HomeMy WebLinkAbout399198 FRONT RANGE ROOFING SYSTEMS - CONTRACT - CONTRACT - AGREEMENTS MISCSPECIFICATIONS
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CONTRACT DOCUMENTS
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EPIC Roof Replacement
PURCHASING DIVISION
5.1.2. Upon Substantial Completion payment will be made in an amount
sufficient to increase total payments to CONTRACTOR to 95% of the Contract
Price, less such amounts as ENGINEER shall determine or OWNER may withhold in
accordance with paragraph 14.7 of the General Conditions or as provided by
law.
5.2. FINAL PAYMENT. Upon Final Completion and Acceptance of the Work in
accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the
remainder of the Contract Price as recommended by ENGINEER as provided in said
paragraph 14.13.
ARTICLE 6. CONTRACTOR'S REPRESENTATION
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes
the following representations:
6.1. CONTRACTOR has familiarized himself with the nature and extent of
the Contract Documents, Work, site, locality, and with all local conditions
and Laws and Regulations that in any manner may affect cost, progress,
performance or furnishing of the Work.
6.2. CONTRACTOR has studied carefully all reports of explorations and
tests of subsurface conditions and drawings of physical conditions which are
identified in the Supplementary Conditions as provided in paragraph 4.2 of the
General Conditions.
6.3. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests, reports, and studies (in addition to or
to supplement those referred to in paragraph 6.2 above) which pertain to the
subsurface or physical condition at or contiguous to the site or otherwise may
affect the cost, progress, performance or furnishing of the Work as CONTRACTOR
considers necessary for the performance or furnishing of the Work at the
Contract Price, within the Contract Times and in accordance with the other
terms and conditions of the Contract Documents, including specifically the
provisions of paragraph 4.2 of the General Conditions; and no additional
examinations, investigations, explorations, tests, reports, studies or similar
information or data are or will be required by CONTRACTOR for such purposes.
6.4. CONTRACTOR has reviewed and checked all information and data shown
or indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes responsibility for the
accurate location of said Underground Facilities. No additional examinations,
investigations, explorations, tests, reports, studies or similar information
or data in respect of said Underground Facilities are or will be required by
CONTRACTOR in order to perform and furnish the Work at the Contract Price,
within the Contract Times and in accordance with the other terms and
conditions of the Contract Documents, including specifically the provision of
paragraph 4.3. of the General Conditions.
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SECTION 01027
CHANGE ORDER PROCEDURES
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Contractor shall prepare and promptly implement Change Order procedures:
1. Provide full written data required to evaluate proposed changes in the Contract Sum
or extensions of the Contract Time.
2. Maintain detailed records of work done on a time-and-material/force-account basis.
3. Maintain detailed records of weather -related delays to substantiate claims for
additional time.
B. Designate in writing the member of Contractor's organization who is authorized to accept
changes in the work.
C. Related requirements specified elsewhere:
1. Owner -Contractor Agreement and Conditions of the Contract:
a. Methods of determining cost or credit to Owner resulting from changes in the work
made on a time -and -material basis.
b. Contractor's claims for additional costs.
C. Allowable limits for Contractor's overhead and profit.
d. Established unit prices.
2. Section 01026, Applications for Payment.
3. Section 01046, Access to Site: Designation of Owner's Principal Representative,
authorized to execute change orders.
4. Section 01310, Construction Schedules.
5. Section 01370, Schedule of Values.
6. Section 01600, Material and Equipment: Substitutions.
7. Section 01720, Project Record Documents.
1.02 DEFINITIONS
A. Change Order: See General Conditions.
B. Architect's Supplemental Instructions, AIA Document G710: A written order, instructions or
interpretations signed by Architect making minor changes in the work not involving a change
in Contract Sum or Contract Time.
C. Proposal Request, AIA Document G709: A written request by the Owner or Architect
describing proposed changes in the work and requesting change order pricing from the
Contractor, but not authorizing the work to be completed until approved in writing by the
Owner.
D. Construction Change Authorization, standard City of Fort Collins form: A written order to
the Contractor signed by Owner and Architect which amends the Contract Documents as
described and authorizes Contractor to proceed with a change which affects the Contract
Sum or the Contract Time, for inclusion in a subsequent Change Order.
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1.03 PRELIMINARY PROCEDURES
A. Owner or Architect may initiate changes by submitting a Proposal Request to Contractor.
Request will include:
1. Detailed description of the change, products and location of the change in the
project.
2. Supplementary or revised Drawings and Specifications.
3. The projected time span for making the change and a specific statement as to
whether overtime work is or is not authorized.
4. A specific period of time during which the requested price will be considered valid.
5. Such request is for information only and is not an instruction to execute the changes
or to stop work in progress.
B. Contractor may initiate changes by submitting a written notice to Architect containing:
1. Description of the proposed changes.
2. Statement of the reason for making the changes.
3. Statement of the affect on the Contract Sum and the Contract Time.
4. Statement of the affect on the work of separate contractors.
5. Documentation supporting any change in Contract Sum or Contract Time as
appropriate.
C. Changes in the work affecting construction cost and/or contract time shall not be started
without a fully executed Change Order or other written authorization from the Owner and
Architect, in accordance with the General and Supplementary Conditions.
1.04 CONSTRUCTION CHANGE AUTHORIZATION
A. In lieu of a Proposal Request, Architect may issue a Construction Change Authorization for
Contractor to proceed with a change for subsequent inclusion in a Change Order.
B. Authorization will describe changes in the work, both additions and deletions, with
attachments of revised Contract Documents to define details of the change and will
designate the method of determining any change in the Contract Sum and any change in
Contract Time.
C. Owner and Architect will sign and date the Construction Change Authorization as
authorization for the Contractor to proceed with the changes.
D. Contractor will sign and date the Construction Change Authorization to indicate agreement
with the terms therein.
1.05 DOCUMENTATION OF PROPOSALS AND CLAIMS
A. Support each quotation for a lump sum proposal and for each unit price which has not
previously been established with sufficient substantiating data to allow Architect and Owner
to evaluate the quotation.
1. Labor and equipment required.
2. Materials required:
a. Recommended source of purchase and unit cost.
b. Quantities required.
3. Taxes, insurance and bonds.
4. Credit for work deleted from Contract similarly documented.
5. Overhead and profit. Refer to Supplemental Conditions of the Contract for
established limits, if applicable.
6. Justification for any change in Contract Time.
B. Support each claim for additional costs and for work done on a time-and-material/force-
account basis, with documentation as required for a lump sum proposal plus additional
information:
1. Name of the Owner's authorized agent who ordered the work and date of the order.
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2. Dates and times work was performed and by whom.
3. Time record, summary of hours worked and hourly rates paid.
4. Receipts and invoices for:
a. Equipment used, listing dates and times of use.
b. Products used, listing quantities.
C. Subcontracts.
C. Document requests for substitutions for products as specified in Section 01600.
D. Support each claim for additional time due to weather -related delays with the following daily
information:
1. Statement of the reason for requesting an extension to the Contract Time due to the
weather, including the materials or trades affected and the adverse effects of the
weather upon these items.
2. Weather conditions at the site of the project for each day requested.
3. Temperature in Fahrenheit at the site for each day requested.
4. Any additional information requested by the Owner.
1.06 PREPARATION OF CHANGE ORDERS
A. Contractor shall prepare each Change Order, unless Owner or Architect is authorized to
prepare Change Orders at the Pre -Construction Conference.
B. Form: Change Order, AIA Document G701 or Owner provided form.
C. Change Order will describe changes in the work, both additions and deletions, with
attachments of revised Contract Documents to define details of the change.
D. Change Order will provide an accounting of the adjustment in the Contract Sum and the
Contract Time.
1.07 LUMP SUM/FIXED PRICE CHANGE ORDER
A. Content of Change Orders will be based on either:
1. Architect's Proposal Request and Contractor's response as mutually agreed
between Owner and Contractor; or
2. Contractor's proposal for a change as recommended by Architect.
B. Owner and Architect will sign and date the Change Order as authorization for the Contractor
to proceed with the changes.
C. Contractor will sign and date the Change Order to indicate agreement with the terms
therein.
1.08 UNIT PRICE CHANGE ORDER
A. Content of Change Orders will be based on either:
1. Architect's definition of the scope of the required changes.
2. Contractor's proposal for a change as recommended by Architect.
3. Survey of completed work.
B. The amounts of the unit prices to be either:
1. Those stated in the Agreement.
2. Those mutually agreed upon between Owner and Contractor.
C. When quantities of each of the items affected by the Change Order can be determined prior
to start of the work:
1. Owner and Architect will sign and date the Change Order as authorization for
Contractor to proceed with the changes.
2. Contractor will sign and date the Change Order to indicate agreement with the terms
therein.
D. When quantities of the items cannot be determined prior to start of the work:
1. Architect or Owner will issue a Construction Change Authorization directing
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Contractor to proceed with the change on the basis of unit prices and will cite the
applicable unit prices.
2. At completion of the change, Architect will determine the cost of such work based on
the unit prices and quantities used.
a. Contractor shall submit documentation to establish the number of units of each item
and any claims for a change in Contract Time.
3. Architect will sign and date the Change Order to establish the change in Contract
Sum and in Contract Time.
4. Owner and Contractor will sign and date the Change Order to indicate their
agreement with the terms therein.
1.09 TIME AND MATERIAL/FORCE ACCOUNT CHANGE ORDER/CONSTRUCTION CHANGE
AUTHORIZATION
A. Architect and Owner will issue a Construction Change Authorization directing Contractor to
proceed with the changes.
B. At completion of the change, Contractor shall submit itemized accounting and supporting
data as provided in paragraph 1.05, Documentation of Proposals and Claims.
C. Architect will determine the allowable cost of such work as provided in General Conditions
and Supplementary Conditions.
D. Architect and Owner will sign and date the Change Order to establish the change in
Contract Sum and in Contract Time.
E. Contractor will sign and date the Change Order to indicate their agreement therein.
F. Owner must approve in writing and on a daily basis all time and material Change Orders.
1.10 CONTRACTOR OVERHEAD AND PROFIT
A. General: Allowable limits to the Contractor's and Subcontractors' mark-ups on Change
Orders shall be as established in the Supplementary Conditions of the Contract.
1.11 CORRELATION WITH CONTRACTOR'S SUBMITTALS
A. Periodically revise Schedule of Values and Application for Payment forms to record each
change as a separate item of work and to record the adjusted Contract Sum.
B. Periodically revise the Construction Schedule to reflect each change in Contract Time.
1. Revise subschedules to show changes for other items of work affected by the
changes.
C. Upon completion of work under a Change Order, enter pertinent changes in Record
Documents.
END OF SECTION
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SECTION 01040
COORDINATION
PART1 GENERAL
1.01 COORDINATION REQUIREMENTS
A. Contractor shall be responsible for the overall coordination of all civil, landscape and urban
design, architectural, structural, mechanical and electrical components and systems that are
a part of this project.
1. Coordinate components and systems prior to purchasing or fabricating.
2. Coordinate materials, equipment and fixtures supplied by various trades for
compatibility with the final installation.
B. Coordinate all work included in the Construction Documents, including but not limited to the
following construction trades:
1. Demolition.
2. Earthwork, excavation and grading.
3. Onsite utilities, including utilities designed by other jurisdictions.
4. Cast -in -place concrete.
5. Structural steel and metalwork.
6. Carpentry and cabinetwork.
7. Building and roof insulation.
8. Roofing and flashings.
9. Doors, windows and glazing systems.
10. Painting and finishing.
11. Flooring and hard surfaces.
12. Specialties.
13. Equipment.
14. Mechanical and plumbing systems.
15. Electrical systems.
C. Coordinate scheduling, submittals and work of the Drawings and various Sections of
Specifications to assure efficient and orderly sequence of installation of interdependent
construction elements.
D. Coordinate and verify that utility requirement characteristics of operating equipment are
compatible with the building utilities. Interruption of utility services shall be scheduled with
and subject to the approval of the Owner seven (7) business days prior to the interruption.
E. Coordinate utility locates and utility designs with the City of Fort Collins and other
jurisdictions having authority over the project. Refer to Section 01060.
F. Related requirements specified elsewhere:
1. General and Supplementary Conditions: Contractor's Responsibilities.
2. Section 01010, Summary of Work.
3. Section 01050, Field Engineering.
4. Section 01060, Regulatory Requirements.
5. Section 01600, Materials and Equipment: Substitutions.
6. Section 06100, Rough Carpentry: General project coordination.
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1.02 RELATED WORK BY OTHERS
A. Coordinate as required with the Owner for related work, as shown on the Drawings or
specified herein, to be performed by the Owner's own forces or by separate contract from
this project. Refer to Section 01010.
1.03 COORDINATION OF SCHEDULES
A. Coordinate schedule of construction activity with the Owner's continued use of the facility
and site. Refer to Section 01046, Access to Site.
B. Coordinate schedule of construction activity with the Owner and other Contractors as
necessary to facilitate the related work by others described above.
1.04 COORDINATION MEETINGS
A. In addition to progress meetings specified in Section 01200, Contractor shall hold
coordination meetings and pre -installation conferences with personnel and Subcontractors
to assure coordination of work.
1.05 COORDINATION OF SUBMITTALS
A. General: Schedule and coordinate all submittals specified in Section 01340 or other
Sections.
B. Coordinate work of various Sections having interdependent responsibilities for installing,
connecting to and placing in service such equipment.
C. Coordinate requests for substitutions to assure compatibility of space, operating elements
and the effect on work of other Sections.
1.06 COORDINATION OF SPACE
A. Coordinate use of project space and sequence of installation of mechanical and electrical
work which is indicated diagrammatically on the Drawings. Follow routing shown for pipes,
ducts and conduits as closely as practicable, with due allowance for available physical
space; make runs parallel with lines of building. Utilize space efficiently to maximize
accessibility for other installations, for maintenance and for repairs.
B. In finished areas, except as otherwise shown, conceal pipes, ducts and wiring in the
construction. Coordinate locations of fixtures and outlets with finish elements.
1.07 COORDINATION OF CONTRACT CLOSE-OUT
A. Coordinate completion and cleanup of work of separate Sections in preparation for
Substantial Completion.
B. Assemble and coordinate close-out submittals specified in Section 01700.
C. After Owner's occupancy of premises, coordinate access to the site by various Sections for
correction of defective work and work not in accordance with Contract Documents to
minimize the disruption of Owner's activities.
END OF SECTION
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SECTION 01041
SUPERINTENDENT
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Contractor shall employ a competent superintendent and any necessary assistants, who
shall be in attendance at the project site during performance of the work.
B. Superintendent shall be on the jobsite to the minimum level specified herein, but in all cases
whenever a Subcontractor is working on the project.
C. Related work specified elsewhere:
1. General and Supplementary Conditions of the Contract.
2. Section 01010, Summary of Work.
3. Section 01040, Coordination.
4. Section 01046, Access to Site.
1.02 QUALIFICATIONS
A. Contractor shall employ a competent superintendent to supervise and coordinate all
construction and jobsite administration tasks for the duration of the project.
1. Superintendent shall be a regular employee of the Contractor's firm, unless the use
of a contract employee is approved and authorized by the Owner in writing.
2. Superintendent shall have a general knowledge of the building type and type of
construction proposed for this project, and shall have successfully completed at
least three (3) projects of similar size and complexity in the past three (3) years,
serving in a similar capacity.
3. Contractor shall submit a written resume, references for similar completed projects
and other supporting documents to verify the qualifications of the person(s) to be
employed as superintendent for this project, if requested by the Owner.
1.03 REQUIRED LEVEL OF SUPERVISION
A. Superintendent shall be present at the jobsite until Substantial Completion on a full-time
basis.
1. Superintendent shall be present at the jobsite whenever a Subcontractor is working
on the project.
2. Superintendent shall be present during any municipal or utility inspection.
3. Superintendent shall be present at any scheduled meeting or Owner/ Architect
requested meeting.
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B. Superintendent shall be present at the jobsite after Substantial Completion and through
project closeout as follows:
1. Superintendent need not be onsite full time during this period, except as noted
below.
2. Superintendent shall be present at the jobsite when punch list work is being
completed.
END OF SECTION
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SECTION 01045
CUTTING AND PATCHING
PART1 GENERAL
1.01 WORK INCLUDED
A. Requirements and limitations for cutting and patching of the work. Cutting and patching
shall be as required to provide a complete and finished project.
B. Related work specified elsewhere:
1. Section 01600, Materials and Equipment: Substitutions.
2. Section 02070, Selective Demolition.
1.02 SUBMITTALS
A. Submit written request in advance of cutting or alteration which affects:
1. Structural integrity of any element of the project.
2. Building, fire, life safety or handicapped accessibility compliance of the project.
3. Integrity of weather -exposed or moisture -resistant elements.
4. Efficiency, maintenance or safety of any operational element.
5. Visual or aesthetic qualities of sight -exposed elements.
B. Include in request:
1. Location and description of affected work.
2. Necessity for cutting or alteration.
3. Description of proposed work and products to be used.
4. Alternatives to cutting and patching.
5. Effect on work of Owner or separate Contractor, if any.
6. Date and time work will be executed.
PART 2 PRODUCTS
2.01 MATERIALS
A. Materials used in cutting and patching shall be those required for, or to match, original
construction.
B. For any change in materials, submit request for substitution in accordance with Section
01600.
PART 3 EXECUTION
3.01 CUTTING AND PATCHING
A. Execute cutting, fitting and patching as required for a complete and finished project.
1. Contractor shall be responsible for cutting and patching as required for the comple-
tion of the work. No cutting shall be done without approval of the Architect or Owner
as to location, method and extent of cutting.
0237.05 01045-1
2. Fit work tight to adjacent elements. Maintain integrity of wall, roof, ceiling or floor
constructions and finishes. Refinish surfaces to match adjacent finishes.
3. Minimize extent of necessary cutting and patching. Thoroughly explore alternatives
to cutting and patching.
4. Remove and replace defective and non -conforming work.
5. Provide openings in elements of the work for mechanical and electrical penetrations,
work of other trades or Subcontractors.
B. Cutting, patching and fitting shall be performed by personnel or subcontractors skilled in the
particular trades or Sections of the work involved.
C. Perform cutting by methods which will prevent damage to other portions of the work and
provide proper surfaces to receive installation of repair and new work.
D. Perform fitting and adjusting of products to provide finished installation complying with the
specified tolerances and finishes.
END OF SECTION
0237.05 01045-2
6.5. CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
6.6. CONTRACTOR has given ENGINEER written notice of all conflicts,
errors or discrepancies that he has discovered in the Contract Documents and
the written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
ARTICLE 7. CONTRACT DOCUMENTS
7.1 The Contract Documents which comprise the entire Agreement between
OWNER and CONTRACTOR concerning the Work consist of the General Conditions,
Supplementary Conditions, those items included in the definition of "Contract
Documents" in Article 1.10 of the General Conditions, and such other items as
are referenced in this Article 7, all of which are incorporated herein by this
reference.
7.2 Forms for use by CONTRACTOR in performing the Work and related
actions in carrying out the terms of this Agreement are deemed Contract
Documents and incorporated herein by this reference, and include, but are not
limited to, the following:
7.2.1 Certificate of Substantial Completion
7.2.2 Certificate of Final Acceptance
7.2.3 Lien Waiver Releases
7.2.4 Consent of Surety
7.2.5 Application for Exemption Certificate
7.2.6 Application for Payment
7.3 Drawings, consisting of: EPIC roof plan view sheet #1
The Contract Drawings shall be stamped "Final for Construction" and dated.
Any revisions made shall be clearly identified and dated.
7.4. Addenda Numbers N/A to N/A, inclusive.
7.5. The Contract Documents also include all written amendments and
other documents amending, modifying, or supplementing the Contract Documents
pursuant to paragraphs 3.5 and 3.6 of the General Conditions.
7.6. There are no Contract Documents other than those listed or
incorporated by reference in this Article 7. The Contract Documents may only
be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of
the General Conditions.
ARTICLE 8. MISCELLANEOUS
8.1. Terms used in this Agreement which are defined in Article I of the
General Conditions shall have the meanings indicated in the General
Conditions.
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SECTION 01046
ACCESS TO SITE
PART1 GENERAL
1.01 OWNER'S USE OF PREMISES
A. The City of Fort Collins shall fully occupy the "existing" facility, parking areas and grounds
during construction of this project, except for specific areas designated strictly for use by the
Contractor as specified in paragraph 1.02.
B. It is the intent of the Owner not to disturb the normal functions of the complex, visitors,
employees, vendors, suppliers, contractors or related outside businesses during the work of
this project.
