materials and equipment covered by any for any failure of CONTRACTOR to comply with Laws Application for Payment, whether incorporated in the and Regulations applicable to the famishing or Project or not,will pass to OWNER no later than the time performance of Work, or for any failure of of payment free and clear of all Liens. CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. Review of Applications for Progress Payment: 14.7. ENGINEER may refuse to recommend the whole 14.4. ENGINEER will, within ten days after receipt of or any part of any payment if,in ENGINEER's opinion,it each Application for Payment, either indicate in writing a would be incorrect to make the representations to EJCDC GENERAL CONDITIONS 1910.8(1990 Edition) 29 wl CITY OF FORT COLLINS MODIFICATIONS(REV 42000) OWNER referred to in paragraph 14.5. ENGINEER may considers the Work substantially complete, ENGINEER also refuse to recommend any such payment,or,because of will prepare and deliver to OWNER a tentative certificate subsequently discovered evidence or the results of of Substantial Completion which shall fix the date of subsequent inspections or tests, nullify any such payment Substantial Completion. There shall be attached to the previously recommended, to such extent as may be certificate a tentative list of items to be completed or necessary in ENGINEER's opinion to protect OWNER corrected before final payment. OWNER shall have seven from loss because: days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any 14.7.1. the Work is defective,or completed Work has provisions of the certificate or attached list. If, after been damaged requiring correction or replacement, considering such objections, ENGINEER concludes that the Work is not substantially complete,ENGINEER will 14.7.2. the Contract Price has been reduced by within fourteen days after submission of the tentative Written Amendment or Change Order, certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of 14.7.3. OWNER has been required to correct OWNER's objections, ENGINEER considers the Work defective Work or complete Work in accordance with substantially complete, ENGINEER will within said paragraph 13.14,or fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial 14.7.4. ENGINEER has actual knowledge of the Completion (with a revised tentative list of items to be occurrence of any of the events enumerated in completed or corrected)reflecting such changes from the paragraphs 15.2.1 through 15.2.4 inclusive. tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the OWNER may refuse to make payment of the full amount time of delivery of the tentative certificate of Substantial recommended by ENGINEER because: Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division 14.7.5. claims have been made against OWNER on of responsibilities pending final payment between account of CONTRACTOR's performance or furnishing OWNER and CONTRACTOR with respect to security, of the Work, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless OWNER and 14.7.6. Liens have been filed in connection with the CONTRACTOR agree otherwise in writing and so inform Work, except where CONTRACTOR has delivered a ENGINEER in writing prior to ENGINEER's issuing the specific Bond satisfactory to OWNER to secure the definitive certificate of Substantial Completion, satisfaction and discharge of such Liens, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.7.7. there are other items entitling OWNER to a set- off against the amount recommended,or 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of 14.7.8. OWNER has actual knowledge of the Substantial Completion, but OWNER shall allow occurrence of any of the events enumerated in CONTRACTOR reasonable access to complete or correct paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 items on the tentative list. through 15.2.4 inclusive; Partial Utilization: but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the 14.10. Use by OWNER at OWNER's option of any reasons for such action and promptly pay CONTRACTOR substantially completed part of the Work,which: (i)has the amount so withheld, or any adjustment thereto agreed specifically been identified in the Contract Documents,or to by OWNER and CONTRACTOR, when (A)OWNER, ENGINEER and CONTRACTOR agree CONTRACTOR corrects to OWNER's satisfaction the constitutes a separately functioning and usable part of the reasons for such action Work that can be used by OWNER for its intended purpose without significant interference with Substantial Completion: CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial 14.8. When CONTRACTOR considers the entire Work Completion of all the Work subject to the following: ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work 14.10.1.OWNER at any time may request is substantially complete (except for items specifically CONTRACTOR in writing to permit OWNER to use listed by CONTRACTOR as incomplete)and request that any such part of the Work which OWNER believes to ENGINEER issue a certificate of Substantial Completion. be ready for its intended use and substantially Within a reasonable time thereafter, OWNER, complete. If CONTRACTOR agrees that such part of CONTRACTOR and ENGINEER shall make an inspection the Work is substantially complete,CONTRACTOR of the Work to determine the status of completion. If will certify to OWNER and ENGINEER that such ENGINEER does not consider the Work substantially part of the Work is substantially complete and request complete, ENGINEER will notify CONTRACTOR in ENGINEER to issue a certificate of Substantial writing giving the reasons therefor. If ENGINEER Completion for that part of the Work. EJCDC GENERAL CONDITIONS 1910-8(1990 Edition) 30 w1 CITY OF FORT COLLINS MODIFICATIONS(REV 412000) CONTRACTOR at any time may notify OWNER and to furnish such a release or receipt in full, ENGINEER in writing that CONTRACTOR considers CONTRACTOR may furnish a Bond or other collateral any such part of the Work ready for its intended use satisfactory to OWNER to indemnify OWNER against and substantially complete and request ENGINEER to any Lien Releases or waivers of liens and the consent of issue a certificate of Substantial Completion for that the surety to finalize payment are to be submitted on part of the Work.Within a reasonable time after either forms conforming to the format of the OWNER'S standard such request, OWNER, CONTRACTOR and forms bound in the Project manual. ENGINEER shall make an inspection of that part of the Work to determine its status of completion If Final Payment andAcceptance: ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify 14.13. If, on the basis of ENGINEER's observation of OWNER and CONTRACTOR in writing giving the the Work during construction and final inspection, and reasons therefor. If ENGINEER considers that part of ENGINEER's review of the final Application for Payment the Work to be substantially complete,the provisions and accompanying documentation as required by the of paragraphs 14.8 and 14.9 will apply with respect to Contract Documents, ENGINEER is satisfied that the certification of Substantial Completion of that part of Work has been completed and CONTRACTOR's other the Work and the division of responsibility in respect obligations under the Contract Documents have been thereof and access thereto. fulfilled,ENGINEER will,within ten days after receipt of the final Application for Payment, indicate in writing 14.10.2. No occupancy or separate operation of part ENGINEER'S recommendation of payment and present of the Work will be accomplished prior to compliance the Application to OWNER for payment. At the same with the requirements of paragraph 5.15 in respect of time ENGINEER will also give written notice to OWNER property insurance. and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, FnalImTection: ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for 14.11. Upon written notice from CONTRACTOR that the refusing to recommend final payment, in which case entire Work or an agreed portion thereof is complete, CONTRACTOR shall make the necessary corrections and ENGINEER will make a final inspection with OWNER resubmit the Application. Thirty days after presentation to and CONTRACTOR and will notify CONTRACTOR in OWNER of the Application and accompanying writing of all particulars in which this inspection reveals documentation, in appropriate form and substance and that the Work is incomplete or defective. CONTRACTOR with ENGINEER'S recommendation and notice of shall immediately take such measures as are necessary to acceptability, the amount recommended by ENGINEER complete such work or remedy such deficiencies. will become due and will be paid by OWNER to CONTRACTOR subject to paragraph 17.6.2 of these Final Application for Payment.• General Conditions. 14.12. After CONTRACTOR has completed all such 14.14. If� through no fault of CONTRACTOR, final corrections to the satisfaction of ENGINEER and delivered completion of the Work is significantly delayed and if in accordance with the Contract Documents all ENGINEER so confirms,OWNER shall,upon receipt of maintenance and operating instructions, schedules, CONTRACTOR's final Application for Payment and guarantees, Bonds, certificates or other evidence of recommendation of ENGINEER,and without terminating insurance required by paragraph 5.4, certificates of the Agreement,make payment of the balance due for that inspection, marked-up record documents (as provided in portion of the Work fully completed and accepted. If the paragraph 6.19) and other documents, CONTRACTOR remaining balance to be held by OWNER for Work not may make application for final payment following the fully completed or corrected is less than the retainage procedure for progress payments. The final Application for stipulated in the Agreement, and if Bonds have been Payment shall be accompanied (except as previously furnished as required in paragraph 5.1,the written consent delivered) by: (i)all documentation called for in the of the surety to the payment of the balance due for that Contract Documents, including but not limited to the portion of the Work fully completed and accepted shall be evidence of insurance required by subparagraph5.4.13, submitted by CONTRACTOR to ENGINEER with the (ii)consent of the surety, if any, to final payment, and Application for such payment. Such payment shall be (iii)complete and legally effective releases or waivers made under the terms and conditions governing final (satisfactory to OWNER)of all Liens arising out of or filed payment, except that it shall not constitute a waiver of in connection with the Work. In lieu of such releases or claims. waivers of Liens and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full Waiver of Claims: and affidavit of CONTRACTOR that: (1)the releases and receipts include all labor,services,material and equipment 14.15. The making and acceptance of final payment will for which a Lien could be filed, and (ii)all payrolls, constitute: material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's 14.15.1.a waiver of all claims by OWNER against property might in any way be responsible have been paid or CONTRACTOR, except claims arising from otherwise satisfied If any Subcontractor or Supplier fails unsettled Liens,from defective Work appearing after EJCDC GENERAL CONDITIONS 1910.8(1990 Edition) 31 w/CITY OF FORT COLLINS MODIFICATIONS(REV 42000) final inspection pursuant to paragraph 14.11, from CONTRACTOR but which are stored elsewhere, and failure to comply with the Contract Documents or the finish the Work as OWNER may deem expedient. In such terms of any special guarantees specified therein, or case CONTRACTOR shall not be entitled to receive any from CONTRACTOR's continuing obligations under further payment until the Work is finished If the unpaid the Contract Documents;and balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of 14.15.2.A waiver of all claims by CONTRACTOR or resulting from completing the Work such excess will be against OWNER other than those previously made in paid to CONTRACTOR. If such claims,costs,losses and writing and still unsettled. damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims,costs, losses