C. The City of Fort Collins (the Owner) shall not occupy or use any portion of the building or
site designated as "the construction area' without the permission of the Contractor until
Substantial Completion of the project.
D. Refer to paragraph 1.04 below for special site restrictions.
E. The Owner's principal representative on this project shall be Steve Seefeld. Mr. Seefeld
shall be the only representative of the Owner with access to the site with or without the
Contractor's knowledge, permission or guidance.
G. Related conditions specified elsewhere:
1. Section 01010, Summary of Work.
2. Section 01040, Coordination.
3. Section 01060, Regulatory Requirements.
4. Section 01510, Temporary Utilities.
5. Section 01590, Field Offices and Sheds.
1.02 CONTRACTOR'S USE OF PREMISES
A. Contractor shall have access to the site of new construction as required for the successful
completion of the project, as arranged at the Pre -Construction Conference.
B. Site area affected by construction access, construction activities, employee parking and
material storage areas is to be minimized.
1. General limits of the site access are as shown on the site plan in the Drawings.
Final limits shall be as determined at the Pre -Construction Conference.
2. Owner's access to non -effected areas of the site shall be maintained at all times.
Employee parking areas will be maintained throughout the duration of the project, as
determined at the Pre -Construction Conference.
3. Contractor's employees and subcontractors shall not park on the public streets
adjacent to the site. Contractor will be assigned parking spaces in the adjacent
parking lot for Contractor's personnel and/or subcontractors.
C. Access to areas of the existing facility affected by construction activities of the project is to
be minimized.
1. Schedules for construction activities within the existing facility shall be submitted to
the Owner for approval a minimum of seven (7) days prior to beginning work.
2. Access to areas of new construction through the existing facility will not be allowed.
3. Contractor shall protect all existing exterior and interior materials and finishes as
determined at the Pre -Construction Conference. Contractor shall repair or replace
any existing materials or finishes damaged as a part of this work at no cost to the
Owner, including damage to adjacent properties.
4. Contractor shall provide daily cleaning of the site and areas of the existing facility
during the period of construction activity or as specified in the Pre -construction
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Conference.
D. Contractor shall assume full responsibility for the protection and safekeeping of products
under this Contract stored on the site and for completed work.
E. Noise Control: Refer to Section 01560, Temporary Controls.
F. Dust and Erosion Control: Refer to Section 01560, Temporary Controls.
G. Construction Hours: Refer to Section 01560, Temporary Controls.
H. Toilet Facilities: Refer to Section 01510, Temporary Utilities.
1.03 CONSTRUCTION STAGING
A. Contractor shall provide a staging and phasing plan for the Owner's review and approval at
the Pre -Construction Conference, including:
1. Major materials to be stored on the site.
2. Major equipment to be used in the work, with the proposed placement of this
equipment during different phases of construction.
3. Field offices, trailers and storage sheds, including those proposed by major
Subcontractors.
4. Limits of temporary site fencing, including access points.
5. Proposed location for construction vehicle and employee parking.
6. Proposed phasing or sequencing of construction on the site.
B. Rooftop Staging: Contractor's use of the roof area for storage of demolished or new
materials shall be limited by the structural capacity of the roof structure.
END OF SECTION
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SECTION 01060
REGULATORY REQUIREMENTS
PART 1 GENERAL
1.01 APPROVAL AND RECOMMENDATION AGENCIES
A. The City of Fort Collins has jurisdiction for review and approval of the project, including but
not limited to, the following departments:
1. Planning and Zoning.
2. Building Inspection.
3. Fire Prevention.
4. Engineering and Traffic Engineering.
5. Water/Wastewater Utility.
6. Stormwater Utility.
7. Electric Utility.
8. Handicapped Advisory Commission.
B. Other entities having jurisdiction of this project, include but are not limited to:
1. State of Colorado Department of Public Health and Environment.
2. Larimer County Health Department.
3. State of Colorado Historical Society.
4. State of Colorado, Department of Transportation.
5. Water Utility.
6. Poudre Fire Authority.
7. Local Landmark Preservation Commission.
C. Codes which have been adopted by City of Fort Collins applicable to the project include, but
may not be limited to:
1. Uniform Building Code, 1997 Edition.
2. Uniform Code for Building Conservation, Current Edition.
3. Uniform Plumbing Code, 1997 Edition.
4. Uniform Mechanical Code, 1997 Edition.
5. CDOT Standard Specifications for Road and Bridge Construction.
6. NFPA 101, Life Safety Code, Current Edition,
7. National Electrical Code, Current Edition.
8. ANSI A117.1, American National Standards Institute Specifications for Making
Buildings and Facilities Accessible to and Usable by Physically Handicapped
People, Current Edition.
9. Americans with Disabilities Act, provisions for accessibility by physically
handicapped people, 1990.
10. Miscellaneous health and safety codes and standards applied by the State of
Colorado Department of Public Health and Environment.
11. Any other local, state or federal codes which are applicable.
12. In case of a conflict between referenced applicable codes, the one having the more
stringent requirements shall govern.
1.02 SERVICES AND UTILITIES
A. Utility services are provided to the area of the project by the following jurisdictions:
1. Water: City of Fort Collins Utilities Department.
2. Sanitary Sewer: City of Fort Collins Utilities Department.
3. Stormwater Drainage: City of Fort Collins Utilities.
4. Natural Gas: Xcel Energy.
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5. Telephone: Qwest.
6. Cable Television: Comcast.
7. Electric: City of Fort Collins Utilities.
B. The Contractor shall be responsible for coordinating the work of these outside utility
providers, as well as the coordination of these utilities with those shown on the
Drawings. Refer to Section 01040.
1.03 COMPLIANCE WITH APPLICABLE LAWS
A. In addition to any applicable regulations referenced elsewhere, all Contractors shall strictly
adhere to all applicable federal and state laws, orders, and all applicable standards,
regulations, interpretations or guidelines issued pursuant thereto, as they apply, including
but not limited to:
1. National Environmental Policy Act of 1969, as amended, and the implementing
regulations of HUD and of the Council on Environmental Quality providing for
establishment of national policy, goals, and procedures for protecting, restoring and
enhancing environmental quality.
2. The Clean Air Act of 1970 as amended, requiring that federal assistance will not be
given and that license or permit will not be issued to any activity not conforming to
the State implementation plan for national primary and secondary ambient air quality
standards.
3. Davis -Bacon Fair Labor Standards Act requiring that, on all contracts and
subcontracts which exceed $2,000 for federally -assisted construction, alteration or
rehabilitation, laborers and mechanics employed by contractors or subcontractors
shall be paid wages at rates not less than those prevailing on similar construction in
the locality as determined by the Secretary of Labor.
4. Contract Work Hours and Safety Standards Act of 1962 requiring that mechanics
and laborers employed on federally -assisted contracts which exceed $2,000 be paid
wages of not less than one and one-half times their basic wage rates for all hours
worked in excess of forty in a work week.
5. Copeland "Anti -Kickback" Act of 1934 prohibiting and prescribing penalties for
"kickbacks" of wages in federally -financed or assisted construction activities.
6. The Lead -Based Paint Poisonina Prevention Act - Title IV prohibiting the use of
lead -based paint in residential structures constructed or rehabilitated with federal
assistance, and requiring notification to purchasers and tenants of such housing of
the hazards of lead -based paint and of the symptoms and treatment of lead -based
paint poisoning.
7. Section 109 of the Housing and Community Development Act of 1974, as amended,
providing that no person shall be excluded from participation (including
employment), denied program benefits or subjected to discrimination on the basis of
race, color, national origin or sex under any program or activity funded in whole or in
part under Title I (Community Development) of the Act.
8. Title VI of the Civil Rights Act of 1964 prohibiting discrimination on the basis of race,
color, religion or religious affiliation, or national origin in any program or activity
receiving federal financial assistance.
9. Executive Order 11246 (1965), as amended by Executive Orders 11375, prohibiting
discrimination on the basis of race, religion, sex or national origin in any phase of
employment during the performance of federal or federally -assisted contracts in
excess of $2,000.
10. Section 504 of the Rehabilitation Act of 1973, as amended, providing that no
otherwise qualified individual shall, solely by reason of a handicap, be excluded from
participation (including employment), denied program benefits or subjected to
discrimination under any program or activity receiving federal funds.
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1.04 HANDICAPPED ACCESSIBILITY
A. Construction shall be in substantial compliance with the requirements of the American
National Standards Institute Specifications for Making Buildings and Facilities Accessible to
and Usable by Physically Handicapped People, ANSI A117.1, Current Edition, and the
Americans with Disabilities Act, 1990.
B. Refer to Section 01010, Summary of Work, for extent of handicapped accessible and
handicapped adaptable construction.
C. Refer to specific Sections of the Specifications for specific requirements relating to each
section.
1.05 SAFETY OF LIFE, HEALTH AND PUBLIC WELFARE
A. Contractor shall have sole responsibility for compliance on the job site with all applicable
portions of the Williams -Steiger Occupational Safety and Health Act (OSHA) and
compliance with the Equal Employment Opportunity Act (EEO).
1. Contractor shall fully comply with OSHA requirements for maintaining Material
Safety Data Sheets (MSDS) on the site.
B. Protection of life, health and public welfare as it relates to construction of the project is the
responsibility of the Contractor. The Owner will not provide observation, inspection,
supervision or any comment on plans, procedures or actions employed at the project as
they relate to safety of life, health or public welfare. If conditions are imposed by the Owner
which interfere with or imply actions detrimental to safety, written notice shall be returned to
the Contractor for action prior to affecting any unsafe conditions.
C. The Architect shall not have control or charge of, and shall not be responsible for,
construction means, methods, techniques, sequences or procedures for safety precautions
and programs in connection with the work, for the acts or omissions of the Contractor,
subcontractors or any other persons performing any of the work or for the failure of any of
them to carry out the work in accordance with the Contract Documents.
1. The Architect shall have no responsibility for the discovery, presence, handling,
removal or disposal of or exposure of persons to hazardous materials in any form at
the project site, including but not limited to asbestos, asbestos products, lead -based
paint, polychlorinated biphenyl (PCB) or other toxic substances. Refer also to
Section 02080, Hazardous Material Removal.
01060 - 3
0237.07
1.06 PERMITS AND FEES
A. Refer to General and Supplementary Conditions.
B. Contractor shall be responsible for all permits, fees and inspections required by the
regulatory agencies referenced above, including but not limited to:
1. Subcontractor fees.
2. Any other local or state permits or fees.
C. Owner shall be responsible for the following permits, fees and inspections required by the
regulatory agencies referenced above, including:
1. Utility impact and plant investment fees, and other development fees.
2. Utility tap and meter fees.
D. The Contractor shall be responsible for applying for, and acquiring, all building permits,
inspections and any other permits required for the construction of this project, except as
modified below.
1. The Drawings and Specifications may be in the City of Fort Collins' review process
during the bidding phase of the project. The contractor will pay plan check and
permit fees at time of issue.
END OF SECTION
01060 - 4
0237.07
SECTION 01200
PROJECT MEETINGS
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Owner shall schedule and administer Pre -Bid and Pre -Construction Conferences.
B. Contractor shall schedule and administer periodic progress meetings and specially called
meetings throughout progress of the work.
1. Prepare agenda for meetings and conduct meetings.
2. Record the minutes, including significant proceedings and decisions.
3. Reproduce and distribute copies of minutes within five (5) days after each meeting
to all participants in the meeting and parties affected by decisions made at the
meeting.
4. Prepare and regularly update an `open items list" to document and track required
decisions and pending changes.
C. Representatives of contractors, subcontractors and suppliers attending meetings shall be
qualified and authorized to act on behalf of the entity each represents.
D. Owner's representative will attend meetings to ascertain that work is expedited consistent
with Contract Documents and construction schedules.
1.02 PRE -CONSTRUCTION MEETING
A. Owner shall schedule and administer the Pre -Construction Conference within five (5)
working days after the date of Notice to Proceed.
B. Location: A central site, convenient for all parties, designated by the Owner.
C. Attendance:
1. Owner's principal representative.
2. Contractor's project manager and superintendent.
3. Major subcontractors.
4. Representative from Colorado Historical Society.
D. Agenda:
1. Distribution and discussion of:
a. List of major subcontractors.
b. Project construction schedules.
C. Schedule of Values.
d. Contractor's staging plan.
2. Critical work sequencing.
3. Major equipment deliveries and priorities.
4. Project coordination.
a. Designation of responsible personnel.
5. Procedures and processing of:
a. Field decisions.
b. Proposal requests.
C. Submittals, shop drawings and samples.
d. Change Orders.
e. Applications for Payment.
f. Certified payroll reports for Davis -Bacon wage reporting, if applicable.
6. Adequacy of distribution of Contract Documents.
7. Procedures for maintaining Record Documents.
8. Use of premises:
01200 - 1
0237.07
a. Field office, work and storage areas.
b. Owner's use of site and grounds.
9. Construction facilities, controls and construction aids.
10. Temporary utilities.
11. Safety and first -aid procedures.
12. Security procedures and temporary site or building fencing and enclosures.
13. Housekeeping procedures.
14. Pending changes and substitutions by Change Order.
15. Installation of project sign.
1.03 PROGRESS MEETINGS
A. Contractor shall schedule and administer regular weekly meetings as determined at the
Pre -Construction Conference and specially called meetings as required by progress of the
work.
B. Location of the Meetings: As designated by Contractor and coordinated with the Owner's
principal representative, normally the Contractor's jobsite trailer.
C. Attendance:
1. Contractors project manager and on -site superintendent.
2. Owner's principal representative.
3. Architect and his professional consultants, as needed.
4. Subcontractors as appropriate to the agenda.
5. Others as appropriate.
D. Suggested Agenda:
1. Review of work progress since previous meeting.
2. Field observations, problems and conflicts.
3. Review of off -site fabrication and delivery schedules.
4. Revisions to the construction schedule.
5. Progress and schedule during succeeding work period.
6. Review submittal schedules and expedite as required.
7. Maintenance of quality standards.
8. Pending changes and substitutions, with review of the proposed changes for:
a. Effect on construction schedule and completion date.
b. Effect on other contracts of the project.
9. Review of Contractor's application for progress/final payment.
10. Walk-through inspection of the work in progress by the Owner's representative,
Architect and his consultants, as necessary, and General Contractor.
Subcontractors will only be involved in these walk-throughs as requested by the
Owner or Architect.
END OF SECTION
01200 - 2
0237.07
SECTION 01310
CONSTRUCTION SCHEDULES
PART1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Contractor shall prepare and submit to the Owner/Architect estimated construction progress
schedules for the work with subschedules of related activities which are essential to its
progress.
B. Submit revised progress schedules periodically, as determined in the Pre -construction
Conference.
C. Related requirements specified elsewhere:
1. General and Supplementary Conditions, and Conditions of the Contract: Liquidated
Damages.
2. Section 01040, Coordination.
3. Section 01200, Project Meetings.
4. Section 01340, Shop Drawings, Product Data and Samples.
5. Section 01700, Contract Close -Out.
1.02 FORM OF SCHEDULES
A. Type: Schedules will be computer generated, using software specifically designed for this
intent, and shall be capable of automatically adjusting critical path entries.
B. Prepare schedules in a continuous flow, both daily and weekly formats.
1. Provide separate horizontal bar for each trade, supplier or subcontractor.
2. Horizontal Time Scale: Identify the first workday of each week.
3. Scale and Spacing: As required to allow space for notations and future revisions.
4. Minimum Size: 8-1/2" x 11".
C. Format of Listing: Table of Contents of this project manual.
D. Format of Scheduling: Chronological order of the start of each item of work.
E. Identification of Listings: By major specification section numbers as a minimum.
1. Listings shall be complete enough to include each item of work that is sizable
enough to affect either the start of, or completion of, other areas of the work.
1.03 CONTENT OF SCHEDULES
A. Construction Progress Schedule:
1. Show the complete sequence of construction by activity.
2. Show the dates for the beginning and completion of each major element of
construction, based upon the Schedule of Values.
3. Substantial completion, punch list completion, final completion and contract close-
out shall be included.
B. Final Completion Schedule: Contractor shall update the latest progress schedule through
contract close-out.
C. Nothing in these requirements shall be deemed to be a usurpation of the Contractor's
authority and responsibility to plan and schedule the work as he sees fit, subject to all other
requirements of the Contract Documents.
1.04 SUBMISSIONS
A. Submit initial schedule within fifteen (15) days after Award of Contract.
01310 - 1
0237.07
1. Owner/Architect will review schedules and return review copy within ten (10) days
after receipt, if modifications are required.
2. If required, resubmit within seven (7) days after return of review copy.
B. Submit revised progress schedules with each Application for Payment indicating actual work
progress in comparison to scheduled progress. Schedules will be reviewed at normally
scheduled meetings, as set forth in Section 01200.
C. Submit final schedule with contract close-out documentation.
1.05 DISTRIBUTION OF SCHEDULES
A. Distribute copies of the reviewed schedules to:
1. Job site file.
2. Owner's representative.
3. Architect.
4. Other concerned parties.
B. Instruct recipients to report promptly to the Contractor in writing any problems anticipated by
the projections shown in the schedules.
END OF SECTION
01310 - 2
0237.07
8.2. No assignment by a party hereto of any rights under or interests in
the Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically but not
without limitations, moneys that may become due and moneys that are due may
not be assigned without such consent (except to the extent that the effect of
this restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment no assignment will release or
discharge that assignor from any duty or responsibility under the Contract
Document.
8.3. OWNER and CONTRACTOR each binds itself, its partners, successors,
assigns and legal representatives to the other party hereto, its partners,
successors, assigns and legal representatives in respect to all covenants,
Agreement and obligations contained in the Contract Document.
OWNER: CITY OF FORT COLLINS
By:
JAMES . O'NEILL II, CPPO, FNIGP
DIRECTOR OF PURCHASING
AND RISK MANAILUENT
Date:
Attest:
CONTRACTOR:
Front Rani/! Systems, LLC
By:
Title: ���,s/p�
Date:
CORPORATE SEAL)
'icy Cler c Attest:
Address r g' ��Q.0 '0 s: Address for giving notices:
PO Box 5 0
Fort Co lies O 8
App o A as orm
LICENSE NO.:
Asti4C'antLCity Attorney
9/12/01 Section 00520 Page 6
SECTION 01340
SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
PART1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Coordinate and submit shop drawings, product data and samples required by the Contract
Documents.
B. Related requirements specified elsewhere:
1. Conditions of the Contract: Definitions and additional responsibilities of parties.
2. Section 01040, Coordination.
3. Section 01200, Project Meetings.
4. Section 01310, Construction Schedules.
5. Section 01720, Project Record Documents.
6. Division 15, Mechanical, and Division 16, Electrical.
1.02 SHOP DRAWINGS
A. Drawings shall be presented in a clear and thorough manner, with sufficient detail and
completeness to clearly illustrate all conditions of the specific installation.
1. Details shall be identified by reference to sheet and detail, schedule or room
numbers shown on Contract Drawings.
2. Shop drawings shall be returned unreviewed if, in the opinion of the Owner or
consultants, the drawings lack sufficient completeness or clarity to allow their
review.
B. Sheet size for all shop drawings shall be 8-1/2" x 11 ", 11" x 17" or 24" x 36".
C. Quantity and Format: Unless otherwise directed by the Owner, provide the following:
1. Shop Drawings: One (1) reproducible and three (3) prints or copies.
D. Cover Sheet: Each copy shall contain the Shop Drawing Identification Form, located at the
end of this Section.
1.03 PRODUCT DATA
A. Preparation:
1. Clearly mark each copy to identify pertinent products or models.
2. Show performance characteristics and capacities.
3. Show dimensions and clearances required.
4. Show wiring or piping diagrams and controls.
B. Manufacturer's standard schematic drawings and diagrams:
1. Modify drawings and diagrams to delete information which is not applicable to the
work.
2. Supplement standard information to provide information specifically applicable to the
work.
C. Quantity and Format: Unless otherwise directed by the Owner, provide the following:
1. Product Data: Minimum five (5) complete sets.
1.04 SAMPLES
A. Office samples shall be of sufficient size and quantity to clearly illustrate:
1. Functional characteristics of the product with integral related parts and attachment
devices.
01340 - 1
0237.07
2. Full range of color, textures and pattern.
B. Contractor shall coordinate and submit all samples requiring finish, texture or color selection
by the Owner so that these materials may be reviewed by the Owner as a complete
package. The Owner reserves the right to withhold finish and color selections until all such
samples have been submitted.
1.05 CONTRACTOR RESPONSIBILITIES
A. Contractor shall prepare and submit to the Owner a log of shop drawing, product data and
sample submittals, indicating schedules for submission and review of individual products or
equipment.
B. Contractor shall coordinate and make submittals promptly, in accordance with the approved
submittal schedule. The Owner shall not be responsible for delays in the work caused by
the Contractor's failure to make submittals in a timely manner, the completeness and/or
accuracy of such submittals, or failure to allow adequate time for review of submittals by the
Owner or his professional consultants.
C. Contractor shall review shoo drawings, product data and samples prior to submission to
Owner. Contractor shall determine and verify:
1. Quantities.
2. Field measurements.
3. Field construction criteria.
4. Catalog numbers and similar data.
5. Conformance with Specifications.
6. Completeness of submittal and compliance with the requirements of this Section.
D. Coordinate each submittal with requirements of the work and of the Contract Documents.
Contractor shall coordinate submittals between related items of work prior to purchasing or
fabricating.
E. Review of shop drawings and submittals by the Owner/Engineer is only for general
conformance with design intent of the project and general compliance with the information
given in the Contract Documents. Contractor shall be responsible for meeting all
requirements of the Drawings and/or Specifications, whether noted in the Owner/Engineer
review or not.
F. Notify the Owner/Engineer in writing at time of submission of any deviations in the
submittals from requirements of the Contract Documents. The Contractor must submit in
writing any requests for modifications to the Drawings and Specifications. Shop drawings
submitted to the Owner/Engineer for this review do not constitute "in writing" unless it is
noted that specific changes are being requested. Changes by means of shop drawings
become the sole responsibility of the Contractor.
G. Begin no fabrication or work which requires submittals until return of submittals with
Owner/Engineer approval.
1.06 SUBMISSION REQUIREMENTS
A. Make submittals promptly, in accordance with approved schedule and in such sequence as
to cause no delay in the work or in the work of any other Contractor.
B. Number of submittals required:
1. Shop Drawings: As specified in paragraph 1.02.C.
2. Product Data: As specified in paragraph 1.03.C.
3. Samples: Submit one sample or set of samples of each item requested.
4. The Owner reserves the right to withhold review and approval of submittals until all
required copies have been furnished.
C. Submittals shall contain the following information, to be completed on the attached Shop
Drawing Identification Form:
1. Date of submission and the dates of any previous submissions.
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0237.07
2. Project title and number.
3. Contract identification.
4. Names of:
a. Contractor.
b. Supplier.
C. Manufacturer.
5. Field dimensions clearly identified as such.
6. Relation to adjacent or critical features of the work or materials.
7. Applicable standards such as ASTM or Federal Specification numbers.
8. Identification of any deviations from Contract Documents.
9. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of
products, field measurements and field construction criteria and coordination of the
information within the submittal with requirements of the work and of Contract
Documents.
1.07 OWNER RESPONSIBILITIES
A. Upon receipt, Owner shall distribute submittals to his professional consultants as applicable.
B. Owner and consultants shall review submittals in a timely manner, in accordance with the
requirements of General and Supplementary Conditions.
C. Owner shall return submittals to the Contractor, with stamp indicating approval, rejection,
required revisions, or description of requirements for resubmittal, if applicable.
D. Owner shall retain copy or copies of submittals.
1.08 RESUBMISSION REQUIREMENTS
A. General: Make any corrections or changes in the submittals required by the
Owner/Engineer and resubmit until approved. Resubmittals may be required for the
following reasons:
1. Incomplete or unclear submittals, or submittals which have not first been reviewed
and approved by the Contractor.
2. Lack of required number of copies of product data or shop drawings.
3. Extent of the revisions necessary in the submittal to meet the design intent and to be
properly reviewed.
4. Materials and/or fabrication details that do not meet the design or technical
requirements of the specifications.
5. All color and/or finish selections have not been submitted as a complete package.
B. Shop Drawing and Product Data: Revise initial drawings or data and resubmit as specified
for the initial submittal. Identify any revisions made.
C. Samples: Submit new samples as required for initial submittal.
01340 - 3
0237.07
1.09 DISTRIBUTION OF REQUIREMENTS
A. Contractor shall distribute reproductions of shop drawings and copies of product data which
carry the Owner/Engineer stamp of review to:
1. Job site file.
2. Record Documents file.
3. Subcontractors.
4. Supplier or fabricator.
B. Architect shall distribute returned copies of shop drawings and product data to:
1. Owner's representative.
2. Consultants, as applicable.
01340 - 4
0237.07
SHOP DRAWING IDENTIFICATION FORM
DATE:
PROJECT:
ARCHITECT: ALLER•LINGLE ARCHITECTS, P.C.
712 WHALERS WAY, SUITE B-100
FORT COLLINS, CO 80525
(970) 223-1820
CONTRACTOR: NAME:
ADDRESS:
PHONE:
SUBCONTRACTOR: NAME:
CONTACT PERSON:
ADDRESS:
PHONE:
PRODUCT(S):
SPEC. SECTION(S):
*STAMP*
END OF SECTION
01340 - 5
0237.07
SECTION 01510
TEMPORARY UTILITIES
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Furnish, install and maintain temporary utility services required for construction. Remove
upon completion of work.
B. Furnish, install and maintain temporary sanitary facilities for use by construction personnel.
Remove upon completion of work.
C. Related requirements specified elsewhere:
1. Section 01060, Regulatory Requirements.
2. Section 01530, Barriers and Enclosures.
3. Section 01560, Temporary Controls.
4. Section 01590, Field Offices and Sheds.
5. Section 01710, Cleaning: Trash removal during construction.
1.02 REQUIREMENTS OF REGULATORY AGENCIES
A. Comply with the current editions of all applicable building codes. Refer to Section 01060.
B. Comply with applicable federal, state and local codes and regulations.
C. Comply with applicable utility company requirements.
1.03 UTILITY FEES
A. Utility charges and expenses for temporary construction usage for the following shall be
paid by the Owner, unless indicated otherwise:
1. Temporary electricity.
2. Temporary construction water until installation and acceptance of the building's
permanent plumbing systems.
3. Temporary heat and ventilation upon start-up of the building's permanent
mechanical systems, when put into service during the construction period as
specified in paragraph 2.03.C.
B. Utility charges and expenses for temporary construction usage for the following shall be
paid by the Contractor, unless indicated otherwise:
1. Installation or connection charge for temporary electricity, water, natural gas,
propane or telephone service.
2. Temporary sanitary facilities.
3. Temporary local and long-distance telephone, including cellular.
4. Temporary heat and ventilation until start-up or use of the building's permanent
mechanical systems, including the cost of fuel used during construction.
01510 - 1
0237.07
PART 2 PRODUCTS
2.01 MATERIALS
A. General: Materials for temporary construction uses may be new or used but must be
adequate in capacity for the required usage, must not create unsafe conditions and must
not violate requirements of applicable codes and standards.
2.02 TEMPORARY ELECTRICITY AND LIGHTING
A. Contractor may utilize existing 120/240V power service in the existing facility.
B. Install circuit and branch wiring with area distribution boxes located so that power and
lighting is available throughout the construction area by the use of construction -type power
cords.
C. Provide adequate artificial lighting for all areas of work when natural light is not adequate for
work and for areas accessible to the public.
D. Security Lighting: Provide temporary security lighting for temporary, secure materials
storage area, as may be required by the Owner's or Contractor's Builder's Risk insurance.
2.03 TEMPORARY HEAT AND VENTILATION
A. Contractor shall provide and maintain, at his own expense, all temporary heating, including
all fuel and required attendance necessary to protect and dry all work during cold weather.
B. Provide adequate forced ventilation of enclosed areas for curing of installed materials, to
disperse humidity and to prevent hazardous accumulations of dust, fumes, vapors or gases.
1. Portable heaters shall be standard approved units complete with controls. Do not
store materials near sources of intense heat or open flame.
C. Permanent building heating system may be used upon installation, testing and acceptance
by the jurisdiction having authority over this area of the work, as allowed in Division 15,
Mechanical.
1. The project shall be substantially enclosed and secured with the building's
permanent glazing systems and either construction or permanent hardware.
2.04 TEMPORARY TELEPHONE SERVICE
A. Contractor shall install and maintain a job telephone. Contractor shall pay all costs for
installation, maintenance, removal and service charges for local calls. Toll charges shall be
paid by the party who places the call.
B. Telephones within the existing facility shall not be used by construction personnel during the
construction period.
2.05 TEMPORARY WATER
A. Contractor may utilize existing water service in the existing facility.
1. Contractor shall tap existing fire hydrant for construction water. Contractor shall be
responsible for acquiring any necessary permit and installing temporary meter as
required by the City of Fort Collins.
01510 - 2
0237.07
B. Contractor shall provide and maintain, at his own expense, all temporary construction water
service to the site of construction.
C. Install branch piping with taps located so that water is available throughout the construction
area by the use of 50' hoses. Protect piping and fittings against freezing.
2.06 TEMPORARY SANITARY FACILITIES
A. Contractor shall provide sanitary facilities for use by construction personnel in compliance
with current laws and regulations.
1. Service, clean and maintain facilities and enclosures in accordance with local
governing health agencies.
B. Toilet facilities within the existing facility shall not be used by construction personnel during
the construction period.
C. New toilet facilities within the facility may be used by construction personnel upon
installation, testing and acceptance by the jurisdiction having authority over this area of the
work. Contractor shall provide routine cleaning and servicing of these facilities until
occupancy by the Owner.
PART 3 EXECUTION
3.01 INSTALLATION AND OPERATION
A. General: Install and maintain temporary utility services in accordance with requirements of
applicable federal, state and local codes and regulations, and applicable utility company
requirements.
B. Maintain and operate systems to assure continuous service.
C. Modify and extend systems as work progress requires.
3.02 REMOVAL
A. Completely remove temporary materials and equipment when use is no longer required, or
upon completion of the work.
B. Clean and repair damage caused by temporary installations or use of temporary facilities.
C. Restore permanent facilities used for temporary construction services to original or specified
condition.
1. Prior to final inspection, remove temporary lamps and install new lamps in all lighting
fixtures used during the construction period.
2. Prior to final inspection, clean permanent filters and replace disposable filters in all
mechanical equipment used during the construction period. Clean ducts, blowers
and coils if units were operated during the construction period without filters.
END OF SECTION
01510 - 3
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SECTION 01520
CONSTRUCTION EQUIPMENT AND AIDS
PART1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Furnish and maintain required construction equipment.
B. Furnish, install and maintain required construction aids and remove upon completion of
work.
C. Related work specified elsewhere:
1. Section 01046, Access to Site.
2. Section 01510, Temporary Utilities.
3. Section 01530, Barriers and Enclosures.
4. Section 01560, Temporary Controls.
5. Section 01590, Field Offices and Sheds.
PART 2 PRODUCTS
2.01 MATERIALS
A. General: Equipment and construction aids for temporary construction uses may be new,
used or rental equipment, suitable for the intended purpose, but must not violate
requirements of applicable codes and standards.
2.02 CONSTRUCTION EQUIPMENT
A. Provide construction equipment as necessary to facilitate execution of the work, including
but not limited to:
1. Miscellaneous hand tools.
2. Miscellaneous power tools.
3. Goggles, masks, hardhats and other personal safety equipment.
4. Cranes, forklifts and other material handling equipment.
5. Rolling or vibrating plate compactors.
6. Concrete batching and pumping trucks and equipment.
7. End loaders, scrapers, backhoes and other heavy equipment.
8. Air compressors.
9. Portable electrical generators.
10. Mortar batching equipment.
11. Drywall texturing equipment.
12. Paint spraying equipment.
13. Other equipment as required.
2.03 CONSTRUCTION AIDS
A. Provide construction aids and temporary equipment required by personnel to facilitate
execution of the work, including but not limited to:
1. Scaffolding, staging, ladders and platforms.
2. Stairs, ramps, runways and guardrails.
3. Hoists, platform lifts and chutes.
4. Concrete curing and thermal protection blankets.
01520 - 1
0237.07
5. Drop cloths and other protective materials.
6. Other facilities as required.
PART 3 EXECUTION
3.01 PREPARATION
A. Consult with Owner, review site conditions and other factors which affect construction
procedures and construction aids, including adjacent properties and public facilities which
may be affected by execution of the work.
B. Comply with applicable requirements specified in Divisions 2 through 16.
C. Relocate construction aids as required by progress of construction, by storage or work
requirements and to accommodate legitimate requirements of other subcontractors
employed at the site.
3.02 REMOVAL
A. Completely remove temporary materials, equipment and services:
1. When construction needs can be met by use of the permanent construction; or
2. At completion of the project.
B. Clean and repair damage caused by installation or by use of temporary facilities.
1. Remove foundations and underground installations for construction aids.
2. Grade areas of site affected by temporary installations to required elevations and
slopes and clean the area.
C. Restore permanent facilities used for temporary purposes to specified condition.
END OF SECTION
01520 - 2
0237.07
SECTION 00530
NOTICE TO PROCEED
Description of Work: EPIC Roof Replacement (partial)
To: Front Range Roofing Systems, LLC
This notice is to advise you:
That the contract covering the above described Work has been fully executed by
the CONTRACTOR and the OWNER.
That the required CONTRACTOR's Performance Bond and Payment Bond have been
received by the OWNER.
That the OWNER has approved the said Contract Documents.
Therefore, as the CONTRACTOR for the above described Work, you are hereby
authorized and directed to proceed within ( ) calendar days from
receipt of this notice as required by the Agreement.
Dated this day of , 20_
The dates for Substantial Completion and Final Acceptance shall be ,
and , 20 , respectively.
City of Fort Collins
OWNER
By:
Title:
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this
day of , 20
CONTRACTOR: Front Range Roofing Systems, LLC
By:
Title:
7/96 Section 00530 Page 1
SECTION 01530
BARRIERS AND ENCLOSURES
PART1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Furnish, install, and maintain temporary construction barriers and enclosures.
B. Furnish, erect, and maintain temporary site security fencing and gates.
C. Furnish, erect and maintain temporary safety barricade fencing.
D. Related work specified elsewhere:
1. Section 01030, Alternates.
2. Section 01046, Access to Site.
3. Section 01060, Regulatory Requirements.
4. Section 01510, Temporary Utilities.
5. Section 01520, Construction Equipment and Aids.
6. Section 01560, Temporary Controls: Dust partitions.
7. Section 01590, Field Offices and Sheds.
PART 2 PRODUCTS
2.01 TEMPORARY CONSTRUCTION BARRIERS AND ENCLOSURES
A. General: Provide and maintain for the duration of construction all scaffolds, tarpaulins,
canopies, warning signs, steps, platforms, bridges, and other temporary construction
necessary for proper completion of the work, in compliance with applicable safety and other
regulations.
B. Safety Barricade Fencing: Refer to paragraph 2.08 below.
2.02 TEMPORARY SITE FENCING
A. Prior to commencing work, Contractor shall, at his option, erect and maintain construction
fencing to enclose an area for ground level construction activity, storage and waste removal,
as approved by the Owner.
1. Fencing Materials: Panelized, chain -link fencing with crossed X-type post supports,
minimum 6'-0" high.
2. Refer to the approved staging plan for approximate limits of site area to be fenced
for construction activities and storage.
B. Provide vehicular and pedestrian access gates, with locks, as appropriate for construction
access.
1. Furnish Owners principal representative with keys to the lock of the primary access
gate.
C. Do not attach temporary fencing to any existing permanent construction, including buildings,
trees, retaining walls, walks or pavements.
D. Promptly remove temporary fencing materials upon completion of sitework, rough grading
and asphalt paving and restore area to original condition. Contractor shall repair or replace
any existing materials or equipment damaged as a part of this work at no cost to the Owner.
1. Fencing shall remain in place until building is secured.
2. Fencing shall be removed prior to finish grading, installation of underground
sprinkler system and landscaping.
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2.03 MISCELLANEOUS TEMPORARY WALL AND ROOF CLOSURES
A. Provide temporary weathertight enclosure of exterior roof and walls for successive areas of
the building as work progresses to provide acceptable working conditions, provide weather
protection for materials, allowing for effective temporary heating and to prevent entry of
unauthorized persons.
1. Provide temporary secure and fixed panels for double hung window openings.
2. Enclosures shall be removable as necessary for work and for handling of materials.
3. Provide enclosures for protection of areas designated for use by Owner during
construction. Refer to Section 01046, Access to Site.
2.04 SAFETY BARRICADE FENCING
A. Prior to commencing any sitework within any street, alley, public sidewalk or other right-of-
way, Contractor shall prepare and submit a traffic lane closure plan to the City of Fort
Collins for approval.
1. Plan shall clearly indicate how both vehicular and pedestrian traffic shall be safely
accommodated and maintained during construction.
B. Prior to commencing such work, Contractor shall erect and maintain protective safety
barricade fencing around the areas of work, as required by the approved plan.
1. Approved Materials: Expanded plastic fencing.
2. Color: Orange, or as approved by the governing agency with jurisdiction over this
work. Refer to Section 01060.
C. Provide adequate room within fenced enclosures for workers and construction activities.
D. Maintain all required clearances for vehicular and/or pedestrian circulation within public
right-of-ways that will be allowed during the construction period. Refer to Section 01046.
E. Consult with the City of Fort Collins for any additional barricading or public safety
requirements.
F. Promptly remove temporary safety fencing upon completion of work and restore site area to
original condition. Contractor shall repair or replace any existing materials or finishes
damaged as a part of this work at no cost to the Owner.
END OF SECTION
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SECTION 01560
TEMPORARY CONTROLS
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Furnish, install and maintain temporary facilities required for dust, erosion and pollution
control.
B. Implement and maintain temporary controls required for noise and construction work hours
limitations.
C. Related requirements specified elsewhere:
1. Section 01010, Summary of Work: Special site restrictions.
2. Section 01040, Coordination.
3. Section 01046, Access to Site.
4. Section 01510, Temporary Utilities.
5. Section 01530, Barriers and Enclosures: Cold -weather construction enclosures.
PART 2 PRODUCTS
2.01 MATERIALS
A. General: Materials for temporary controls may be new or used, but must be adequate in
capacity for the required usage, must not create unsafe conditions and must not violate
requirements of applicable codes and standards.
2.02 DUST CONTROL
A. Furnish and maintain such facilities or procedures as may be necessary to prevent air -borne
dust generated by the construction activities of this project from affecting either the Owners
use of this site or neighboring properties. Implementation of such requirements will be at
the sole discretion of the Owner or the City of Fort Collins.
B. Furnish materials, erect and maintain temporary dust partitions to seal portions of the
building and equipment to remain in use during the construction period from affected areas
of the project.
1. Partition Sheeting: Translucent or clear polyethylene sheets, 6-mil thickness
minimum.
C. Partitions shall be attached to the existing building so as not to damage or mar materials or
finishes.
D. Promptly remove temporary partitions upon completion of the work and restore materials
and finishes to original condition. Contractor shall repair or replace any existing materials or
finishes damaged as a part of this work at no cost to the Owner.
2.03 POLLUTION CONTROL
A. Contractor shall take all necessary precautions to prevent spilling or littering of water -
polluting substances. Do not allow any foreign materials to be dumped into any portion of
the sewer or storm drainage collection system or into any water runoff collection basin. The
Contractor shall be responsible for all labor, equipment and materials necessary to remedy
any such pollution as deemed appropriate by governing agencies with such jurisdiction.
B. No burning of debris or any other air -polluting methods or equipment will be allowed. All
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motorized equipment shall be adjusted to minimize exhaust pollution.
C. Contractor shall prevent fumes from roofing materials and equipment from being drawn into
the existing facility's air intake system. Equipment shutdowns shall be scheduled as
specified in Section 01040.
PART 3 EXECUTION
3.01 GENERAL
A. Construction Work Hours: Construction activity will be limited to 7:00 a.m. to 5:00 p.m.
Monday through Saturday during the construction period, except as limited in paragraphs
3.01.13. and 3.02. Sunday or holiday construction will not be allowed.
B. Specific activities that may limit the Contractor's working hours, if applicable, shall be
determined at the Pre -Construction Conference.
3.02 NOISE CONTROL
A. Construction activities that generate noise in excess of 85 db shall be limited to hours as
established at the Pre -Construction Conference.
1. Prohibited after 5:00 p.m. every weekday, unless approval is obtained by Owner.
2. Prohibited on Saturdays, Sundays and holidays, unless approval is obtained by
Owner.
END OF SECTION
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SECTION 01600
MATERIAL AND EQUIPMENT
PART1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Material and equipment incorporated into the work:
1. Conform to applicable specifications and standards.
2. Comply with size, make, type and quality specified, or as specifically approved in
writing by the Owner/Engineer.