and damages incurred by OWNER will be reviewed ARTICLE 15--SUSPENSION OF WORK AND by ENGINEER as to their reasonableness and when so TERNIINATION approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. OWNER May Suspend Work: 15.3. Where CONTRACTOR's services have been so 15.1. At any time and without cause, OWNER may terminated by OWNER, the termination will not affect suspend the Work or any portion thereof for a period of not any rights or remedies of OWNER against more than ninety days by notice in writing to CONTRACTOR then existing or which may thereafter CONTRACTOR and ENGINEER which will fix the date accrue. Any retention or payment of moneys due on which Work will be resumed. CONTRACTOR shall CONTRACTOR by OWNER will not release resume the Work on the date so fixed CONTRACTOR CONTRACTOR from liability. shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly 15.4. Upon seven days' written notice to attributable to any such suspension if CONTRACTOR CONTRACTOR and ENGINEER, OWNER may, makes an approved claim therefor as provided in without cause and without prejudice to any other right or Articles 11 and 12. remedy of OWNER,elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without OWNER May Terminate: duplication of any items): 15.2. Upon the occurrence of any one or more of the 15.4.1. for completed and acceptable Work executed following events: in accordance with the Contract Documents prior to the effective date of termination, including fair and 15.2.1. if CONTRACTOR persistently fails to perform reasonable sums for overhead and profit on such the Work in accordance with the Contract Documents Work; (including,but not limited to,failure to supply sufficient skilled workers or suitable materials or equipment or 15.4.2. for expenses sustained prior to the effective failure to adhere to the progress schedule established date of termination in performing services and under paragraph 2.9 as adjusted from time to time furnishing labor, materials or equipment as required pursuant to paragraph 6.6); by the Contract Documents in connection with uncompleted Work,plus fair and reasonable sums for 15.2.2. if CONTRACTOR disregards Laws or overhead and profit on such expenses; Regulations of any public body having jurisdiction; 15.4.3. for all claims, costs, losses and damages 15.2.3. if CONTRACTOR disregards the authority of incurred in settlement of terminated contracts with ENGINEER;or Subcontractors,Suppliers and others;and 15.2.4. if CONTRACTOR otherwise violates in any 15.4.4. for reasonable expenses directly attributable substantial way any provisions of the Contract to termination. Documents; CONTRACTOR shall not be paid on account of loss of OWNER may, after giving CONTRACTOR (and the anticipated profits or revenue or other economic loss surety,if any)seven days'written notice and to the extent arising out of or resulting from such termination. permitted by Laws and Regulations,terminate the services of CONTRACTOR,exclude CONTRACTOR from the site CONTRACTOR May Stop Work or Terminate: and take possession of the Work and of all CONTRACTOR's tools, appliances, construction 15.5. If,through no act or fault of CONTRACTOR,the equipment and machinery at the site and use the same to Work is suspended for a period of more than ninety days the full extent they could be used by CONTRACTOR by OWNER or under an order of court or other public (without liability to CONTRACTOR for trespass or authority, or ENGINEER fails to act on any Application conversion), incorporate in the Work all materials and for Payment within thirty days after it is submitted or equipment stored at the site or for which OWNER has paid OWNER fails for thirty days to pay CONTRACTOR any EJCDC GENERAL CONDITIONS 1910-8(1990 Edition) 32 w1 CITY OF FORT COLLINS MODIFICATIONS(REV 412000) sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and 17.2.2.A calendar day of twenty-four hours measured ENGINEER,and provided OWNER or ENGINEER do not from midnight to the next midnight will constitute a remedy such suspension or failure within that time, day. terminate the Agreement and recover from OWNER payment on the same terms as provided in paragraph 15.4. Notice of Claim: In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to 17.3. Should OWNER or CONTRACTOR suffer injury act on an Application for Payment within thirty days after it or damage to person or property because of any error, is submitted, or OWNER has failed for thirty days to pay omission or act of the other party or of any of the other CONTRACTOR any sum finally determined to be due, party's employees or agents or others for whose acts the CONTRACTOR may upon seven days' written notice to other party is legally liable,claim will be made in writing OWNER and ENGINEER stop the Work until payment of to the other party within a reasonable time of the first all such amounts due CONTRACTOR, including interest observance of such injury or damage. The provisions of thereon. The provisions of this paragraph 15.5 are not this paragraph 17.3 shall not be construed as a substitute intended to preclude CONTRACTOR from making claim for or a waiver of the provisions of any applicable statute under Articles 11 and 12 for an increase in Contract Price of limitations or repose.Cumulative Remedies.- or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping Work as 17.4. The duties and obligations imposed by these permitted by this paragraph. General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and ARTICLE 16--DISPUTE RESOLUTION obligations imposed upon CONTRACTOR by paragraphs 6.12,6.16,6.30,6.31,6.32,13.1,13.12,13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition If and to the extent that OWNER and CONTRACTOR to,and are not to be construed in any way as a limitation have agreed on the method and procedure for resolving of,any rights and remedies available to any or all of them disputes between them that may arise under this which are otherwise imposed or available by Laws or Agreement,such dispute resolution method and procedure, Regulations by special warranty or guarantee or by other if any, shall be as set forth in Exhibit GC-A, "Dispute provisions of the Contract Documents,and the provisions Resolution Agreement",to be attached hereto and made a of this paragraph will be as effective as if repeated part hereof. If no such agreement on the method and specifically in the Contract Documents in connection with procedure for resolving such disputes has been reached, each particular duty,obligation,right and remedy to which and subject to the provisions of paragraphs 9.10, 9.11 and they apply. 