3. Manufactured and Fabricated Products:
a. Design, fabricate and assemble in accordance with the best engineering and shop
practices.
b. Manufacture like parts of duplicate units to standard sizes and gages to be
interchangeable.
C. Two (2) or more items of the same kind shall be identical by the same manufacturer.
d. Products shall be suitable for service conditions.
e. Equipment capacities, sizes and dimensions shown or specified shall be adhered
to, unless variations are specifically approved in writing.
4. Do not use material or equipment for any purpose other than that for which it is
designed or specified.
B. Provide specified maintenance materials, equipment and tools to the Owner at the
completion of the project.
C. Provide equipment or systems start-up, commissioning and operational testing, as specified
in individual Sections.
D. Related requirements specified elsewhere:
1. Conditions of the Contract.
2. Section 01010, Summary of the Work.
3. Section 01040, Coordination.
4. Section 01340, Shop Drawings, Product Data and Samples.
5. Section 01400, Quality Control.
6. Section 01710, Cleaning.
7. Section 01730, Operating and Maintenance Data.
1.02 MANUFACTURER'S INSTRUCTIONS
A. When Contract Documents require that installation of work shall comply with manufacturer's
printed instructions, contractor shall obtain and distribute copies of such instructions to
parties involved in the installation, including two (2) copies to the Owner.
1. Maintain one (1) set of complete instructions at the job site during installation and
until completion.
B. Handle, install, connect, clean, condition and adjust products in strict accordance with such
instructions and in conformity with specified requirements.
1. Should job conditions or specified requirements conflict with manufacturer's
instructions, consult with Owner for further instructions. Do not proceed with work
without clear instructions.
C. Perform work in accordance with manufacturer's instructions. Do not omit any preparatory
step or installation procedure, unless specifically modified or exempted by Contract
Documents.
1.03 TRANSPORTATION AND HANDLING
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A. Arrange deliveries of products in accordance with construction schedules, coordinate to
avoid conflict with work and conditions at the site.
1. Deliver products in undamaged condition in manufacturer's original containers or
packaging with identifying labels intact and legible.
2. Immediately upon delivery, inspect shipments to assure that materials and
equipment are in compliance with approved submittals, required quantities have
been provided and that products are properly protected and undamaged.
B. Provide equipment and personnel to handle products by methods to prevent soiling or
damage to products or packaging.
1.04 STORAGE AND PROTECTION
A. Preparation for Shipment:
1. Prepare in a manner to facilitate unloading and handling.
2. Provide skids, boxes, crates or other effective shipping devices to protect materials,
fixtures or equipment against damage from rough handling, moisture, dust,
excessive heat or cold.
3. Protect painted surfaces against impact, abrasion, discoloration and other damage.
4. Apply grease packing or lubricating oil to all bearing and similar items.
5. Tag or mark each item as identified in the delivery schedule or on the shop
drawings. Package or bundle items consisting of multiple similar pieces. Tag or
mark the package or bundle.
6. Include complete packing lists or bills of material with each shipment.
7. Do not ship equipment requiring cranes or special equipment for unloading or
handling without notice or until Contractor is prepared to receive and care for it
properly.
8. Protect electrical equipment, controls and insulation from moisture or water damage.
B. Store products in accordance with manufacturer's instructions, with seals and labels intact
and legible.
1. Store products subject to damage by the elements in weathertight enclosures.
2. Maintain temperature and humidity within the ranges required by manufacturer's
instructions.
C. Exterior Storage:
1. Store fabricated products above the ground on blocking or skids. Prevent soiling or
staining. Cover products which are subject to deterioration with impervious sheet
coverings. Provide adequate ventilation to avoid condensation.
2. Store wood and wood products above the ground on blocking or skids, and cover to
protect from weather exposure.
D. Arrange storage in a manner to provide easy access for inspection. Make periodic
inspections of stored products to assure that products are maintained under specified
conditions and free from damage or deterioration.
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E. Protection after Installation:
1. Protect materials, fixtures and equipment with original protective wrappings until
Substantial Completion of the project, as specified in individual Sections, to include
but not be limited to:
a. Factory -finished wood doors.
b. Custom cabinetry and casework.
C. Toilet and bath fixtures and faucets.
d. Finish hardware items.
2. Provide substantial coverings as necessary to protect installed products from
damage from traffic and subsequent construction operations. Remove when no
longer needed.
1.05 SUBSTITUTIONS AND PRODUCT OPTIONS
A. Products List:
1. Within thirty (30) days after Award of Contract, submit to Owner a complete list of
major products proposed to be used with the name of the manufacturer and the
installing Subcontractor.
B. Contractor's Options:
1. For products specified only by reference standard, select any product meeting that
standard.
2. For products specified by naming several products or manufacturers, select any one
of the products or manufacturers named which complies with the specifications.
3. For products specified by naming one or more products or manufacturers and "or
equal", Contractor shall submit a request for substitutions of any product or
manufacturer not specifically named.
4. Manufacturer's material or equipment listed in Schedules, Specifications or on the
Drawings are types to be provided for establishment of size, capacity, grade and
quality. If other acceptable manufacturers are used, cost of any change in construc-
tion required by their use shall be borne by the Contractor.
C. Contractor shall use any approved equal material or equipment at no additional cost to the
Owner if the material or equipment used in his Bid is unavailable or causes undue delay in
fabrication or delivery.
PART 2 PRODUCTS
2.01 MATERIALS
A. General: Use materials of commercial quality suitable for the anticipated service conditions.
B. All materials and equipment to be installed in the permanent construction shall be new,
unless otherwise permitted.
C. Unless required otherwise, use components of standard sizes to assure future availability
and permit field installation of repair parts. Make like parts of duplicate units
interchangeable.
D. Contractor to provide a Certificate of Material for all building materials that apply to this
Project.
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2.02 FABRICATION AND MANUFACTURE
A. Workmanship and Materials: Design, fabricate and assemble equipment in accordance with
the best engineering and shop practice.
B. Lubrication:
1. Include lubrication systems which do not waste lubricants, require attention during
startup or shutdown or more frequently than weekly during normal operation.
2. Furnish sufficient lubricants of the type recommended by the equipment
manufacturer to fill lubricant reservoirs and replace consumption during startup,
testing and operation prior to the Owner's acceptance of the equipment.
C. Drive Units: Refer to Division 15, Mechanical, and/or Division 16, Electrical.
D. Anchor Bolts:
1. Furnish with each piece of equipment required to be anchored.
2. Minimum Diameter: 3/4", or as indicated on the Drawings.
3. Minimum Length: Provide for required embedment in structural concrete and extend
through concrete base, 1-112" of grout, base plate and nuts. Concrete base will be
4" thick, unless otherwise indicated.
4. Include two (2) nuts with each bolt.
5. Deliver anchor bolts with templates or setting drawings in time for installation when
structural concrete is placed.
E. Equipment Bases:
1. Include a cast iron or welded base plate with each pump, compressor and similar
equipment installed on concrete base, if applicable.
2. Design to support both the driven unit and its drive assembly on a single base plate.
3. Support all equipment to be set on floor with 4" minimum concrete base.
4. Include grout holes and provisions for anchor bolts.
5. Include raised lip all around and a threaded drain connection with base plates for
pumps.
F. Special Tools and Accessories:
1. Furnish all special tools, instruments and accessories required for proper mainte-
nance.
2. Furnish such special devices as are required for proper lifting and handling.
G. Shop Painting: Refer to Section 09900, Painting.
1. Protect iron and steel surfaces with paint or other protective coating applied in the
shop.
2. Use coating good for anticipated useful life of equipment on surfaces inaccessible
after assembly.
3. Finish exposed surfaces smooth, clean and filled to obtain uniform base for paint.
4. Apply one (1) or more shop coats of a primer capable of protecting surfaces to
receive finish paint coats after installation.
5. Apply finish coats in the shop with a high-grade oil -resistant enamel on electric
motors, speed reducers, starters and other self-contained or enclosed components.
6. Do not paint machined, polished or non-ferrous surfaces. Coat such surfaces with
rust -preventive compound, Houghton Rust Veto 334, Rust-Oleum R-9 or equal.
PART 3 EXECUTION
3.01 INSTALLATION
A. Install equipment with or under the guidance of qualified personnel having the knowledge
and experience necessary for proper results.
B. Arrange work to facilitate maintenance, repair or replacement of equipment. Locate
services requiring maintenance on valves and similar units in front of services requiring less
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maintenance. Connect equipment for ease of disconnecting, with minimum of interference
with other work.
C. Locate operating and control equipment, dampers, valves, traps, clean -outs, motors,
controllers, switchgears, drain points, maintenance items and devices for easy access.
Install access panels where units are concealed by finished and similar work.
D. Provide required clearances in front of, and around, equipment as necessary for access and
ventilation. Comply with all applicable codes and regulations.
3.02 PLACING EQUIPMENT IN OPERATION
A. Before starting up each system:
1. Check each piece of equipment for proper drive rotation, belt tension and any other
condition which may cause damage to equipment or endanger personnel.
2. Clean, blow-out or flush lubricating oil, water systems and other pipelines.
3. Lubricate equipment in accordance with manufacturer's recommendations.
4. Test lubrication system safety interlocks and system performance.
5. Perform final alignment checks under observation of the Owner's principal
representative and, where required, manufacturer's field representative.
6. Demonstrate that no abnormal stresses are transmitted to equipment from piping,
ducts or other attachments.
7. Check anchor bolt tensions, grout and shims. Use calibrated torque wrenches for
tightening anchor bolts. Do not overstress bolts.
B. Place equipment into successful operation in accordance with the written instructions of the
manufacturer or the instruction of the manufacturer's field representative, including required
adjustment, tests and operation checks.
3.03 PERFORMANCE TESTS
A. Tests may be required, whether or not specifically called for, to determine if equipment will
perform as specified or guaranteed. Final acceptance of equipment, or Substantial
Completion of that part of the work, is contingent upon acceptable test results.
B. Do not conduct tests on equipment for which manufacturer's field service is specified,
unless manufacturer's field representative is present and declares the equipment ready for
test.
C. Conduct tests as set forth in the Specifications, unless another manner is approved.
D. Equipment or systems that fail to satisfy the performance requirements shall be modified or
replaced at Owner/Engineer's option. If modifications are allowed, make modifications
necessary to produce an installation which will satisfy the performance requirements.
Retest after modifications or equipment replacement is complete. Modifications, additional
equipment, retesting and structural, piping or electrical modifications necessary to
accommodate modified equipment or replacement equipment shall be made at no additional
cost.
END OF SECTION
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SECTION 01700
CONTRACT CLOSE-OUT
PART1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Comply with requirements stated in Conditions of the Contract and in Specifications for
administrative procedures in closing out the work.
B. Related requirements specified elsewhere:
1. Conditions of the Contract: Fiscal provisions, legal submittals and additional
administrative requirements.
2. Section 01026, Applications for Payment: Requirements for final payment.
3. Section 01050, Field Engineering: Surveying certificate and final completion survey.
4. Section 01310, Construction Schedules.
5. Section 01600, Material and Equipment: Maintenance materials.
6. Section 01710, Cleaning.
7. Section 01720, Project Record Documents.
8. Section 01730, Operating and Maintenance Data.
9. Section 01740, Warranties and Bonds.
10. Respective Sections of Specifications: Testing requirements and closeout submit-
tals required of specific trades or subcontractors.
1.02 SUBSTANTIAL COMPLETION
A. Definition of Substantial Completion: Refer to General and Supplementary Conditions of the
Contract.
B. When Contractor considers that the work is substantially complete, he shall submit to the
Owner:
1. Written notice that the work or designated portion thereof is substantially complete.
2. "Punch list" of items to be completed or corrected, as determined by the Contractor
prior to inspection by the Owner.
3. Temporary Certificate of Occupancy, or other evidence of acceptance by the
building official or other authority with jurisdiction over the project.
C. Within a reasonable time after receipt of such notice, Owner will make an inspection to
determine the status of completion.
D. Should Owner and/or Architect determine that the work is not substantially complete:
1. Owner/Architec will promptly notify the Contractor in writing, giving the reasons
therefor.
2. Contractor shall remedy the deficiencies in the work and send a second written
notice of substantial completion to the Owner.
3. Owner or Architect will re -inspect the work, as appropriate.
E. When Owner concurs that the work is substantially complete, he will:
1. Prepare a Certificate of Substantial Completion on Owner -provided form, accompa-
nied by Contractor's list of items to be completed or corrected as verified and
amended by the Owner.
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SECTION 00600
BONDS AND CERTIFICATES
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650 Lien Waiver Release (CONTRACTOR)
00660 Consent of Surety
00670 Application for Exemption Certificate
2. Submit the Certificate to the Owner and Contractor for their written acceptance of
the responsibilities assigned to them in the Certificate.
1.03 FINAL INSPECTION
A. When Contractor considers the work is complete, he shall submit written certification that:
1. Contract Documents have been reviewed, and that the work has been inspected for
compliance with Contract Documents.
2. Work has been completed in accordance with Contract Documents.
3. Corrective or incomplete work has been completed from "punch lists" provided at
Substantial Completion.
4. Equipment and systems have been tested in the presence of the Owner's
representative and are operational.
5. Final cleaning has been completed and project is ready for final inspection.
6. Final Certificate of Occupancy has been issued.
B. Owner will make an inspection to verify the status of completion with reasonable
promptness after receipt of such certification.
C. Should Owner consider that the work is incomplete or defective:
1. Owner or Engineer will promptly notify the Contractor in writing, listing the
incomplete or defective work.
2. Contractor shall take immediate steps to remedy the stated deficiencies and send a
second written certification to Owner that the work is complete.
3. Owner or Engineer will reinspect the work, as appropriate.
D. When the Owner finds that the work is acceptable under the Contract Documents, he shall
request the Contractor to prepare and deliver closeout submittals.
E. Should Engineer perform reinspection due to failure of the work to comply with the claims of
status of either Substantial or Final Completion made by the Contractor:
1. Owner will compensate Engineer for such additional services by change order to the
A/E Agreement.
2. Owner will deduct the amount of such compensation from the final payment due the
Contractor.
1.04 SYSTEMS TESTING
A. Contractor shall conduct tests for operational systems and equipment as specified herein or
as required by individual Sections, prior to Final Inspection. Testing of systems or
equipment shall include but not be limited to:
1. Drainage and weathertightness of roofing systems.
2. Domestic water service, natural gas or other pressurized utilities.
1.05 CONTRACTOR'S CLOSE-OUT SUBMITTALS
A. Evidence of compliance with requirements of governing authorities:
1. Certificate of Occupancy.
2. Certificates of Inspection, including plumbing, mechanical and electrical systems.
B. Final Completion Schedule: Refer to Section 01310.
C. Project Record Documents: Refer to Section 01720.
D. Operating and Maintenance Data, Instructions to Owner's Personnel: Refer to Section
01730.
E. Warranties and Bonds: Refer to Section 01740.
F. Evidence of Payment and Release of Liens: General and Supplementary Conditions.
G. Test Results: Written approval from the testing agency for systems or equipment requiring
final testing, as specified above.
H. Certifications: Written certifications of material or equipment compliance, as required by
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Colorado Department of Transportation.
1.06 FINAL ADJUSTMENT OF ACCOUNTS
A. Submit a final statement of accounting to the Owner. Statement shall reflect all adjustments
to the Contract Sum:
1. The original Contract Sum, including accepted Bid Alternates.
2. Additions and deductions resulting from:
a. Previous Change Orders.
b. Allowances.
C. Unit prices.
d. Deductions for uncorrected work.
e. Penalties and bonuses.
f. Deductions for liquidated damages.
g. Deductions for reinspection payments.
h. Other adjustments.
3. Total Contract Sum, as adjusted.
4. Previous payments.
5. Sum remaining due, including retainage.
B. Contractor will prepare a final Change Order reflecting approved adjustments to the
Contract Sum which were not previously made by Change Orders.
1.07 FINAL APPLICATION FOR PAYMENT
A. Contractor shall submit the final Application for Payment in accordance with procedures and
requirements stated in the Conditions of the Contract and Section 01026, Applications for
Payment.
END OF SECTION
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SECTION 01710
CLEANING
PART1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Execute cleaning during progress of the work and at completion of the work.
B. Furnish, maintain and service trash removal dumpsters and/or roll -offs.
C. Furnish, maintain and service recycling containers for construction materials, packaging and
waste products.
D. Related requirements specified elsewhere:
1. Conditions of the Contract.
2. Respective Sections of Specifications: Cleaning for specific products or work.
1.02 DISPOSAL REQUIREMENTS
A. Conduct cleaning and disposal operations to comply with applicable codes, ordinances,
regulations and anti -pollution laws.
B. Disposal of waste materials, debris and rubbish shall be at a commercially -operated
recycling center, legal dumpsite or landfill.
1. Contractor shall be responsible for all dump fees and expenses associated with
hauling materials to the landfill.
PART 2 PRODUCTS
2.01 CLEANING MATERIALS
A. Use only those cleaning materials which will not create hazards to health or property and
which will not damage surfaces.
B. Use only those cleaning materials and methods recommended by manufacturers of the
surface material to be cleaned.
C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer.
2.02 WASTE REMOVAL CONTAINERS
A. Furnish and maintain recycling, trash and waste removal dumpsters and/or roll -off
dumpsters for the collection of waste materials, debris and rubbish, in quantities sufficient
for the Work.
1. Dumpsters shall be provided with tightly fitted covers to prevent debris from being
blown out.
2. Roll -offs shall not be required to be covered, but shall be serviced frequently enough
to prevent debris from accumulating and being blown out.
3. Individual recycling containers shall be maintained for paper, corrugated cardboard,
and co -mingled containers for glass, plastic, aluminum and steel. General
contractor shall be responsible for ensuring proper separation of recycled materials
and delivery to acceptable recycling centers.
B. Location of roll -offs and trash dumpsters shall be as arranged at the Pre -Construction
Conference.
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PART 3 EXECUTION
3.01 PROGRESS CLEANING
A. Execute periodic cleaning to keep the work, the site and adjacent properties free from
accumulations of waste materials, rubbish and windblown debris resulting from construction
operations.
B. Maintain parking areas, access drives and city streets clean from mud and other debris.
C. Remove recycling, waste materials, debris and rubbish from the site periodically and
dispose of at legal commercial recycling centers, dump sites or landfills away from the site.
3.02 CLEANING PRIOR TO PAINTING
A. Clean interior spaces prior to the start of finish painting and continue cleaning on an as -
needed basis until painting is finished.
B. Schedule operations so that dust and other contaminants resulting from cleaning process
will not fall on wet or freshly finished surfaces.
C. Temporarily seal window and door openings prior to the start of finish painting to prevent
windblown dust and other particulates from impairing wet or freshly finished surfaces.
3.03 FINAL CLEANING
A. Final cleaning shall be performed by personnel or subcontractors skilled in this work.
B. In general, the extent of final cleaning shall be to remove grease, mastic and adhesives,
dust and dirt, stains, fingerprints, labels and other foreign materials from site -exposed
interior and exterior surfaces.
C. Interior cleaning shall include, but not be limited to:
1. Wash and polish glass, glazing and mirrors. Polish glossy surfaces to a clear shine.
2. Damp mop all wood floors.
3. Wipe down all finish carpentry, woodwork and cabinetwork.
4. Wipe down and polish toilet partitions, toilet and bath accessories, signage
components and other specialties.
5. Broom clean and dry vacuum all interior sealed concrete floor slabs to be left
exposed. Apply specified finish/sealer.
D. Exterior cleaning shall include, but not be limited to:
1. Wash and wipe down doors and frames.
2. Wash and polish glass and glazing.
E. Site cleaning shall include, but not be limited to:
1. Broom clean and wash down all areas of exterior concrete flatwork and asphalt
paving.
F. Ventilating Systems:
1. Clean permanent filters and replace disposable filters if units were operated during
construction.
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2. Clean ducts, blowers and coils if units were operated without filters during
construction.
G. Prior to final completion or Owner occupancy, Contractor shall conduct an inspection of the
site, all site -exposed interior and exterior surfaces and all work areas to verify that work of
the entire project is clean.
END OF SECTION
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SECTION 01720
PROJECT RECORD DOCUMENTS
PART1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Maintain at the site one (1) record copy of each of the following documents:
1. Drawings.
2. Addenda.
3. Change Orders and other modifications to the Contract.
4. Approved shop drawings, product data and samples.
5. Field test records.
B. Related requirements specified elsewhere:
1. Section 01340, Shop Drawings, Product Data and Samples.
2. Section 01410, Testing.
1.02 MAINTENANCE OF DOCUMENTS AND SAMPLES
A. Prior to beginning work, separate one (1) clean, complete set of project documents from
construction sets and hold for record document purposes. The Owner will not furnish
additional sets for the Contractor's use at the end of construction, unless compensated for
by the Contractor.
B. Store documents and samples in Contractor's field office apart from documents used for
construction. Provide files and rack for storage of documents.
C. Maintain documents in a clean, dry, legible condition and in good order. Do not use record
documents for construction purposes.
D. Make documents and samples available at all times for inspection by the Owner, Engineers
and Owner's representative.
1.03 RECORDING REQUIREMENTS
A. Record information concurrently with construction progress. Do not conceal any work until
required information is recorded.
B. Drawings shall be legibly marked to record actual construction:
1. Depths of various elements of foundation in relation to finished first floor datum.
2. Horizontal and vertical locations of underground utilities and appurtenances,
referenced to permanent surface locations.
3. Location of internal utilities and appurtenances concealed in the construction,
referenced to visible and accessible features of the structure.
4. Field changes of dimension and detail.
5. Changes made by field order or by Change Order.
6. Details not included in original Contract Documents.
C. Specifications and Addenda shall be legibly marked to record:
1. Manufacturer, trade name, catalog number and supplier of each product and item of
equipment actually installed.
2. Changes made by field order or by Change Order.
01720 - 1
0237.07
1.04 SUBMITTALS
A. At contract closeout, deliver all Record Documents to the Owner.
B. Accompany submittal with transmittal letter containing:
1. Date, project name and number.
2. Contractor's name and address.
3. Title and number of each Record Document.
4. Signature of Contractor or his authorized representative.
C. Submit one (1) copy of approved data in final form no later than fifteen (15) days after final
inspection or acceptance, but prior to applying for final payment.
D. As -Recorded Documents shall be submitted, reviewed and accepted by the Owner prior to
the Final Application for Payment being processed.
E. Architect shall prepare and furnish the Owner with one (1) set of reproducible Record
Documents in accordance with the Contract requirements.
END OF SECTION
01720 - 2
0237.07
SECTION 01730
OPERATING AND MAINTENANCE DATA
PART1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Compile product data and related information appropriate for Owner's maintenance and
operation of products furnished for this project.
1. Prepare operating and maintenance data as specified in this Section and as
referenced in other pertinent Sections of the Specifications.
B. Instruct Owner's personnel in maintenance of products and in operation of equipment and
systems.
C. Related requirements specified elsewhere:
1. Section 01060, Regulatory Requirements.
2. Section 01340, Shop Drawings, Product Data and Samples.
3. Section 01700, Contract Close -Out.
4. Section 01720, Project Record Documents.
5. Section 01740, Warranties and Bonds.
6. Division 15, Mechanical, and Division 16, Electrical.
1.02 SUBMITTAL REQUIREMENTS
A.
Prepare data in form of an instructional manual for use by Owner's personnel.
B.
Format of Submittals:
1.
Size: 8-1/2" x 11".
2.
Paper: Manufacturer's printed data or neatly typewritten.
3.
Drawings:
a.
Provide reinforced punched binder tab, bind in with text.
b.
Fold larger drawings to size of text pages.
4.
Provide fly leaf for each separate product or each piece of operating equipment.
a.
Provide typed description of product and major component parts of equipment.
b.
Provide indexed tabs.
5.
Cover: Identify each volume with typed or printed title "OPERATING AND
MAINTENANCE INSTRUCTIONS". List the following:
a.
Title of project.
b.
Identity of separate structure as applicable.
C.
Identity of general subject matter covered in the manual.
C.
Binders:
1.
Commercial quality three-ring binders with durable and cleanable plastic covers, ring
size as required.
2.
When multiple binders are used, correlate the data into related, consistent
groupings.
D.
Number of Manuals Required: Three (3) copies of each complete manual, including all
general information and plumbing, mechanical, electrical and fire sprinkler sections.
01730 - 1
0237.07
1.03 CONTENT OF MANUAL
A. Neatly typewritten Table of Contents for each volume arranged in systematic order.
1. Contractor, name of responsible principal, address and telephone number.
2. List of each product required to be included, indexed to content of the volume.
3. List with each product, name, address and telephone number of:
a. Subcontractor or installer.
b. Maintenance contractor as appropriate.
C. Identify the area of responsibility of each.
d. Local source of supply for parts and replacement.
4. Identify each product by product name and other identifying symbols as set forth in
Contract Documents.
B. Product Data:
1. Include only those sheets which are pertinent to the specific product.
2. Note each sheet to:
a. Clearly identify specific product or part installed.
b. Clearly identify data applicable to installation.
C. Delete references to inapplicable information.
C. Drawings:
1. Supplement product data with drawings as necessary to clearly illustrate:
a. Relations of component parts of equipment and systems.
b. Control and flow diagrams.
2. Coordinate drawings with information in Project Record Documents to assure
correct illustration of completed installation. Do not use Record Documents as
maintenance drawings.
D. Written text as required to supplement product data for the particular installation:
1. Organize in consistent format under separate headings for different procedures.
2. Provide logical sequence of instruction for each procedure.
E. Copy of each warranty, bond and service contract issued indicating:
1. Proper procedures in the event of failure.
2. Instances which might affect validity of warranties or bonds.
F. Copy of Material Safety Data Sheets (MSDS) for each product or material.
1.04 MANUALS FOR PLUMBING, MECHANICAL AND ELECTRICAL SYSTEMS
A. Content for each unit of equipment and system as appropriate:
1. Description of unit and component parts.
2. Operating Procedures:
a. Start-up, break-in, routine and normal operating instructions.
b. Regulation, control, stopping, shutdown and emergency instructions.
C. Summer and winter operating instructions.
d. Special operating instructions.
3. Maintenance Procedures:
a. Routine operations.
b. Guide to "troubleshooting".
C. Disassembly, repair and reassembly.
d. Alignment, adjusting and checking.
4. Servicing and lubrication schedule, with list of lubricants required.
5. Manufacturer's printed operating and maintenance instructions.
6. Description of sequence of operation by control manufacturer.
01730 - 2
0237.07
7. Original manufacturer's parts list, illustrations, assembly drawings and diagrams
required for maintenance.
8. As -installed control diagrams by control manufacturer.
9. As -installed color -coded piping diagrams.
10. Charts of valve tag numbers with location and function of each valve.
11, List of original manufacturer's spare parts, manufacturer's current prices and
recommended quantities to be maintained in storage.
12. Other data as required under pertinent Sections of Specifications.
B. Content for each electric and electronic system as appropriate:
1. Description of system and component parts.
a. Function, normal operating characteristics and limiting conditions.
b. Engineering data and tests.
C. Complete nomenclature and commercial number of replaceable parts.
2. Circuit directories of panelboards.
a. Electrical service.
b. Controls.
C. Communications.
3. As -installed color -coded wiring diagrams.
4. Operating Procedures:
a. Routine and normal operating instructions.
b. Sequences required.
C. Special operating instructions.
5. Maintenance Procedures:
a. Routine operations.
b. Guide to "troubleshooting".
C. Disassembly, repair and reassembly.
d. Adjustment and checking.
6. Manufacturer's printed operating and maintenance instructions.
7. List of original manufacturer's spare parts, manufacturer's current prices and
recommended quantities to be maintained in storage.
8. Other data as required under pertinent Sections of Specifications.
C. Prepare and include additional data when the need for such data becomes apparent during
instruction of Owner's personnel.
1.05 SUBMITTAL SCHEDULE
A. Submit specified number of copies of approved data in final form no later than fifteen (15)
days after final inspection or acceptance, but prior to applying for final payment.
B. Operating and maintenance manuals shall be submitted, reviewed and accepted by the
Owner prior to the Final Application for Payment being processed
1.06 INSTRUCTION OF OWNER'S PERSONNEL
A. Prior to final inspection or acceptance, fully instruct Owner's designated operating and
maintenance personnel in operation, adjustment and maintenance of products, equipment
and systems.
B. Operating and maintenance manual shall constitute the basis of instruction.
C. Review contents of manual with personnel in full detail to explain all aspects of operations
and maintenance.
END OF SECTION
01730 - 3
0237.07
SECTION 00610
PERFORMANCE BOND
Bond No. 19SB104766702BCM
KNOW ALL MEN BY THESE PRESENTS: that
(Firm) Front Range Roofing Systems, LLC
(Address) 222 13`h Avenue, Greeley, CO 80631
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as
the "Principal" and
(Firm) Travelers Casualty and Surety Company of America
(Address) One Tower Square, Hartford, CT 06183
hereinafter referred to as "the Surety", are held and firmly bound unto The
City of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a
(Municipal Corporation) hereinafter referred to as the "OWNER", in the penal
sum of Eighty Three Thousand Nine Hundred Eight Five and 00/100 Dollars
($83,985.00) in lawful money of the United States, for the payment of which
sum well and truly to be made, we bind ourselves, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered
into a certain Agreement with the OWNER, dated the 18TH day of SEPTEMBER,2006,
a copy of which is hereto attached and made a part hereof for the performance
of The City of Fort Collins project, EPIC Roof Replacement (partial).
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its
duties, all the undertakings, covenants, terms, conditions and agreements of
said Agreement during the original term thereof, and any extensions thereof
which may be granted by the OWNER, with or without Notice to the Surety and
during the life of the guaranty period, and if the Principal shall satisfy all
claims and demands incurred under such Agreement, and shall fully indemnify
and save harmless the OWNER from all cost and damages which it may suffer by
reason of failure to do so, and shall reimburse and repay the OWNER all outlay
and expense which the OWNER may incur in making good any default then this
obligation shall be void; otherwise to remain in full force and effect.
7/96 Section 00610 Page 1
SECTION 01740
WARRANTIES AND BONDS
PART1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Contractor shall compile specified warranties and bonds and specified service and
maintenance contracts.
B. Review submittals to verify compliance with Contract Documents.
C. Submit to Architect for review and transmittal to Owner.
D. Related requirements specified elsewhere:
1. Instructions to Bidders: Bid or Proposal Bond.
2. Conditions of the Contract: Performance Bond and Labor and Material Payment
Bond.
3. Conditions of the Contract: General Warranty of Construction.
4. Section 01700, Contract Close -Out.
5. Section 01730, Operating and Maintenance Data.
6. Respective Sections of Specifications which specify the product.
1.02 SUBMITTAL REQUIREMENTS
A. General: Submit warranties, bonds and service and maintenance contracts as specified in
respective Sections of Specifications.
1. Unless otherwise indicated, all warranties shall be written in the Owner's name, and
shall be transferable to future Owner(s) for the duration of the warranty period.
B. Assemble warranties, bonds and service and maintenance contracts, executed by each of
the respective manufacturers, suppliers and subcontractors, bound with operating and
maintenance data. Manuals are specified in Section 01730.
C. Number of original signed copies required: Three (3) each, or as required by number of
manuals specified in Section 01730.
D. Table of Contents: Neatly typed in orderly sequence. Provide complete information for
each item.
1. Product or work item.
2. Firm with name of principal, address and telephone number.
3. Scope of warranty, bond or service and maintenance contract.
4. Date of beginning of warranty, bond or service and maintenance contract.
5. Duration of warranty, bond or service and maintenance contract.
6. Provide information for Owner's personnel:
a. Proper procedure in case of failure.
b. Conditions which might affect the validity of warranty or bond.
7. Contractor, name of responsible principal, address and telephone number.
E. Format of Submittals:
1. Format: Prepare in duplicate packets.
2. Size: 8-1/2" x 11" punched sheets for standard three-ring binder. Fold larger sheets
to fit into binders.
01740 - 1
0237.07
1.03 SCHEDULE OF SUBMITTALS
A. Submit documents within twenty-five (25) days after inspection and acceptance for
equipment or component parts of equipment put into service during progress of
construction.
B. Otherwise make submittals within twenty-five (25) days after date of Substantial Completion,
prior to final request for payment.
C. For items of work where acceptance is delayed materially beyond date of Substantial
Completion, provide updated submittal within ten (10) days after acceptance, listing date of
acceptance as start of warranty period.
1.04 REQUIRED WARRANTIES AND BONDS
A. Bid or Proposal Bond: Refer to Instructions to Bidders.
B. Performance Bond: Refer to Conditions of the Contract.
C. Labor and Material Payment Bond: Refer to Conditions of the Contract.
D. General Warranty of Construction: Refer to Conditions of the Contract. Unless modified
elsewhere, General Contractor shall warrant workmanship for a period of two (2) calendar
years from the date of Substantial Completion and shall warrant all construction materials
for a period of twenty (20) years from the date of Substantial Completion.
E. Warranties: Provide required warranties for products, materials and equipment covering
defects in materials and workmanship for the time duration(s) specified in individual
Sections. Where no specific warranty is mentioned, provide warranty coverages normally
provided by the manufacturer for that product.
1. Unless otherwise indicated, all warranties shall be written in the Owner's name.
2. All warranties shall be transferable to future Owner(s) for the duration of the
warranty period.
F. Provide warranties and/or bonds for all products and services specified in the Drawings.
F. Optional Bond(s): The Contractor shall retain the right to require Performance and/or Labor
and Material Payment Bonds from any or all of his/her Subcontractors.
G. Maintenance Agreements: None required. However, all Contractors and Subcontractors
shall be required to make service calls as requested by the Owner throughout the two-year
general warranty period, at no additional expense to the Owner.
END OF SECTION
01740 - 2
0237.07
EPIC CENTER - 1801 RIVERSIDE, FT. COLLINS, CO
SCALE N.T.S. NO
-
EPIC ROOF PLAN VIEW SHEET #1
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the
terms of the Agreement or to the Work to be performed thereunder or the
Specifications accompanying the same shall in any way affect its obligation on
this bond; and it does hereby waive notice of any such change, extension of
time, alteration or addition to the terms of the Agreement or to the Work or
to the Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the
CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim
may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact
business in the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts,
each one of which shall be deemed an original, this 29 day of September
20 06
IN PRESENCE OF: Front
(Corporate Seal)
IN PRESENCE OF:
IN PRESENCE OF:
Witness
(Surety Seal)
Roofing Systems, LLC
222 13t° Avenue, Greeley, CO 80631
(Address)
Other Partners
By:
By:
Surety
Tr v ers ty nd S rety Company of America
By:
Penn R. Burkard, Attorney -In -Fact
One Tower Square, Hartford, CT 06183
(Address)
NOTE: Date of Bond must not be prior to date of Agreement.
If CONTRACTOR is Partnership, all partners should execute Bond.
7/96 Section 00610 Page 2
SECTION 00615
PAYMENT BOND
Bond No. 19SB104766702B04
KNOW ALL MEN BY THESE PRESENTS: that
(Firm) Front Range Roofing Systems, LLC
(Address) 222 13th Avenue, Greeley, CO 80631
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as
the "Principal" and
(Firm) Travelers Casualty and Surety Company of America
(Address) One Tower Square, Hartford, CT 06183
hereinafter referred to as "the Surety", are held and firmly bound unto The
City of Fort Collins, 300 Laporte Ave., Fort Collins, Colorado 80522—c7
(Municipal Corporation) hereinafter referred to as the "OWNER"
SUIT Of Eighty Three Thousand Nine Hundred Eighty Five and 00/100 Dollars ($83,985.00)
in lawful money of the United States, for the payment of which sum well and
truly to be made, we bind ourselves, successors and assigns, jointly and
severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered
into a certain Agreement with the OWNER, dated the 18TH day of SEPTEMBER,
2006, a copy of which is hereto attached and made a part hereof for the
performance of The City of Fort Collins project, EPIC Roof Replacement
(partial).
NOW, THEREFORE, if the Principal shall make payment to all persons, firms,
subcontractors, and corporations furnishing materials for or performing labor
in the prosecution of the Work provided for in such Agreement and any
authorized extension or modification thereof, including all amounts due for
materials, lubricants, repairs on machinery, equipment and tools, consumed,
rented or used in connection with the construction of such work, and all
insurance premiums on said Work, and for all labor, performed in such Work
whether by subcontractor or otherwise, then this obligation shall be void;
otherwise to remain in full force and effect.
7/96 Section 00615 Page 1
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the
terms of the Agreement or to the Work to be performed thereunder or the
specifications accompanying the same shall in any way affect its obligation on
this bond; and it does hereby waive notice of any such change, extension of
time, alteration or addition to the terms of the Agreement or to the Work or
to the Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the
CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim
may be unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact
business in the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in three (3) counterparts,
each one of which shall be deemed an original, this 29 day of September
20 06.
Principa
IN PRESENCE OF: Front Ran, 4fing Systems, LLC
I
(Corporate Seal)
re"(Pftif
222 13t'' Street, Greeley, CO 80631
(Address)
IN PRESENCE OF: Other Partners
IN PRESENCE OF: Surety
rn—v-&rs C�su nd Suret Company of America
By:
Witness Penn . Burkard, Attorney -in -Fact
By:One Tower Square, Hartford, CT 06183
(Surety Seal) (Address)
NOTE: Date of Bond must not be prior to date of Agreement.
If CONTRACTOR is Partnership, all partners should execute Bond.
7/96 Section 00615 Page 2
ST PAUL POWER OF ATTORNEY
TRAVELERS Farmington Casualty Company St. Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
Attorney -In Fact No. 215673 Certificate No. 000430998
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duty organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"). and that
the Companies do hereby make, constitute and appoint
Connie K. Boston, Donald B. Martin, Chris S. Richmond, Darlene Krings, William C. Bensler, KellyT. Urwiller, Russell J. Michels, Debra S.
Morris, Diane F. Clementson, Valerie R. Partridge, and Penny R. Burkard
of the City of Greeley , State of Colorado , their true and lawful Auomey(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of, guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or peranri tt in arty aetions orprnceedings allowed by law.
17th
IN WITNESS WHEREOF, the Compan20 have caused this instrut" to be signed and th*—orporate seals to be hereto affixed, this
day of April
Farmington Casualty Company St. Paul Guardian Insurance Company
Fidelity and Guaranty InsuranceCompany St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance' Underwriters, Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
�PSUgr s�iarrt. 'yF1PE bb OFPM INfG pl �NSUgq Jp�FY 4ygq �W_ t'IW
1 r AaP 19Jri m� x F �;SEALio"1 i'iSBAL,i� m CONN. Bj WNa 9 Fn 7
s.'.,.
^I �
State of Connecticut
City of Hartford ss.
By:
9#41ge W ompson, srn Vic President
On this the 7ih day of April 2006 before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being
authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal. 11)
My Commission expires the 30th day of June, 2006. Marie C. Tetreaalt, Notary Public
58440-9-05 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
CONTRACT DOCUMENTS TABLE OF CONTENTS
Section
Pages
CONTRACT DOCUMENTS
00300 Bid
00300-1
00430 Schedule of Subcontractors
00430-1
00500 Agreement Forms
00500-1
00510 Notice of Award
00510-0
00520 Agreement
00520-1 - 00520-5
00530 Notice to Proceed
00530-1
00600 Bonds and Certificates
00600-1
00610 Performance Bond
00610-1 - 00610-2
00615 Payment Bond
00615-1 - 00615-2
00630 Certificate of Insurance
00630-1
00635 Certificate of Substantial Completion
00635-1
00640 Certificate of Final Acceptance
00640-1
00650 Lien Waiver Release(Contractor)
00650-1 - 00650-2
00660 Consent of Surety
00660-1
00670 Application for Exemption Certificate
00670-1 - 00670-2
CONDITIONS OF THE CONTRACT
00700 General Conditions
00700-1 - 00700-34
Exhibit GC -A
GC -Ai - GC-A2
00800 Supplementary Conditions
00800-1 - 00800-3
00900 Addenda, Modifications, and Payment
00900-1
00950 Contract Change Order
00950-1 - 00950-2
00960 Application for Payment
00960-1
00970 Construction Specification Instruction Forms
00970-1 - 00970-5
SPECIFICATIONS
DRAWING: EPIC Roof Plan View Sheet #1
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance.