9.12, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Professional Fees and Court Costs Included: Contract Documents or by Laws or Regulations in respect of any dispute. 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, ARTICLE 17--1VIISCELLANEOUS attorneys and other professionals and all court or arbitration or other dispute resolution costs. 17.6. The laws of the State of Colorado apply to this Giving Notice: Agreement. Reference to two pertinent Colorado statutes are as follows; 17.1. Whenever any provision of the Contract Documents requires the giving of written notice,it will be 17.6.1. Colorado Revised Statutes (CRS 8-17-101) deemed to have been validly given if delivered in person to require that Colorado labor be employed to perform the individual or to a member of the firm,or to an officer of the Work to the extent of not less than 80 percent the corporation for whom it is intended,or if delivered at or (80%) of each bTe or class of labor in the several sent by registered or certified mail,postage prepaid,to the classifications of skilled and common labor employed last business address known to the giver of the notice. on the project Colorado labor means any person who is a bona fide resident of the State of Colorado at the 17.2. Computation of Time: time of employment without discrimination as to race, color,creed,age,religion or sex. 17.2.1.When any period of time is referred to in the Contract Documents by days, it will be computed to 17.6.2. If a claim is filed OWNER is required by exclude the first and include the last day of such law CRS 38-26-107)to withhold from all payments to period. If the last day of any such period falls on a CONTRACTOR sufficient funds to insure the Saturday or Sunday or on a day made a legal holiday payment of all claims for labor, materials,team hue, by the law of the applicable jurisdiction,such day will sustenance, provisions, provender, or other supplies be omitted from the computation. used or consumed by CONTRACTOR or his EJCDC GENERAL CONDITIONS 1910.8(1990 Edition) 33 wl CITY OF FORT COLLINS MODIFICATIONS(REV 42000) subcontractors m or about the performance of the Work. Such funds must be witbheld until said claims have been paid or such claims as filed have been withdrawn, such payment or withdrawal to be evidenced by filing with OWNER a receipt m full or an order for withdrawal in writing and signed by the person filing such a claim or his duly authorized agents or assigns. Such funds shall not be withheld longer than ninety(90) days following the date fixed for final settlement, as published in a public newspaper in accordance with the law,unless an action is commenced within that time to enforce such unpaid claim and a notice of lis pendens is filed with the OWNER. At the expiration of such ninety (90) day period, OWNER shall pay to CONTRACTOR such moneys and funds as are not the subject of suit and lis pendens notices,and shall retain only sufficient funds to insure the payment of judgements which may result from the suit. EJCDC GENERAL CONDITIONS 1910-8(1990 Edition) 34 w1 CITY OF FORT COLLINS MODIFICATIONS(REV 412000) (This page left blank intentionally) EJCDC GENERAL CONDITIONS 1910.8(1990 Edition) 35 w/CITY OF FORT COLLINS MODIFICATIONS(REV 42000) EJCDC GENERAL CONDITIONS 1910-8(1990 Edition) 36 w1 CITY OF FORT COLLINS MODIFICATIONS(REV 412000) EXHIBIT GC-A to General Conditions 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract of the Construction Contract Between Documents shall include by consolidation,joinder or in any OWNER and CONTRACTOR other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors,agents,employees or consultants of any of them) who is not a party to this contract unless: DISPUTE RESOLUTION AGREEMENT 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration,and OWNER and CONTRACTOR hereby agree that 16.4.2. such other person or entity is substantially Article 16 of the General Conditions of the Construction involved in a question of law or fact which is common Contract between OWNER and CONTRACTOR is to those who are already parties to the arbitration and amended to include the following agreement of the parties: which will arise in such proceedings,and 16.1. All claims, disputes and other matters in 16.4.3. the written consent of the other person or question between OWNER and CONTRACTOR arising entity sought to be included and of OWNER and out of or relating to the Contract Documents or the breach CONTRACTOR has been obtained for such inclusion, thereof(except for claims which have been waived by the which consent shall make specific reference to this making or acceptance of final payment as provided by paragraph 14.15) will be decided by arbitration in paragraph;but no such consent shall constitute consent accordance with the Construction Industry Arbitration to arbitration of any dispute not specifically described Rules of the American Arbitration Association then in such consentecifically identified ted in such consent. arbitration with any party not obtaining,subject to the limitations of the Article 16. This specifically agreement so to arbitrate and any other agreement or 16.5. Notwithstanding paragraph 16.4, if a claim, consent to arbitrate entered into in accordance herewith as dispute or other matter in question between OWNER and provided in this Article 16 will be specifically enforceable CONTRACTOR involves the Work of a Subcontractor, under the prevailing law of any court having jurisdiction either OWNER or CONTRACTOR may join such 16.2. No demand for arbitration of any claim,dispute Subcontractor