7/96 Section 00630 Page 1
DATE
CERTIFICATE OF LIABILITY INSURANCE 10102/06DnYYr)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
149ood & Peterson Ins. Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
3. O. Box 578 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
` 4687 W. 18th Street
`Greeley, CO 80632 INSURERS AFFORDING COVERAGE NAIC N
NSURED INSURERA: Continental Western Group
Front Range Roofing Systems LLC INSURERB: Pinnacol Assurance
222 13th Avenue INSURER C:
Greeley, CO 80631 INSURER D:
INSURER E:
U V V rKAtuca
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
.TR
A
NSRE
PE OF INSURANCE
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR
X PD Ded: $5,000
POLICY NUMBER
CWP2564246
POL CY EFFECTIVE
DATE M DD/YY
05/01/06
POLICY EXPIRATION
DATE IMM1DDfYYI
05/01/07
LIMITS
EACH OCCURRENCE
E1000000
DAMAGE TO RENTED
PRE ISES
$1OO DUO
MED EXP (Any one person)
$5 0O0
PERSONAL & ADV INJURY
$1 000 000
GENERAL AGGREGATE
s2,000,000
PRODUCTS-COMP/OP AGG
$2000000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRO- F
POLICY X ECT LOC
A
.I
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIREDAUTOS
NON-OWNEDAUTOS
CWP2564246
05/01/06
05/01/07
COMBINED SINGLE LIMIT
(Ea accident)
$1,000,000
X
BODILY INJURY
(Per person)
$
BODILY INJURY
(Peraccident)
$
X
X
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
AUTO ONLY: AGG
$
$
A
B
B
EXCESS/UMBRELLA LIABILITY
X OCCUR CLAIMS MADE
DEDUCTIBLE
kX RETENTION $ 10000
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICERIMEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
CU2573577
1946560
1946560
05/01/06
06/01/05
06/01/06
05/01/07
06/01/06
06/01/07
EACH OCCURRENCE
$5 000 000
AGGREGATE
$5 00U 000
$
I WCTATU
X OR LIMIT OTH•
$
E.L. EACH ACCIDENT
$1,000,000
E.L. DISEASE - EA EMPLOYE
$1,000,000
E.L. DISEASE - POLICY LIMIT
$1,000,000
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Project: EPIC Roof Replacement
Certificate holder is named as Additional Insured, as their interest may
appear.
City of Fort Collins
P. O. BOX 580
Fort Collins, CO 80522
LD ANY OF THE ABOVE DESCRIBED POLICIES BE
THEREOF, THE ISSUING INSURE "IDEA
E THE CERTIFICATE HOL R NAMED T THE
iE NO BLIGATIQN OR LIABI ITY OF ANY KID D OF
.LED BEFORE THE EXPIRATION
11L 'i0_ DAYS WRITTEN
1T FAILURE TO SO ALL
INSURER, ITS GENTS R
-ACORD 25 (2001/08) 1 of 2 #S359741/M344685
1988
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS
(OWNER)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: EPIC Roof Replacement
(partial)
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE:
OWNER: City of Fort Collins
CONTRACTOR: Front Range Roofing Systems, LLC
CONTRACT DATE:
The Work performed under this contract has been inspected by authorized
representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or
specified part of the project, as indicated above) is hereby declared to be
substantially completed on the above date.
A tentative list of items to be completed or corrected is appended hereto.
This list may not be exhaustive, and the failure to include an item on it does
not alter the responsibility of the CONTRACTOR to complete all the Work in
accordance with the Contract Documents.
ENGINEER AUTHORIZED REPRESENTATIVE DATE
The CONTRACTOR accepts the above Certificate of Substantial Completion and
agrees to complete and correct the items on the tentative list within the time
indicated.
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, COLORADO By:
OWNER
REMARKS:
AUTHORIZED REPRESENTATIVE DATE
7/96 Section 00635 Page 1
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
20
TO: Front Range Roofing Systems, LLC
Gentlemen:
You are hereby notified that on the _ day of 20_, the City of
Fort Collins, Colorado, has accepted the Work completed by
for the City of Fort Collins project, EPIC Roof Replacement (partial).
A check is attached hereto in the amount of $
Payment for all Work done, subject to the terms of
which are dated
as Final
the Contract Documents
In conformance with the Contract Documents for this project, your obligations
and guarantees will continue for the specified time from the following
date:
Sincerely,
OWNER: City of Fort Collins
By:
Title:
ATTEST:
Title:
7/96 Section 00640 Page 1
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: (CONTRACTOR)
PROJECT: EPIC Roof Replacement (partial)
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
7/96 Section 00650 Page 1
OWNER or its officers, employees, agents or assigns arising out of the
project for all loss, damage and costs, including reasonable attorneys
fees, incurred as a result of such claims.
5. The parties acknowledge that the description of the project set forth
above constitutes and adequate description of the property and
improvements to which this Lien Waiver Release pertains. It is further
acknowledged that this Lien Waiver Release is for the benefit of and may
be relied upon by the OWNER, the lender, if any, and Surety on any labor
and material bonds for the project.
Signed this day of
CONTRACTOR
By:
Title:
ATTEST:
Secretary
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this
20 , by
Witness my hand and official seal.
My Commission Expires:
Notary Public
day of
20
7/96 Section 00650 Page 2
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado
(hereinafter referred to as the "OWNER")
CONTRACTOR: Front Range Roofing Systems, LLC
PROJECT: EPIC Roof Replacement (partial)
CONTRACT DATE:
In accordance with the provisions of the Contract between the OWNER and the
CONTRACTOR as indicated above, for
(Surety)
on bond of
hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final
Payment to the CONTRACTOR shall not relieve the Surety Company of any of its
obligations to the OWNER, as set forth in the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this
day of
(Surety Company)
By
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-
Fact.
7/96 Section 00660 Page 1
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
DR 0172 (12M) C
COLORADO DEPARTMENT OF REVENUE V
DEMlERCO6026, (303)232-2416 CONTRACTOR APPLICATION
FOR
EXEMPTION CERTIFICATE
Putsuantto Statute
Section 3M.114(1 xa)(XIX)
p0 NOT WRITE IN THIS SPACE
The exemption certificate for which you are applying trust be used only for the purpose of purchasing construction and building
materials for the exempt project described below. This exemption does not include or apply to the purchase or rental of equipment,
supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become part of the structure,
highway, road, street, or other public works owned and used by the exempt organization.
Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided
by law.
A separate certificate is required for each contract.
Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibillty of the prime
contractor toissue certiflcatestoeach ofthe subcontractors. (See reverse side).
FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED.
xtratio cmaA o. W ba asvgpd by
Period
0170-750 (999) $0.00
89 _
Trade name er, panner, a corporate name
Mailing address (City, zip)c
Person
E-Mail address Federal poye s en ca on Number:
tic smount foryour contract
$
1-aXNuMber Business telephone number:
Wonado wthl,o ng ix accou rwm ar
ame o exemp orgenaa on as show on contract):
amp organiza on s number
98 -
ress of exempt organization (Uilry, Stale,Zip)
Principal contact at exempt organmlion:
Principal contacts telephone number:
Physical oca on of project site give actual address Wen applicable an es and/or Counses)where project is located)
Scheduled Wrth J.y yeer EMen a ied on ay 7e7,
000aimobon elan dale: mmpletion dale:
is
t declare under penalty of Muryin the second degree that the statements made in this application are true and
complete to the best of my ImoWedge.
Signabire of owner, partner or corporate officer.
e o corpora e o cec
Date,
UV KVI VVKIIIt' bSCLVVV 11.115 LIIVI_
Section 00670 Page 1
Special Notice
Contractors who have completed this application in the past, please note the following changes in procedure
The Department will no longer issue individual Certificates of exem pfion to subcontractors. Only prime contrac-
tors will receive a Contractor's Exemption Certificate on exempt projects.
Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the
project and complete it by filling in the subcontractor's name and address and signing it.
The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the
prime contractor issued to subcontractors should be kept at the prime contractor's place of business for a
minimum of three years and be available for inspection i n the event of an audit.
Once an &W has been assigned to you, please use the next five numbers following it for any applications
submitted for future projects. This should be your permanent number. For Instance, if you were assigned 89-
12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeed-
ing numbers Wit be issued by the Department of Revenue. DO NOT enter what you believe to be the next in
sequence as this may delay processing of your application.
Section 00670 Page 2
SECTION 00700
GENERAL CONDITIONS
SECTION 0300
BID
GENERAL CONDITIONS
CONSTRUCTION CONTRACT
Thew GENERAL CONDMCNS have been develq3td by using the
STANDARD OhNERAL CONDITIONS OF THE CONSTRUCTION
CONTRACT prepared by the Engineers Joint Contract Documents
Committee, EXW No. 1910-9 (19% mtion), as a base. Charges to
that document are shown by underlining text that has been added and
striking through text that has been delotod.
FJCDC GFNEMAI. CONDITIONS 191 O. 8 (1990 EDITION)
%AqTff CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
Number & Tide
TABLE OF CONMNUS OF GFNER/Id, CONDITIONS
Page Article or Paragraph
Number NmnbnT & Title
DEFINTITUNS
[A
Addenda
1.2
Agreement,....._ ... ...............
j
13
Application for Payment ...... . ...
. ........
I A
Asbestos
1.5
Bid ......
16
Bidding Documents
1.7
Bidding Requirements,, ....................1
18
Bonds .................................................I
1.9
Change Ceder......._
.... .....
1.10
Contract Documents
1.11
CoettractPriolk ..... ... ..............
1.12
ContrauTimes., ....... ........... _
.......
L13
CONTRACTOR
1.14
defective .................. .................
j
1-15
Drawings...,....... .
. .... .j
1,16
UffectiveDate of the Agreement.
1
1.17
ENGINEER
1.18
ENGINERR's Consultant
1.19
field Order
1.20
General Requirements
L21
Hazardous Waste__ ............. . .
. ...... .2
1,22.2
Laws and Regulations; Laws or
Refit lstivns...................... .....
..... ..
1,22 b
Leo Hc4idays ...... .................
. . __2
1,23
Liens ....... .............
2
1.24
Mdxistone.
2
1.25
Notice of Award
__2
1.26
Notice to Proceed .................................2
1.27
OW!NEK
2
128
Partial utili?Ation
2
L29
I'm...
L30
Petroleum ......................_............._....2
1.31
Project _ . ....... ......... --- 111.
1..;
131R
Radioactive Material ...........................2
1,32b
Regular Working Rows ...... ..... .......
_2
133
Resident Prqjcct Representative,.,,,,,
....2
1.34
Samples_ ......... .........
. .,_..2
L35
Shop Drawings_ _ 1, 1 1
.." , 2
1.36
Specifications.....-,,._..........................2
1.37
Subcontractor..........................._,.....,.2
1,39
Substantial Completion .... . .....
1.39
Supplementary Conditiong .. ........
.......
1.40
Supplier__ .... .. ..... _ "._ .... ....
_2
1 Al
Underground Facilities, ,
2_3
1,42
Unit Price Work... ......
....... 3
1,43
Work
1.44
Work Change Directive_
_3
1,45
Written Amendment ..... .. ....
..
Page
Number
PRELMNARY NQJTERS
3
11
Delivery ol'Bonds ...............3
22
Cq)iUs of rxnumonts,
3
21
Commencement of ('011tract
Times; Notice to Proceed..,.....
3
4A
Starting the %xk ' ... ..... ..........
15-17
Before, Starting Coristruction-,
CONTIZACTOR's Responsibility
to Report, Preliminary Sche"cs,
Delivery of Certificates of
Insurance ............
34
18
Procanstruction Conference......._...
4
29
Initially Acceptable Schedules ......
4
CONTRACT DOCUhVN_T& KITNT,
AMENMNG,REUSE _ , __ _ .... _ . _, _,
4
31-12
lntent<
4
3.3
Reference to Standards and Speci-
fications of Technical Societies;
Reporting and Resolving Dis-
crepancies ................ .......
4-5
34
Intent of Certain Terms or
Adjective.................... .................
5
3.5
Amending Contract Dociments, ...
.... 5
3.6
Supplementing- Contmet
Document-,,,.,,......_ ...............
5
3,7
Rouse of Documents .......
S
AVAU.ABILITY OF LANDS,
SUBSURFACE ANn PHYSICAL CONDITIONS,
REFERENCE P0114TS, ............ ...... ......
_ .5
4.1
Availability of Lands ... ............
�.6
4.2
Subsurface and Physical
Conditions__ ............ ..
4,2.1
Reports and Drawings ......................6
4,22
Limited Reliance by CONTRAC-
TOR Authorized-, Technical
Data
4.23
Notice of Differing Subsurface
or Physical Conditions_ <..............
ci
4,14
FNGM.ERsRcvicw_,
4,25
Possible Contract Documents
Change,._._....._.._,..._.
6
4,16
Possible Price and Times
Adjustnronts_ . ....... , ,
,()-7
43
Physical Conditions. -Underground
Facilities .................... _11 ......
4,11
Shown or Indicated
4.3.2
Not Shown or Indicated. ..............7
4.4
Reference Points ".
F"X! GIONERAL COMA YJONN 1910 -9 (1991) FAA I -ION)
wi CITY Or, FORT COLLINS MODIFICATIONS W.,V,),199)
Article or Peragraph N84! Article or Paragraph page
Number & Title Number Number & Title Number
45
Asbestos, PCBs, Petroleum.
Hazardous Waste or
Radioactive Material
7-8
BONDS AND INSURANCE
8
5,1-5.2
Performance, Payment and Other
Bonds
5.3
Licensed Sureties and Insurers,
Certificates ofinsurance
8
54
CONTRACTOR's Liability
Insurance
9
5.5
OWNERs Liabd ity Insurance., . .....
...9
5-6
Property Insurance .......
3,7
Boiler and Machinery or Addi-
tional Property Insurance, _ , " . .....
_jo
5.8
Notice of Cancellation Provision
10
59
CONTRACTOR's Respowbility
for Deductible Amounts ........ ____
jo
5 11)
Other Special Insurance_ ....... __ ...
_10
5.11
Waiver of Rights. . .......... ............
5.12-5.13
Receipt and Application of
Insurance Proceeds .....................1041
5.14
Acceptance of Bonds and Insw.
once; Option to Replace ....................11
5.15
Partial Lhilization--Property
lnsurimce............. ...... __ .......
..... I
CONTRACTOR'S RESPONSIBILITIES
64 1 -&2
Supervision and StiWintondoricl .......
11
6.3-65
Labor, Materials and Equipment ...
11-12
6.6
Progress Schedule ..... ......... _ ___
j2
63
Substitutes and "Or -Equal" Items;
CONTRACTCWs ExTftse;
Substitute ConATUC6011
Methods or Proix4ures;
RNIGINBEWs Evaluation_ _12-13
64-6-11
Concerning Subcontractors,
Supphersand Others;
Waiver of Rights: ................. ......
)3-14
6,12
Patent Fees and Royalties ...........
_ ..... 14
6.13
Permits
__14
6.14
Laws and Regulations .. ....
.... J4
6.15
Taxes-_.._.._...__ .. ........ .......
14-15
6A6
Use of Premises_.._.._ ...
15
617
Site Cleariliness.
1 S
13.13
Safe Structural Loading .......
6A9
Record Doeximenti
J5
6.20
Safety and Protection._._,...
.15-16
6.21
Safety Representative
6.22
Hazard Communication Programl ....
16
6.2.1
Emergencies_, - ....... . ......
16
6,24
Shop Drawings and Sam ples ..............16
623
Submittal Proceedures, (,Y)N-
TRACTOR'S Review Pricir
to Shop Drawing or Sample
16
6.26
Shop Drawing & Sample Submit-
tals Review by ENGINEER_
_ 16-17
6,27
Responsibility for Variations
From Contract Documents
17
6,28
Related Work Performed Prior
to LNUIN LMR's Review and
Approval of acquired.
Submittals ...................
..... 17
6.29
Continuing the Work,_.................17
6.30
CONTRACTOR's General
Warranty and Guarantee...
_1 7
6.31 .633
Inderriftification,__.......
17,18
634
Survival of Obligations....................18
OTHER WORK
Ig
7.1-7.3
Related Work at Site
is
7A
Coordination,........__.__....__
... 18
OWNERS
RESPONSIBILITIES
8
81
Communications to CON-
TRACTOR
18
8.2
Replacement of ENGINEER .........
J8
8.3
Furnish Data andPay Promptly
When Due..................................18
8.4
Lands and Easements; Reports
and Tests
19-19
8,5
Insurance
8.6
Change Or(krs,, .... ... ......
.... 19
87
Inspections, Tests and
Approvals........................... .......
19
8,8
Stop or SuVeSrd Work;
Terminate CONTRA(-joR,s
Services..
19
8.9
Lunitations air OWNIRS
Responsibilides. ...... . _ . _ .
.....
810
Asbestos, PCBs, Petroleum.
Hazardous Waste or
Radioactive Material
19
8.11
Evidence of Financil
19
ENGLNEERS STATUS DLIRING
CONSTRU MION ... ......
_19
9A
OWNER's Representative .
19
9.2
. .......
Visits to Sile,
19
93
ProJect Repr"itative,
19.21
9A
....
Clarifications and Interpre-
tations - �
9.5
Authorized Variations in lWk, ,
21
KX'WX (.%NERAL ('OV)i rIONS 1910.1; tt99e LDI 11(j.14)
Wd CITY OF FORT COLLINS MODIMCAT]ONS (PXV 9,991
Article or Paragraph Page Article or Paragraph Page
Number & I itic. Number Number 41itic Number
9.6
Rejecting De-factive Worl< , ....... _
_ 'I
13,8-13 9
Uncovering Work at EN01-
9.7-9, 9
Shop Drawings, Change Orders
NIT, ERI s Re qu es; t ....... ........
27-28
and payments....................................21
13,10
OWNER May Stop the Work,. .
....... 2t
910
Determinstims for LlnitPrices—
21-2'
13AI
Correction or Removal of
9,11-9. 12
Decisions on Disputes; hN(JI-
Defoofive Work_ � ......
NEER as Initial Interpreter ...............22
13,12
Correction Period, .. .. ..... ..........
_ 28
913
Limitations on ENGINMR's
1113
Acceptance ot Doclive Work_,
_ 28
Authority and Rcsponsibilitics__22-23
13,14
0AVNER \May Correct Defective
Work
28.29
0 LANG H S IN TI Ir WORK
23
10.1
OWNFWs Ordered Change .....
23
14,
PAYMENTS
TO CONTRACTOR AN'D
10.2
Claim For Adjustment.. ........
13
CM4PLEI7I0N ....... — ......
10.3
Work Not Acquired by Contract
1* 1
Schedule of Values.,......_...............29
Documerits____ .......... ............
... 23
14.2
Application for Progress
10A
Change OftietA .... ....... ....... ......
23
payment ......... ... ......
29
10's
Notification of Surety..
23
143
CONTRACTOWs Warranty of
Title...........................................29
(II)NNOR OF
CONTRACT PRICE .....
. 23
14.4-14,1
Review of Applications for
11-1-11,3
Contract Price: Claim for
Progress payments .................
2w)30
Adjustment; Value of
14.8-14.9
Substantial Completion_..............30
the Work........_.....,_.........._....
. 23-24
14.10
partial Utilization ........... .. ......
30-31
11A
Cost of the Work ............. __ .........
44-25
14.11
Final Ituvectiort .............. ...........
_31
11,5
Exclusions to Cost of the Work ....
__.25
14.12
Final Application for Nyment_
...... 31
11,6
CONTRACTORs Fee ........................21
14,13-14.14 Final Paym ent and Acceptance,.,,,,,
31
i1.7
Coat ReM41-1 1-- 4— 11 . I I" 1-125-26
14,15
Waiver ofC Iaims ........ ...... —
_31-32
ILS
Cash Allowances ... ......... ...... __._16
IL9
Unit Price Work ... ..... ... .......
� 26
15,
SUSPENSION OF WORK AND
TER14NATION
.......... ..................................
32
CRANGE OF
CONTRACT IT&$ ............................26
15.1
OWNER May Susperid Work..
... 32
12-1
Claim for Adjustment.. . , _
I
�6
15.2-13.4
OWNER May Term inatc ... ...........
32
12.2
Time of the Essenc.q ................ .......26
15.5
CONTRACTOR May Stop
12.3
Delays Beyond CONMCTMs
Work or Terminate.................32.33
Control-- .... --- --- - ..... ...........
26-27
114
Delays Beyond OWNERs and
16.
DISPUTE RESOLUTION ..................................
33
CONTRACTORS Control ................27
17,
MISCELLANEOUS .......... ....... ..........
_33
TESTS AND INSPECTIONS; CORRECTION.
17.1
Giving Noticc___ ......................
_13
REMOVAL OR ACCEPTANCE OF
17.2
Computation of Times._._...............
33
DEFEC VE'WORK 71 ........... ........ ...
...... 27
17.3
Notice of Claim
3-
13'1
Notice of Defccts; ... ___ ...... ...........
„7
17A
Cum uNtive Romedic.s ....... ............
13
13.2
Access to the Work—..___._.,.__..._.27
17.5
Professional Fees and Court
133
Tests and Inspections;
Costs Included..._.
........ 13
CONTRACTORs Cooperation,,
2-7
17.6
Applicable State Laws__ .... ......