as a party to the arbitration between OWNER or other matter that is required to be referred to and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph consents a ENGINEER initially for decision in accordance with specific provision whereby the Subcontractor consents paragraph 9.11 will be made until the earlier of(a)the date to being Joined in an arbitration between OWNER and on which ENGINEER has rendered a written decision or (b)the thirty-first day after the parties have presented their CONTRACTOR involving the Work of such evidence to ENGINEER if a written decision has not been Subcontractor. Nothing in this paragraph o j nor in the rendered by ENGINEER before that date. No demand for creatProvision of such subcontract consenting o joinder shall arbitration of any such claim, dispute or other matter will Subcontractor any claim, right st cause of action N favor of be made later than thirty days after the date on which Subcontractor and against OWNER ENGINEER or ENGINEER'S ENGINEER has rendered a written decision in respect Consultants that does not otherwise exist. thereof in accordance with paragraph 9.11;and the failure 16.6. The award rendered by the arbitrators will be to demand arbitration within said thirty days'period will final,judgment may be entered upon it in any court having result in ENGINEER's decision being final and binding jurisdiction thereof; and it will not be subject to upon OWNER and CONTRACTOR If ENGINEER modification or appeal. renders a decision after arbitration proceedings have been initiated,such decision may be entered as evidence but will 16.7. OWNER and CONTRACTOR agree that they not supersede the arbitration proceedings,except where the shall first submit any and all unsettled claims, decision is acceptable to the parties concerned. No demand counterclaims, disputes and other matters in question for arbitration of any written decision of ENGINEER between them arising out of or relating to the Contract rendered in accordance with paragraph 9.10 will be made Documents or the breach thereof("disputes"),to mediation later than ten days after the party making such demand has by the American Arbitration Association under the delivered written notice of intention to appeal as provided Construction Industry Mediation Rules of the American in paragraph 9.10. Arbitration Association prior to either of them initiating 16.3. Notice of the demand for arbitration will be against the other a demand for arbitration pursuant to filed in writing with the other party to the Agreement and paragraphs 16.1 through 16.6, unless delay in initiating w arbitration would irrevocably prejudice one of the parties. with the American Arbitration Association,and a copy will be sent to ENGINEER for information The demand for The respective thirty and ten day time limits within which to arbitration will be made within the thirty-day or ten-day file a demand for arbitration as provided in paragraphs period specified in paragraph 16.2 as applicable,and in all be suspended with respect to other cases within a reasonable time after the claim,dispute dispute and 16.3 above shall ute submitted to mediation within those same or other matter in question has arisen,and in no event shall applicable time limits and shall remain suspended until ten any such demand be made after the date when institution of days after the termination of the mediation. The mediator legal or equitable proceedings based on such claim,dispute of any dispute submitted to mediation under this Agreement or other matter in question would be barred by the shall not serve as arbitrator of such dispute unless otherwise agreed. applicable statute of limitations. EJCDC GENERAL CONDITIONS 1910-8(1990 Edition) GC-Al w/CITY OF FORT COLLINS MODIFICATIONS(REV 9/99) EJCDC GENERAL CONDITIONS 1910-8(1990 Edition) GC-Al w/CITY OF FORT COLLINS MODIFICATIONS(REV 9/94) SECTION 00800 SUPPLEMENTARY CONDITIONS Conditions of the Contract These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC General Conditions 1910-8, 1990 edition, with City of Fort Collins Modifications, Rev. 9/94) and other provisions of the Contract Documents as indicated below. SC-1 DEFINITIONS SC-1.38. Add the following language to the conclusion of paragraph 1.38 of the General Conditions: 1.38. Substantial Completion. .... Substantial Completion is further defined as that degree of completion of the operating facilities or systems of the Project defined in the Work Order sufficient to provide the OWNER the full time, uninterrupted, continuous, beneficial operation of the modifications, and all inspections required have been completed and identified conditions corrected. SC-1.43.A. Add the following new paragraph immediately after paragraph 1.43 of the General Conditions: 1.43.A. Work Order--A written document executed by OWNER and CONTRACTOR that provides for the construction of a portion of the Work, pursuant to the Agreement and all as required by the Contract Documents, and that becomes a Contract Document when executed. SC-2 PRELIMINARY MATTERS SC-2.8. Delete paragraph 2.8 of the General Conditions entirely and replace it with the following paragraph: 2.8. 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. SC-2.10. Add the following new paragraph immediately after paragraph 2.9 of the General Conditions: 2.10. Work Order Required for All Work. References to the Agreement in this Article 2 and in the General and Supplementary Conditions and Contract Documents notwithstanding, no Work shall be initiated or performed until CONTRACTOR has received a signed and executed Work Order, incorporating the Notice to Proceed, from OWNER; and no provision of this Article 2 or of the General and Supplementary Conditions and Contract Documents shall permit or require any action of CONTRACTOR in the absence of a signed and executed Work Order. All provisions of this Article 2 and of the General and Supplementary Conditions and Contract Documents referencing the Agreement or other parts of the Contract Documents, or permitting or requiring any action of CONTRACTOR, shall be read as referencing and, as appropriate, requiring a signed and executed Work Order. SC-4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS SC-4.2.1.2. Add the following new paragraph immediately following paragraph 4.2.1.2 of the General Conditions: 4.2.1.2.1. No drawing of physical conditions in or relating to existing surface or subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site have been utilized by the Engineer in preparation of the Contract Documents, except the following: SC-5 BONDS AND INSURANCE SC-5.4.7. 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, Colorado, 4316 LaPorte Avenue, Fort Collins, Colorado 80522 5.4.7.2. SC-5.4.8.1. Add the following new paragraph immediately following paragraph 5.4.8 of the General Conditions: 9.4.8.1. Limits of Liability. The limits of liability for the insurance required by the paragraph numbers of the General Conditions listed below are as follows: For Paragraphs 5.02.A.1 and 5.02.A.2: Coverage A - Statutory Limits; Coverage B - $100,000 / $100,000 / $500,000. For Paragraphs 5.02.A.3 and 5.02.A.5: The Commercial General Liability policy will have limits of $1,000,000 combined single limits (CSL). This policy will include coverage for Explosion, Collapse, and Underground coverage unless waived by the Owner. For Paragraph 5.02.A.6: The Comprehensive Automobile Liability Insurance policy will have limits of$1,000,000 combined single limits (CSL). For Paragraph 5.02.13.3: This policy will include completed operations coverage / product liability coverage with limits of$1,000,000 combined single limits (CSL). This policy shall also include an Umbrella Excess Liability as follows: General liability and automobile liability insurance in an amount not less than $1,000,000 per occurrence in excess of the above stated primary limits. SC-6 CONTRACTOR'S RESPONSIBILITIES SC-6.14.3. Add the following new paragraph immediately after paragraph 6.14.2 of the General Conditions: 6.14.3. The following Laws or Regulations are included in the Contract Documents as mandated by statute or for the convenience of the CONTRACTOR. Other Laws and Regulations apply which are not included herein, and are within the CONTRACTOR's duty and responsibility for compliance thereto: 6.14.3.1. Notice to owners of Underground Facilities is required prior to excavations in the vicinity of such facilities. 6.14.3.2. Unless otherwise decided by reason of the amount of the Contract Price involved, or other good reason, before or at the time that the contract is awarded to a corporation outside the State of Colorado, such corporation must carry out the proper procedure to become authorized to do business in the State of Colorado, designate a place of business therein, and appoint an agent for service of process. Such corporation must furnish the OWNER with a certificate from the Secretary of State of Colorado has been issued by its office and there shall also be procured from the Colorado Secretary of State of photostatic or certified copy of the designated of place of business and appointment of agent for service of process, or a letter from the Colorado Secretary of State that such designation of place of business and agent for service of process have been made. 6.14.3.3. The CONTRACTOR must conform to the rules and regulations of the Industrial Commission of Colorado. Particular reference is made to rules and regulations governing excavation Work adopted by the Industrial Commission of Colorado. SC-11 CHANGE OF CONTRACT PRICE SC-11.6.2.7. Add the following new paragraph to paragraph 11.6.2 of the General Conditions: 11.6.2.7. Cost of the Work. Allowances for profit, overhead and mark-up prescribed by Article 4 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 CHANGE OF CONTRACT TIMES SC-12.3. Add the following language to the end of paragraph 12.3 of the General Conditions: 12.3. .... Lost days due to abnormal weather conditions will be allocated as required. SC-14 PAYMENTS TO CONTRACTOR AND COMPLETION SC-14.1. Add the following language to the end of paragraph 14.1 of the General Conditions: 14.1. Schedule of Values. .... Progress payments on the fixed fee shall be in proportion to the cumulative actual Cost of the Work as a percentage of the Allowable Cost of the Work. An amount not to exceed fifteen (15%) percent of the fixed fee shall be advanced to the Contractor for mobilization in the first progress payment. SECTION 00900 ADDENDA, MODIFICATIONS AND PAYMENT 00950 Change Order 00960 Application for Payment SECTION 00950 CHANGE ORDER FORM CHANGE ORDER NO. CONTRACTOR: WORK ORDER TITLE & NO. : ORIGINAL BID/RFP # & TITLE: DESCRIPTION: 1. Reason for change: 2. Description of Change: 3. Change in Contract Cost: 4. Change in Contract Time: ORIGINAL CONTRACT COSTS $ TOTAL APPROVED CHANGE ORDER(S) $ TOTAL PENDING CHANGE ORDER(S) $ TOTAL THIS CHANGE ORDER $ TOTAL % OF ORIGINAL CONTRACT, THIS CO: % TOTAL % OF ORIGINAL CONTRACT, ALL CO'S: % ADJUSTED CONTRACT COST $ (Assuming all change orders approved) ACCEPTED BY: DATE: Contractor's Representative ACCEPTED BY: DATE: Project Manager REVIEWED BY: DATE: Title: APPROVED BY: DATE: Title: APPROVED BY: DATE: (Purchasing Agent if > $60,000) cc: City Clerk Architect/Engineer Finance Purchasing Project Manager Contractor SECTION 00960 PAYMENT APPLICATION Section 00960 APPLICATION FOR PAYMENT PAGE 1 OF 4 OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER: APPLICATION DATE: PERIOD BEGINNING: ENGINEER: CONTRACTOR: PERIOD ENDING: PROJECT NUMBER: CHANGE ORDERS Application is made for Payment as shown below in connection with Contract The present status of the account for this Contract is as NUMBER DATE AMOUNT follows: 1 2 Original Contract Amount: 3 Net Change by Change Order: Current contract Amount: $0.00 Total Completed and Stored to Date: Less Previous Applications: Amount Due this Application-Before Retainage: $0.00 Less Retainage: Net Change by Change Order $0.00 AMOUNT DUE THIS APPLICATION: $0.00 CERTIFICATION: The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract. The above Amount Due This Application is requested by the CONTRACTOR. Date: By: Payment of the above Amount