33-34
13.4
OIQN s Responsibilitim,
Intentionally left blank.......................................35
Independent Testing laboratory_
27
133
CONTRACTORs
EXI-MT 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
Lion. Testing at, Approval . .....
.17
16,7
Mediatim ... ...........................GC
-Al
EJKZX'CWWRAL C0rAXT1WN 1910-8 (1991) h[ATION)
Wt CITY Or FORT COUIM MODIFICATIONS (jtfiV M,)
INDFX TO CYT-MRAT, CONUTTONS
City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index
Article or Paragraph
Number
Acceptance of --
Bonds and livairaneq .............
..................... 5,14
defective Work .. . .... __ ...,..,...,gird
). 13--1, 13,11
finalpaymerit. , _, _ ......... . . ......
9.12, 14,15
insurance., _ .......... ____
.. ..5.14
other Work by CONTRACTOR ,
.....
_ _ . , , , , 73
Substitutes and 'Or -Equal Items,-..... s
.... ..... .. 671
Work by OWNTR ..............................:;.5,
6,30, 6,34
Access to the --
Lands, OWNER and COMRACTOR
responsibilities .... ....... .........
... ....
site. related Work .... ........
........ .... .. _72
Work. , . .. ....... - ............................13.2,
13.14, 14,9
Acts or Omissions—, Acts and Omissions
---
CONTRACTOR
9.133
IINGINEER
;620,9.133
OWNER,...._ ...... ...... ............
.. 0.20, 9.9
Addenda --definition of (also see
definition of Specifications) .......(1.6,1,10,6.19), 11
Additional Property Jn3ursn*e4.................................
5-7
Adjustments_
Contract Price or Contract
4 5 3,
9.4. 9.5, 101-10.4,
........
_ 11, 12, 14.8, 15.1
progress schedule....._ ....... __ ..
.. .... _ ..... . ..... :6,6
Agreement-.
definition of
),2
'Ali -Risk" Insurance, policy lloirm......................
_5.6,2
Allowances, Cash_
.... .. ... ll.s
..
Amending Contract Docunitnij., .....
..... . ....... 3.5
Amendment, Written --
in general.,,,., .. ... J. 10, 1.45,15,
642
........ 0 S-Z 6 19, 10, 1, 1 0A, 11.2
......... - 121, 13,12,2, 14.7,2
Appeal, OWNMR or CONTRACTOR
intent to,__ , ... ...... ....
9.11, 10.4, 16.2, 16.5
Application for Pavmont_
dermition of.,.,_,._.........
....... ...... .. 13
HNGINE.FRIs Respowgibility
.... __ ... ....... __ ....... _9,9
filial Payment .. ......
... 9,13 4, 9,13 5, 14 12-14 15
in general.... . ......... ..
2.8,2.9,5.6.4,9.10, 15.5
progress psynient,
review of
14A-14,7
Arhitranon ... .... .. .............
......16.1.16.6
Asbastos-
claims pursuant thereto.,
....... 4 5.2, 4 iA
CONTRACTOR authorized to stop Work, 4.5,2
definition oC
J.4
Article or Paragraph
Number
OWNERresponsiliflity for___ . . .......
... _ ,4,5-1, 8 10
possible price and tineen change...-._.._..........
Authorized Variations in World,, ....
_16, 6.25, 6.27, 9.5
Availability of Lands._
4, 1. V, 4
Award, Notice of -defined
'=5
Before Starting Cotral uction ..
.......... 2.5-2,8
Bid --definition of, 5
(1,1, 1,10, 13, 3.3,
_,4.2,6A, &13,11.43, 11.9.1)
Bidding Documents —definition
Of
J,6(6.8.2)
Bidding Requirements --definition
of ... ___ ...... ..........
_l, 7 (1.1, 4.2,62)
Bonds --
acceptance Of,..,, .........
.... ......... 5-14
additional
11.4.5.9
Cost of the Work....._.. .........._......._11.
5A
definition of
delivery ol:_ .............. .. .........
5.1
final Application for Payment..
_14.12-14.14
general .................................
1, 10, 5.1.5.3, 5,13,
M5,14.7.6
Performance, Payment and Othet___
........... .5,1-5.2
Bonds and Insuranoe--in general_ _ __
__
Builder's risk "all-risk" policy forin ..........
_ .., . . ...... __5
..... ....... 542
Cancellation Provisions, insurance ........
5AAL 5.8, 5.15
Cash Allowances
11.8
Certificate of Substantial Completion,.....
.1,38, 6.30.2.3,
" '"' , , * , * , "
... ....... 14.8,14 10
Certificates ofinspcctiM...... ............
9,13A. 115, 14.12
Certificates of Insurance, 2J,
5.3.5.411, 5- 4,11
9,13.4,14,12
Change in Contract Price --
Cash Allowances.
..... . I,g
claim for price,
adjustment............ 4,1, 4.2.6, 4,5, 3.15, 68.2, 9.4
. .1 - 9,5, 9,11, 10.2.
10.5. 11 2. 13.9,
.............. 13.
14, 143, 15. 1, 15,5
CONTRACTORS fee.... ..............
.........11.6
Cost of the Work
general,._,._..... . .. .
1,4-11,7
Exclusions to,_......._.._.. .. .......
11.5
Cost Records
11.7
in general..........._) 19, 1,44, 9,11.
10.4.2,10,4 3, 11
Lunip Sum Ricng..........................................11.3.2
Notification of Surety...._,__ . ........
..
Scope of .. ...... _ ___ ... ..... ... .
Testing and Iftspedian,
Uncovering the Work...._.._
..... .. jj. 9
KRW QIMItAL CXMITIONS 19104 (1990
Wf aTY Of FORT COLLM MODTIFICAITONS MTV 9(99)
Ltnit Price Work
Article or Paragraph
Number
Value of Work......-- ...... ......
-- .......
Change in Contract Times —
Claim for times adjustment ...
1, 4 2,6, 4 5, 5.15,
........ 6.8.2, 9.4, 9.3. 9.11, 101, 10.5, 12. 1,
..........119, 1113, 1314, 14.7, 15.1, 155
... ...liming.,.,....._
Contractual time limiLl ... ...... ..........
112
Delays beyond CONTRACTORS
control
Malays beyond 01AWERs and
CONTRACTOR's oontrol
___12A
Notification ofturety.............
......... ............ to's
Scopcofchange-, ........ .
... ... ....... 10.3-10A
Change Orders —
Acceptance ofDafective Work,
_ ........ ... 13-13
Amending Contract Documents...
........ ............... 3-5
Cash Allowances
11 8
Change of Contract f�lcc .........
_ .......................1 I
Change of Contract Times,._ ....
.. ..... * ... .... 12
Changes in the Work._._........._.
CONTRACTORs fee ........................................11.6
Cost of the Work.._ .......... — ........
............. 11.4,11,7
Cost Records
1.7
definition o(
emergencies,,,, .. ................... .........
. ............. 0.23
ENUMERs responsibility .. __9
8, 10.4, 11.2, 12,1
execution o(
JOA
Indamnifictiort ....... ........ _0,12, 6.16, 6.31-6,33
Insurance, Bonds and.. _ ......
13, 10.5
OWNER may terminate ....... — .............
15.2-13,4
01AMR's Responsibility ... ..........
$.6,10.4
Physical Conditions —
Subsurface and ..............................................4.2
Underground Facilities-,............................4.3.2
Record Doom ents .... .....................
_15. 19
SOON Of Change.. ......... —
........ .... 10.3-10.4
Substitutes ,.....__ .........
68.2
TJnit Price Work,_,....__ ...... _ .......................
11.9
value of Work, covered kv .................................11.3
...
Changes in the Work... _ . ....... .............
.. ..... .. Jo
Notification of surety..._.,,._._._.
lo,s
OWNERS and COINTRACTORs
responsibilities_ ............. ...............
1 0A
Right toan adjustment., ....... .........
___10.2
Scope of change ........................................1Q
3-10A
Claims —
against CONTRACTOR .......
against ENGINEER..... _......
_.....j&12
against OWNER ., 1 1-1-
-- - 632
Change of Contract Price ......................
9.4, 11.-2
Change ofCcritract Times.,,,
................ 9.4,12.1
CONTRACTOR's, . ...... ....
4, 7, 1 , 9A, 9,3, 9 11, 1 O. 2,
It 9,111, 13 9, 14,8,
- I _._15, 1, 15.5, 173
CONTRACTOR',q fee- 1.— 1111111 1 1111 ... 1-1. A 16
Article or Paragraph
Number
COIN'TRACTOWs liabilfty__ .... J, 4, 6,12, 6, 16, 6,31
Cost of the Work
111 4, 115
Decisions an Disputes...... _..............
9,11, 9.12
DisPutc Resolution....... . .. .. .. ... - ...
...... ....... - J6A
Dispute Resolution ikgreement .............
__16-1-16,6
ENGINEER as initial interprettir ..... .
Lamp Skim Pricing
Notice of . ... ..1,13
OWNEKs- ..................p.4, 9 5, 9 11,
10,2, 11.2, 1 i,q
139, 13.13,
13.14,17.3
OWNER's liability .....................................
........... j.5
OWNERmay refuse to make payment,.........
_14,7
Professional Fos and Court Costs
Included ' "' ' ' ' " ... . . ....
... 17-5
request for formal decision on .. ...........
...... ..... 9,11
Substitute Items
67-1-2
Time Extension
__121
Time requirements . ...... .... ...........
__q, 11, 12,1
Unit Price Work.,
- -- -
--- 11.9.3
Value
).1.3
Waiver of —on Final Payment ..... ............
14,14, 14.15
Work Change Directive...,....._.....* ... Iii-li,
—..1-10.2
written notice
IL2, 12.1
Clarifications and Interpretations,_ ...... ...
3.63, 9.4, 9,11
Clean Site ............... - .... ... ....... - ................_._6.17
Codes of Technical Society, Organization
or Association
Commencement of Contract Timcs.._
Communication!; --
general ... - ................. --- .........
6.2, 6,9.2, 8.1
Hazard Communication Programs,__
.........6.22
Completion --
Final Application for Payment ..........................14.12
Final Inspection,__ ..... ......
........ J4AI
Final Payment and Acceptance —
J 4.13-14, 14
Partial Utilization, ....... ... ........ .
..... ..... )4.10
Substantial Completion .... ..... ...
I .38, 14,8.14.9
Waive, Of Claims............................................
14,15
Computation of Times........... ...
... IT2,1-17-12
Concerning Subcontractors, Suppliers
and Others.._..._...... ... .......
6,8.6.11
Conterences—
initially acccptableschedules.. .... _ ..
....
preconitructiork... .............. ...... .........
2.8
Conflict, Error, Ambiguity. Discrepancy --
CONTRACTOR to Report..,.., ...
2-5, 3.3,2
Construction, befof c starting by
CONTRACTOR„_........_._...... .
2 5-17
Construction Machinery. Equipment, etc,
, _ , §A
Continuing the Work ............ ....... _ ..........
__.(7,29, 10A
Contract Documents —
Amending. ............. ...... .............
3
Bonds
RXIX: (*,�RAL CONDHIONS 1911).8 (199t EDITION)
Vvi CITY CA' FORT COLUM MODIFICAII ONS X- V 9091
Cash Allowances' .... 118
Micle cr Paragraph
Number
Change of Contract Price..................................
I I
Change of Contract Times- .. ..... .....
12
Changes in the Work- ........ .......... 10*10,5
check and verify .. .... .. ... ... .
.. ... 2.5
Clarifications and
Interpretations. ....... 3.2, 16, 9A, 9.11
defirution of , ,,, , " , "
. , A. to
4NGIMLER as initial interpreter of .,
? I I
h'NOINEER as OWNER',, rcpresentativc,
genet-813
frtsurance". ... ................. ...... ......................
i'li
Intent
minor variations in the Work. ....
3.6
OWNER's responsibility to Garnish data„.,,,_,...
... 8.3
OWNEWs responsibility to make
prompt payment .....
precedence . . ..... . . - ...............
33.13
Record Documents
0. 19
Reference to Standards and Specifications
of Technical Societies...................................3.3
Related Work .............__........,....._...................?.2
Reporting and Resolving Disorepanciej
...2.5, 33
Reuse of, . .........................
3,7
Supplera eating .. ....... ...... .....
3.6
Termination of ENGMERs Employment 8,2
Unit Price Work— .................. ....................
119
variations ......................................... 3.6,
6 23, 627
Visits to Site, ENGINEERs.
... 9.2
Contract Price —
adjustment of- ,,3.5, 4.1, 9A, 10.3, 11.2-11.3
Change ii(. ......... ..........
. . ... J I
Decision on Disputes, ...................
..... 9.11
definition
Contract Times --
adjustment of,.,.._ ......... - ...... 12
Change of... .... ........ ....... ............ ........
12,1-12.4
Commencement of .......
23
definition
CONTRACTOR,—
Acceptance of Insurance-
5,14
Communications—
6.9.2
Continue Work, ......... .....................
104
coordination and scheduling ...... ...... ... ........
0, 9,2
definition of...
A . 13
Limited Reliance on Technical
Data Authorized,--- .. ...............
May StLV Work or Tcrminatc. .... ...........
........ 13,5
provide site access to others .............. ........
12,11.1
Safety and Protection_.._ .... .... 4.3, 1. 2, 6.16, 6 18,
........... ......... 6.21-6,23, 7.2,13,2
Shop Drawing and Sample Review
Prior to Submittal.......,_.........
0, 25
Stop Work requirements.., .. .............. 4.5 2
C*ONTkA(3'OX!s--�
Article or Paragraph
Number
('01uponsatiori. 1 I 111.11 . . I.".
11.1-11.2
Continuing Obligation . ..... ... ............ .....
... 14,15
Vef4trve Work., ...... ................ ,9,6, 13.10-13.14
Duty to correct defectriv Work ...... .. ..........
13-11
Nty to Report --
Changes in the Work caused by
Emergency ...
62.3
Defects in Work of Others.
.......... 73
Differing conditions .....
Discrepancy in Docurnents .... 2.5, 3.3 2, 6,14.2
Underground Facilities not indicated,_
., . .... 43.2
Emergencies........... ............................... ......
.. 6.23
Equipment and Nfachinary Rental, Cost
of the Work .....
11.4.5.3
Fee --Cost Plus; .......... ........... 11.4.5 6,115.1,
11.6
General Warranty and Guarantec .......................6.30
Hazard Communication Prograiras
6.22
Indemnification,.-,.._._ - 6. 12, 6.16,
45,31-6.33
Inspection of the Work ..... ......... ... . ......
73, 13A
Labor, Materials and Equipment, ..................
6.3-6.5
Laws and Regulations, Compliance by ........
... .614,1
Liability Insurance ............. ....... .........
...... 5.4
Notice of Intent to Appeal,,
10.4
obligation to perform and complete
the Work ..........
Patent Fees and Royalties, paid for b}
Perfbirmanoc and Other Honda
5.1
in Perits, obtained and paid for b�, 1 1—, 1 ....fi.13
Progress Schedule . .... ...... .. .... . 2,6. 18, 2.9, 6.6,
...... i6.29,10.4,15.2.1
Request for formal 4ecutionon disputes„-,.,,,,,,,,,
Responsibilities—
Changes in the Work— ...
.10.1
Concerning Subcontractors, Suppliers
and Others
Continuing the Work— ......... .............
6.29,10.4
CONTRACTOR's expense ....
CONTRACTOFVs General Warranty
and Guarantee., ..... ... ....
CONTRACTOR s review Prior to Shop
Dravving or Sample Submittal .. ...........
Coordination of Work . ..... . ... . .. ..........
6,9.2
Emergencies ............................. 6.23
.........
ENGINTMRs evaluation. Substitutes
or 40r-Rqual" Items,, . .. ....
63.3
For Acts and Omissions
of Others—_ � .... . .. .... ... 0v 1-642, 9 13
for deductible amounts,ingurance,
general ...... 116, 7.2,
T 3, 8,9
Hazardous Communication Programs—
, ,, 6.22
(ndemnificatiort.......
631-6-33
B)C)C (IFNE'AAL C 0NIATIONS 1910-8 (1990 FIX110M7
wt CITY OF FORT COLLINS MODTFIC ATIONS IREV W99)
Labor, NUtenals and liquipmetA .... 03-6,5 (XMIT RACTORS--other ...... 7
Laws and Regulations 0.14 Contractual Liability Insurance., _5,4. 10
Liability Insurance, ..... ... .... 5A Contractual Time Lialits- 11212
Article of Paragiaph
Nurlib"
Notice of variation from Contract
Documents ., ......... .. ........ ...
6.27
Patent Fees and Royalties.. _........ ... .....
...... 6.12
Permits
6.13
Progress Schedule.
.6.6
Record Docum ents
related Work performed prior U)
ENGINEER's approval or required
subm Wars
ii 2S
safe structural loading ... ........ ...... . .......
_ 6.18
,Safety and Protection : ...... .. ......... 6.20. 7.2, 13.2
Safety Representative..,.._.......__ .....
... ..... 6.21
Scheduling the Work..................................6.9.2
Shop Drawings and Samples___ .....
_6.24
Shop Drawings and Samples Review
by ENGINEER ................... ........
___6.26
Site Cleanliness......_.._
6.17
Submittal Procedures .....
....... 6,25
Substitute Construction Mutho<b
and Procedures
&7.2
Substitutes and 'Or-Equgl' Items,, ......
....... 0.7,1
Superintendenci; ...... ___ ............ . __.
__;5.2
Supervision........... .... ........
... ....... 6A
Survival of Obligation ................................6.34
Taxes
�15
'rests and Inspoctions,_
13, 3
ToReport...................................................
2.5
Use of Prern iscA .... ........... 0.16-6.18, 6.30.2.4
Review Prior to Shop Drawing <w
SumPle Submittal,,,,,,,.,._.........._.11"......625
Right to adjustment for changes in the, Work..... M2
right to claim.,,,..,..,. 4,7.1, 9_4, 9.5, 9,11,
10.2,11.2,
. .... .. I t.9, 12.1, 13.9. 14.8, 15.1,
155, 173
Safety and Protection, ................. 6,20-6.22, 7.2, 112
Safety Representative . ........ ........ _ . .. .....
... ..6.21
Shop Drawings and Samples Submittal.__6.24428
Special Consultants. ... .........
_ 11 4A
Substitute Construction Methods and Procedures 6.7
Substitutes and "Or -Equal" Items,
Expense.,,.,_ ........ ...... ... ... ... _6.7.1, 6.7.2
Subcontractors, Suppliers and Others...,
,, 0,8-6. t I
Supervision and Superintendence .......... 6 1,
6.2, 6_11
Taxes. Payment by
1.15
UscofPremises._,
.6,16.6.18
Warranties and guarantees..........__.......
-0.5.630
Warranty ofTitle_ ___ , ., _ . ....... .
....... 14 3
Written Notice Required--
CON--MXC-rQP stop Work or termimue
Reports of Differing Subsurface
and physical Conditions_— .....
Substantial Conipletim
Al
Article or paragraph
Number
C,00rdinatiori
CONTRACTOR's responsibility,_ ....
.. .. f.9.2
Copies of Documents,
Correction Period
Correction, Removal or Acceptance
of Oefictive Work--
in general...._ ... ___ ..... .......... . 10.4,1,
13-10-13,14
Acceptance ofDejecfive Work_ . .. .................
13.13
Correction or Removal of
Defective Work,.........._..._...............6.30,
13.11
Corroction Period,, . ..... .........
. ..... j 3,12
OW'N%R May Correct Defirctrot Work .......
. _ 33.14
OWNTR May Stop Work .... ...........
...... 13.10
Cost --
of Tests and Inspections ........ ..... .............
13-4
Records 11.7
Cost of the Work --
Bonds and insurance, additional ...................11.4.59
Ca'all Discountsi ..............................................11.4.2
CONITRAG'TOICs Fee ... .... ............
___1 1.6
Employee Expenses, .......... _ .....
.... _,11A.5A
Exclusions to........._ ... ............. ........
...
Generaill 1*11.5
Home office and (Nerheiiii expenses ..............
__j 1.5
Losses and damages.....................................1
L4.5.6
Materials and equipment,... . 1, r - -1, 1 1. .
1. 1—— 11,41.2
Minor expenses ....................... .. .... . ........
11.4,5.8
Payroll costs on changes ....... .............
....... _j 1.4.1
performed by Subcontractors,__...,_......._.
11 4.3
Recordsil.7
Rentals of construction equipment
and machinery.- ........ . .....
11.4 53
Royalty payments, permits and
I iccuse few......................._...................1
L4.5.5
Site office and temporary facilities ., ..............
j 1, 4.5,2
Special Consultants, CONTRACTOR's .............1
L4 4
Supplemental .......... ... ..... . ...