Due This Application is recommended by the ENGINEER. Date: By: Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager. Date: By: Payment of the above Amount Due This Application is approved by the OWNER. Date: By: APPLICATION FOR CONTRACT AMOUNTS PAYMENT PAGE 2 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 P CHANGE ORDERS APPLICATION FOR PAYMENT PAGE 3 OF 4 Work Work Work Completed Completed Completed Stored This Previous To Bid Month Periods Date Materials Total Item This Earned Percent Unit To Number Description Quantity Units Price Amount Qty. Amount Qty. Amount Qty. Amount Period Date Billed $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS CHANGE ORDERS $0.00 $0.00 $0.00 $0.00 $0.00 PROJECT TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 STORED MATERIALS SUMMARY PAGE 4 OF 4 On Hand Received Installed On Hand Item Invoice Previous This This This Number Number Description Application Period Period Application $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTALS $0.00 $0.00 $0.00 $0.00 P EXHIBIT A Water Reclamation Division City Of 3036 Environmental Dr. F6rt Col Fort Collins,CO 80525 970.221.6900 970.221.6970-fax fcgov.com Dear Contractor or Vendor, The City of Fort Collins has adopted an environmental policy that focuses on its environmental responsibility and reflects the community's strong desire to protect the environment. This policy specifies the need to comply with legal requirements and includes a commitment to continually improve environmental performance. With the implementation of this policy, a number of policies and procedures have been adopted at the Drake Water Reclamation Facility (DWRF). The purpose of this EMS Guide for Contractors and Vendors is to familiarize you with these policies and procedures and to address how you will be affected. An Environmental Management System (EMS) is being implemented at DWRF to achieve the City's goal of high environmental performance. In addition to addressing in-house activities, the EMS requires that any party doing work within the DWRF fence line adhere to the relevant portions of the EMS. To fulfill this requirement, a list of procedures has been developed for all DWRF contractors or vendors to follow while working on site. This guide provides an introduction to the EMS, communicates the environmental policy, and describes how you can help DWRF achieve its environmental goals. If you have any concerns or questions regarding the information contained in this guide, please feel free to contact DWRF any time at (970) 221-6900. DocuSign Envelope ID:86045885-5DAB-466B-B66B-BA3EAD9A05E4 Section 3 - Environmental Stewardship 3.1 Environmental Commitment The City of Fort Collins is committed to conducting its operations in a manner that is environmentally responsible and reflective of the community's strong commitment to the environment, optimizing decisions that are inclusive of the economy and social equity. The City will provide community leadership by reducing its environmental impact while benefiting citizens,the economy, and society. In order to meet or exceed these objectives, the City of Fort Collins will: • Meet or exceed all legal compliance obligations and voluntary commitments • Develop and implement programs for pollution prevention, energy conservation and natural resource protection. • Foster a culture through strong management commitment, education and investment where all employees are empowered and expected to proactively perform work in an environmentally responsible manner • Commit to continuous improvement through establishing measureable objectives for evaluating environmental performance This environmental policy will be communicated to employees and contractors and will be available to the public via the City's website. CDocuSigned by: ann' Qffi,�n 7/3/2017 OF393F2B13454CC... City Manager Date Water Reclamation Division City of 3036 Environmental Dr. Fort Collins Fort Collins,CO 80525 970.221.6900 970.221.6970-fax fcgov.com Drake Water Reclamation Facility Emergency Response Policy for Visitors IN THE EVENT YOU HEAR THE AUDIBLE WARNING ALARM: I. You must start evacuating immediately. If you are making a chemical delivery, safely halt all transfers and unloading without delay. 2. Evacuate through the south gate, go west up the hill towards Timberline. Turn left on Illinois Drive (near King Soopers), and head south to Timberline Church. The meeting point is the northern side of the church parking lot. If you cannot readily evacuate with your own vehicle, start walking to the south gate and any remaining exiting staff will provide you a ride off-site. 3. You should check in with either your accompanying staff member or the Incident Commander(who will be wearing an Incident Commander vest and have a hand-held radio). 4. You will remain at this gathering point until otherwise informed in person by the Incident Commander. Water Reclamation Division City of 3036 Environmental Dr. F t �� Fort Collins, 80525 970.221.6900 ns 970.221.6970-fax fcgov.com Environmental Management Procedures The following information is supplied to contractors and vendors who perform work on site for the Drake Water Reclamation Facility (DWRF). The information presented below has been developed as part of the facility's Environmental Management System(EMS). The intent of this information is to make contractors and vendors aware of the EMS and to ensure conformance to applicable EMS procedures and work instructions. tal ■ Minimize idling of vehicles during any work operations. ■ Control fugitive dust emissions during any work operations and activities. ■ Do not excavate without the prior approval of appropriate DWRF staff. ■ Label, store, and dispose of any waste materials according to local, state, and federal regulations. NO UNLABELED CONTAINERS ARE PERMITTED ON SITE. ■ Notify appropriate DWRF staff if there are any hazardous wastes on site. Recycle or dispose of all wastes in an appropriate manner according to all local, state, and federal regulations. ■ Notify appropriate DWRF staff when a regulated material is being used on site (asbestos, PCBs, etc.). ■ Provide Material Safety Data Sheets (MSDS) for all materials upon request. ■ Do not discharge ANY material to storm water drains or sanitary sewer without approval of appropriate DWRF staff. Notify appropriate DWRF staff if a state-permitted discharge will occur. ■ Keep roadways and outside areas clean and free of debris. ii�■�tO ■ Obtain approval for outside storage of materials from appropriate DWRF staff. ■ Equip storage areas with adequate secondary containment of all regulated materials. ■ Label and store all materials according to Hazard Communication standard [29CFR1910.1200]. ■ Close all chemical containers except when in use. ■ Have appropriate spill kits available. ■ REPORT ALL SPILLS OR RELEASES OF MATERIALS IMMEDIATELY to DWRF staff(970) 221-6900 and the Special Projects Manager. Contractors will follow up by submitting a completed Spill Reporting Form. Water Reclamation Division Ci#• 3036 Environmental Dr. 4 of � Fort Collins,CO 80525 F6rt Collin 970.221.69 970.221.697070-fax fcgov.com EMS Guide for Contractors and Vendors Checklist This form must be completed, signed, and returned to the City of Fort Collins Drake Water Reclamation Facility(DWRF). NOTE: Please review the enclosed materials prior to completing this form. Contractor/Company Name: Date: Contact Phone Number: E-mail address: ✓ Read and understand the signed Environmental Policy for the City of Fort Collins ✓ Read and understand the Emergency Response Policy for Visitors ✓ Read and understand the Environmental Management Procedures Environmental Agreement My company will abide by all environmental regulations and policies when performing work at the DWRF. My company will ensure that the requirements of the EMS are adequately communicated to all personnel that may visit DWRF. For questions or additional information contact the City of Fort Collins Drake Water Reclamation Facility at(970)221-6900. Signature: Date: City of Fort Collins Drake Water Reclamation Facility IS014001 Environmental Management System Contractor Orientation ,oiP. C,G,,H'yeC of t DRAKE WATER RECLAMATION FACILITY SITE PLAN i _..f �VICj Mulberry Reclamation Facility s 4✓ p° u �� fr Significant Dangers Danger of sanitary sewer overflows if lift pumps stop at Drake and Mulberry Evacuation Procedures At Drake In the event of an evacuation alarm . Stop what you are doing and evacuate . Proceed to evacuation point on the north side of the Timberline Church . Check in with Incident Commander . Remain until released by IC Evacuation DWRF Evac ation oute n r � I East Drake F2d -. ; iSoo rs Ux Ali _ 114p "ill QWRF Fence Line Evacuation RouT,r,b-e,iire Church te r, y f No Exceptions �`.SC�L_ T--.� � ,.,•=wAAN��G _TL'!�'. IlO NOT CNTEN' W III N!31nkN - 3 - ��` •V � idl�it �U FMfHE CY14M00 ._ '✓IA[xt ES arxlvn a I ' rURN LDUD ENGINES. r a better workplace" , a i � r a General Environmental Management Minimize Idling General Environmental Management No Smoking anywhere on premises General Manag. ement Control dust during construction operations 1 yv ;. _ ,; General Manag. ement Fueling tanks larger than 55 gallons stored off-site -- 3_1 ;,Imp - r General Environmental Manag. ernent No excavation without prior approval t. sF r. t ,� ? .• i� }•d- ,��.•. �'Ciy� 'F7 � F �.irY�Y�II r 4' Recycling & Disposal Waste No unlabeled containers onsite ! Provide SIDS upon request Only Plant-approved chemicals allowed on-site Recycling & Disposal Waste Notify plant personnel when hazardous or regulated materials are being used Dispose of materials in appropriate manner. Deconstruction and recycling encouraged Cardboard must be recycled ! For questions on disposal contact City' s PM . Water Discharges Do not discharge any material to sanitary or storm sewer without plant staff approval Keep roads clean and free of debris "WOW Material Storage/Spills Obtain approval for outside storage of materials Secondary containment for regulated materials Material Storage/Spills Close all containers when not in use Have appropriate spill kits available > Report ALL spills to plant staff immediately Contractor is responsible for disposal of all clean-up related material in accordance with State local requirements EXHIBIT B 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 proposal. We reserve the right to request additional documentation, at any point, that supports the accuracy of this form. Section 1. General Information Company Name Number of Employees Full Time: Part Time: Seasonal: Insurance Carrier Self-insured for Workers Compensation? Y ❑ N ❑ Section 2. Health and Safety Professional Information Does your company have a full-time dedicated Safety Officer? Y ❑ N ❑ If yes, provide the following information for the dedicated Safety Officer: Name: Title: Phone Number: Email: If no, provide the following information of the person responsible for safety in your company: Name: Title: Phone Number: Email: Provide the following information for the site safety Point of Contact: Name: Title: Phone Number: Email: Section 3. Health and Safety Program 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 Responsibility Y ❑ N ❑ 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.Training and Certifications List required safety training ALL employees receive: List specialized safety training employees receive as needed: Does your company maintain records of all safety training and certifications? Y ❑ N ❑ Section 5.Safety Equipment(Engineered Controls) Will your company be performing any Trenching/Excavation and Confined Space Activities? Y ❑ N ❑ If yes, list what protective shoring equipment you will have available for the job site? If entering Permit Required Confined Spaces (PRCS), such as vaults or sewers, what is your procedure for these activities? Section 6. Health and Safety Records List the Company's Experience Modification Rate (EMR)for the previous 3 years 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 previous 3 years: 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 (TRIR) 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 payroll 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.