1A.5
Taxes related to the Work
I 4,5.4
Tests and Inspection, .. ........... .... ..
.. . ....13.4
TradeDiscounis- . ... - ..... .. .........
-11 . 4.1
Utilities, fuel and sanitary facilities-,
j 145.7
Work after regular hours.................................1L4.1
Covering Work...
13.6-13,7
Cumulative Remedies
Cutting, fitting and patching ....... ........
.. ..... 7.2
Data, to be furnished by (,)WNk*P,,
.. .. ... $ . 3
.J7,2
Day --definition of
1
Decisions onDispat"............. . .........
.... 911,9,12
t*fective--definition of ...... .. ...... .. . .. .....
)A4
ckfectiw Work—
A,;ccp1unccof._
,10.4 1, 13,13
CONIXTIOM
3910.8 (195ni I-DITION)
wi CITY OF FORT COU.INS MOMICATIONSIVEN9i"
Correction or Removal of. __10A 1, 13,11
Correction Period, 13.12
in general,.. , _ ...... 14.7, 14,11
Article or Paragraph
-Number
Observation by hNGMbR__.
9,2
OWNER May Stop Work ...... ............. ...
___11R,
Prompt Notice of Defects_ ........... ..... .....
........ 13,1
Rejecting_ ..... .... ...... ... ..... .. .
9,t
triteoveriog the Work,,
13,8
Definitims
I
Delays . . ....... _ .................... _4 1, 6,29, 123-114
Delivery of Bonds._ ................._.. .... __ _ .....
...... _2,1
Delivery of certificates of irsurence,._ ... .... ....
__ .....2.I
Determinations for Unit Prices_ ..... ....... ............
_9.10
Differing Subsurface or Physical Conditions --
Notice of .
4.2.3
H NGINFERs Review ......................................
4 2.4
Possible Contract Documents Change..............
' 42,5
Possible Nice and Times Adjustments.,......,..,
4.2,6
Discrepancies -Reporting
and Resolving ......... ......... . .......... 2.5. 3.3.2,
6.1*2
Dispute Resolution-
Agrlicmcnt,. ............ _ ................... ......
J6.1-16.6
Arbitration
16.1-16,5
genersI16
Mediation., .... ........... ............ . ............
16.6
Dispute Resolution Agreement ......... ... ....... ....
16.1-2G_6
Disputes. Decisions by ENGINEER .......... .......
9.11-9.12
Dowments-
Copies of-- ...... ..
...... ...2.2
Record 6.19
Reuse of ... . ...
Drawings-dWini" of�
Easements................ ...... ........... .........
...... ...41 .
Effective date of Agreement definition
...... _J.16
Emergencies..,, .........................
...... 6,23
ENGINEER --
as initial interpreter on disputcs_".
definition of. .................
17
Limitations an authority and reiponsibitities
9.13
Replacement Of ........ ...... ... - .... ........
.. . .. _8.2
Resident Project Representative....._ , ..,
„ , __9.3
ENGINEER's Consultant -- definiticia of
18
ENIGINEERs-
authority and responsibility, limitations or) .... ... 9,13
Authorized Variations in the Way,,,,,,,,,,,,,
Charge Orders, responsibility for, 9.7,
10, 11, 12
Clarifications and Interpretations. _ ......
163, 9A
Decisions an Disputes ................. .......
defective Work, notice of,,, ......... _ "
__.13,1
Evaluation or Substitute Items...,,..
6,7,3
Liability' __ ................. _ ...... _ ..... ...........
.0-32,9,12
Notice Work is Acceptable___ - ......
.... _J4.13
Observations..._......_ ....... __ .........
6,302, 9.2
OWNRR!s Representative --
Payments to the CONTRACTOR,
Responsibility for, . .........
. .. ....... . 9.9, 14
Recommendation of Payment
.... .. 14A, 14.13
Article or Paragraph
Numt-VT
Responsibilities -Limitations; oR ....... ..
..... 9,11-9,13
Review of Reports on Differing Subsurface
and Physical Conditions,....._........
4 14
Shop
hop Drawings and Samples, review
responsibility ......
.. .... .. 6,26
Status During Construction -
authorized variations in the Work
9.5
Clarifications and lntarpretstionc
................9.4
Decisions on Disputq ..... .... .........
9. 11 -9. 1 1
Determinations on Unit Price_,...
_.............9.10
ENGINEER as initial interpreter,
_9,11-9,12
ENGINIEFR's Responsibilities .........
...... 9. 1-9. 12
Limitations on ENGWEERs Authority
and Responsibilities..-__
OWNIER's RqxcscrdaLiVe_ _ ... .........
....... ... 9,1
Project Representative..._.........._
- ....... - 93
Rejecting Difiefive Work ..............................
9.6
Shop Drawings, Change Orders
and Payments .............. ...........
9,7.9,9
Visits to Siteq ...... ........
.... 1 .9-2
Unit Rice determinations.
........ 9, 10
Visits to site. ............
........
..9
Written consent required ..... ....... ...........
_ _y 2' 9.1
Equipment, Labor, Materials an.........................
3-6.5
Equipment rental, Cost of the Work. ...
_._ 11,43.3
Equivalent Materials and Equipment ........
.. ......... _.0-7
error or emissions,,,,„..,....
-_033
Evidence of Financial Arrangements .._
11
EXPIGMtiQn3 of physical conditions ........
...... -41.1
Fee, CONTRACTOrs-Costs Plus ...
............... 11.6
Field Order -
definition of, ...... ......
issued by ENGINEER.,_..._ ... .............
.....36.1, 9.5
Final Application for Payment_, ....... .............
. _14.12
Final Inspectiori____
1
Final Payment --
and Acceptance..,._
14,13-14.14
Prior to, for casllovances'---
11,8
Gelictul Ptovisik)fts. ... - ....... .... ... .... .. ........
03-17.4
General. Requirements. -
definition of ....... - - ..... - .. .....
20
principal references to_ , , 26, 6-4.
6,6-6,7, 6.24
(living Notice......... ..... ..
17.1
Guarantee of Wurk-by CONTRACTOR . ..
.... 6.36. 14.12
Hazard Communication Programs,
§.22
Hazardous Waste --
definition of,...,.._..... .......
1'21
general .... ... .... --- -- .........
.4 5
OWNE'R's responsibility for......,.._ ........
A 14)
KXIA(31MRAL C'01I)ITIONS1910.8 (1990 jjja[-Jjoij)
WI CITY OF FORT COLI,Mt MODOCAJIONS MEV 9j99)
Indemnification... .. .. ............ ft.12, 6,16, 6.31-6 31
Initially Acceptable Schedules, 29
Inspection --
Certificates ol*,, . ... ......... ..... . .. .9.114, 115, 14,12
Final _14.11 1
Article at Paragraph
Number
Special, required byENGINERR .......... ..........
_ 96
Tesizand Approval .......... .... ..... tt.l, 113-13 4
Insurance --
Acceptance of, by OWNER ....
N
Additional, required by changes
in the Work._...._.....
Before starting the Work .... ....... ......... .............
2,7
Bonds and --in generid,.,
Cancellation Provisions _,,.,, ...... . .....
5,8
Certificates o(........... _ _2,7,5,5.3,5.4.11,5.4.l3,
........................5.6.5.
....... * .... .. .. .. . 5.6.5. 51, 5, 14, 9.13.4,
14,12
completed operations.,., ..... ...............
....... 5A 13
CONTRACTOR's faiability,__ ........... ........
5.4
CONTRACTOWs objection to coverage.............
5.14
Contractual Liability.... __ .... ...... . ......
..... 5.4.10
deductible amounts, CONTRACTORs
rosporisibility.............. ... .... ...........
..5.9
Final Application for Payment ........
...... 14,12
Licensed lnsuirers,_
53
Notice requirements, material changes ........
5.8, 10.5
Option to Replace-,
5.14
other special insurancel ....................................
5.1()
OWNER as fiduciary for insureds_ ..... ...
_5 12.5,13
OWNER's Liability, ....... .. ... .......... ....
. .. 55
OWNER's Responsibility .. .. ............
9.5
Partial Utilization, Property Insurance,,,,,,,,,,,,,,,
5,15
Property,_ .......... .... __ ... ............... ...
__5.6-5.10
Receipt and Application of Insurance
NOWea..............................................5
-12.5. 13
Special Insurance_......... .
Waiver of Rights .........
Intent of Contract Documcnitg__
3.1-14
Interpretations and Clan fiicatwnS ... ...... .
3,6.3. 9.4
Investigations of physical wnditions..........................42
Lalbor. Materials and Equipment.
Lands --
and Easements
Availability 0f____ .... ...... ......
... 4,1,8.4
Reports and Tests.., . . .... ... .. ............ ..
8.4
Laws and Regulations --Laws or Rogolaticits-_
Bonds
Changes in the Work .. .. ...
10A
Contract DvcuacnjA,
3.1
C-OtN't'RACT(.)R.sResponsibilities ...................
0,14
Correction Period, detective Work,
13, 12
Cost of Work, taxes.....
11 4A4
definition of..
genera1614
Indemnificution,
Imaironce........ ......... .... .. ..... 5.3
Precedence
Reference to.., .....
Safety and Prottetion.., _ .... .... _.6.20,112
Subcontractors, Suppliers and Othen ..... .... 6.8-6, 11
Article or Paragraph
Mum ber
'Pests and Inspection _ . ...... ..........
...... 13.5
Use of Premises . ... ...
6-16
Visits to Site
9.2
Liability Insurance-.
CONTRACI I-OR's ........................................
5.4
OWNERS
5.5
Licensed Sureties mid Insurers............_ ........ ..
...... 5_3
Liens. -
Application for Progress Payment..... _ ...._......
_14.2
CONTRACTOR's Warranty of Title ..... ...
..... . 14,3
Final Application for Payment.........._..............
14.12
definition of_ ............. ......
j-23
Waiver of Claims,...,.,.....__
.14.15
Limitations on ENGTMER's authority and
responsibilities.......... _.............. .. - ..... .
9,13
Limited Reliance by CONTRACTOR
Authorized ..................................................
... 4.2.2
Maintenance and Operating Manuals --
Final Application ror Pkvmcnl,..,, ... ... ...........
14. 12
Manuals (of others) --
Precedence
Reference to in Contract Documents................
Materials and equipment..
furnished by CONTRACTOR_
not incorporated in Work
14.2
Materials or equipment --equivalent ...... ..........
__0.7
Mediation (Optional)_ ___ . .. ... .... - __ - ...
... 16.7
Mite3tomis--definition of .......................................1.24
Mi3cellarwous
Computation of Times
Cumulative Remedies.
Giving Notice........_._..._.__..._ .........
J7.1
Notice of Claim . . ... .Included,.....
j 7.3
Professional Fees and Court Costs Include4 .....
17.5
Multi -prime contracts
Not Shown or Indicated,
4,32
Notice of --
Acceptability of Project . .....
14.13
.Award, definition Lit'
Claim
__17.3
Defects, 111
T)ifferingSubsurface orPhysical Conditions,
_423
Giving.. ........... ....... .... ...... ... . " .., , _
, t7.1
Tests and Inspections'_._ ' ' "' ' "' "" *" ' " ' 13.3
Varintion, Shop Drawing Samplo.................027
Notice to Proceed --
definition o( ..................... _ ....... ............ 1,26
giving of,
IA I)('. UENWAL COMATJQIM 1911" (199ii Fj.)1n0N)
Wi CITY Or FORT COLLM MODMCATIONS MRV 9'99)
BID SCHEDULE: LUMP SUM, Unit Cost: for insulation replacement as necessary
0l"iT
Rt3+t3Fi NCi 5'
Steve Saafetd
City of Fad CdIM
117 NOM Mason Street
Fort CdOns, CO 80522
R4wencw, ,, Epic tom
Dear Mr, 3esfetd,
I *%uW like to thank you for oontsding Frcflt
relll hoed "ecd.
BASE BID INCLUDES, (EPDM ROOFINGLS
1. Ail roollng areas assodated with original
2. Move E)dxtln� EWnast rock, Cut sxisiing E
3. Install now. i t0 MI Carlisle black EPDM
4, EPOM wall fleshings to height of ex1oft
5. 20 year Car" warranty Wd 2-year Fra
materials witrranty.
8, New pratt counter la*Jnp and W
man , s standard colcr cho t.
77. Removal and replacement of+edslinggme
& All assoc loW hoisttrtg, dump foss at IV P
Unit Price: To replace any damaged or wet
iy further quesfions,
22213th Avenue • careeley, Colorado 80631
Roofing for a quote an the
r METAL FLASHINGS)
lei stop tiashlr4s from
• : f 4
M Y:' ♦Y a •Y 'Y
$Toll F41 on -
me at our office.
• FAX 870-362.6757
7/96 Section 00300 Page 1
Notification toSurety ....
1(),5
Observations, by ENGINEER,
.. .. ... 63(t 92
Occupancy of the Work,__ ...... .....
5,15, 630.14, 14A0
Orn issions; or acts by CONTRACTOR . _ , _ 6.9, 913
Open Peril policy form, InSUTRnce,,,
.......
Option to Replace .................
............... ........ 5,14
Article or Paragraph
Num ber
"Or Equal" Items_... _ ........... .... .. .... ... .......
... ... 6.1
Other work 7
Overtime Work --prohibition of
63
0WNLR--
AccLpt.ance ot'defective Work- ... .........
13,13
appoint an ENGINIER .............. .... ........
...... . 8,2
as fiduciary ......... ... _ .... ..... __ ....... _ .......
5,12.5.13
Availability ofLandi, responsibility .......
...... _j4A
definition o(
. I
1-1.1 47
data, furnish ....... ......
8,j
?&y Correct Defective Work...........................13a4
May refuse to make payment._ .... . .... ....
1-- 14,7
N*v Stop the Work ....... __ ...... ... .
..... ji.10
May Suspend Work,
TeMin9e------ � ............ 01. 13,10,
1.5.1-15.4
Payment, make pronali................. _J.3,14.4,14,13
mformano: of other work,. ............... .....
_ ........ 7.1
permits and licenses, requirementIs,-, .................
k. 13
purchased insurance requirements
5.6-5,10
OV*?I,Mws--
Acceptance of the Work....... _.................
__0,3(),2
Change Orders, obligation to excoute., . .......
K.6. 10A
Conmnunicitfionq. .... ........ ........
Coordination of the Work...... _.......... .....
... 7.4
Disputes, request for decision....._ . .. ..............
. 9,11
Inspections, tests and approvals ....... ... __J3,13.4
Liability Ijisurance. . ... ___ ..... .. ....... ...
.. .. 5.5
Notice of Defocts._ ..... ....................... ___
..... _13A
Rapro,wftlative--During Construction,
M4GIN9FWs Status..... ...........
9,1
Responsibilities --
Asbestos. PCBs. Pdralcum, Hazardous
Waste or Radioactive Material
10
Change Orders., ....... _ ... ...... ........ ___
......... 8 C>
Changes in the Work,.._.. . .. ........
. lol
communications,...,_..__._......
8.1
CO.WRAaOks responsibilities..... ...
....... 8,9
evidence of Financial urrungcnients_
inspections, tests and approvals
insurance
lands and easoments_
RA
prompt payment by..,
83
replaceinent of ENGMER ...... ...... .....
....
reports and tests.......,..._.._..,.....
9 4
stop or suspend Work, 13,10, 15 1
terminate, CQN7RACTORs
services._._....._.__._._ .
1.& V 5,2
separate representative at site _ ................. ..........
9,J
testing, independent ....... . ... ...........................
use or occupancy
of the Work ..... ....... 15, 6.30.14,
written consent or approval
required...,........ .... _ .... ...... 9. 1, 63
13.4
14.10
11A
11r1r, UENMAL CONDITIONS L910.8 (199e ED111c).14)
w/ CITY OF FORT MUM M0DMCAT10M(REV 9i99)
Article or Paragraph
Number
written notice requires{,..,__ _ . .... .....
. 7 1, 9 4, 9.11.
. ..... ................. 11 2, 119, 147, 15A
Kas--
definition of-
29
general...... - ...... ...... _ .... ..
......... __-4,5
0WMRR%s responsibility for . .........
......... .
Partial Utilization —
definition of
1,28
general 6 30.2.4, 14 10
property Insurance......_._..._......_
..... . . 5,15
Patent Fees and Royalties ......................................
6,12
Payment Bonds.,,,,,,,., ...... ...........
.. .........
Payments, Recommendation of ...... _ ...
_14.4-14.7, 14,13
Payments to CONTRACTOR and Completion-
-Application for ProoXeSsPayments; .........
......14.2
CONTRACTOWs Warranty of Title.,._,
. ..... . . _143
Final Application for Payment ......
................. 14,124
Final Inspection........._.....
.................14.11
Final Payment and Acceptance_ ......
-14, 13- 1 4. 14
general. ............ — .......... ..... .......
__ ........... $1,14
Partial Utilization ... _ --- .... ...
. ...... ......... 14-10
Retainsoc....................... ...... ...............
.....14.2
Review of Applications for
Progress Payments , ............. .......
___J4A-14.7
Prompt payment._ ... -- .... ... ....... ..........
__ ... .... 03
Schedule a Values .......................
____ ..... . 14. 1
Substantial Completion _ ........ .........
........ 14,8-14,9
Waiver of Claims. ........... -- ...........
14,15
when Payments due,.....„ .................
__, 14,4,14A3
withholding payment .. ........ . .....
. .. 1*7
Performance Bonds ...........
......
permits
13
Petroleum —
definition of ..............
........ .... 1.30
general...................................... ..............
.... 4,5
OWNEWs responsibility for ........ ....... _ ............
s.10
Physical Conditions —
Drawing,% of, in or relating tq... ... .. .... _
ENOTNEER!s review ........................................4.2A
existing structures..._... _ .. .. .. .. .. ..........
. 4.2.2
general 4.2.J.2, ... .........
Notice Or Differing Subsurface 01,_ .....
4.2-3
Possible Contract Docurn cuts Change . .......
. .. 4 2,5
Possible Price and Times Adjustments.,
_ , , 4,16
Reports and Drawings ...... .......... ..............
4,11
Subsurface and,
Suhsurfiicc Canditiorij. .... ...
4, 2. LI
Technical Data, United Reliance by
CONTRACTOR Authorized, ....
.. 4.2.2
Underground Facilities —
general...... ....... ...... ...... .. ...........
... 43
Not Shown cc Indicaed
.4.32
Protection of ........ ...... ..................
..... 43,620
X4
Article or Paragraph
Number
Shown or Indicated
43.1
Technical Data, ........ ......... . .....
*2.2
prec'o"aiii0tion Conference ................
Preliminary Matters-..-_.____.._..
Prelim inary Schedules
Premises, Use of-- - - __ _ . . . .. ........
18
Price, Change of Contrack .... . ... .....
..... . I I
Price, Contract —definition of
1.11
Progress Payment, Applications for
14,2
Progress Nyment—retainagg.,
14,2
Progress schedule, CONTPACTOR's__ __
.6, 2 —8, 2 9,
6.6, 6.29, 10.4, 15.2,1
........... 1,31
Project kcprescntativc--
ENGINEEIVs Status During Construction, ....... .... 9.3
Project Representative, Resident —definition
of ......... 1,33
prompt payment by OWNER ....... ..............
83
Property Insurance --
Additional. .......... ... ... .
5,7
generalS.6-5, 10
Partial Utilization, ....... _5A5.
14AU2
receipt and application of proceeds ............
5,12-5.13
Protection, Safety and ............ ............ ...... 6,2"'2L
13'2
punch list
Radioactive Material—
defintion of
1.32
genera14.5
OWNbR's responsibility for ...
10
Recommendation of Payment ................J4.4,
14,5, 14.13
Record Documents
6,19, 14,12
Records. procedures for maintaining_., ..........
........Z8
Reference Points........... ................ ..
. ....... 4.4
Reference to Standards and Specifications
of Technical Societies.........................................3.3
Regalations, Laws and (0r) ...... ...........
...... _., 6.14
RrjectingDefeefive Work,
9.6
Related Work --
at Site - " " * ... ... .. .... .. . ...
J,1- 7.3
Performed prior to Shop DrawnWN
and Samples submittals
....... f) 28
Remedics. cumulative
17.4. 17, i
Removal or Correction ofDofective Work
13.11
rental agreements. OWINIER, approval required—
toplaomriont of ENO WEER, by OWNER, ...
.. ..
Reporting and Resolving
Discrepancies ...... ...... 2 il
a, 3 2, 6 14,2
Roports—
and Drawings .......
4.2.1
and Tests, OWINER!s responsibilit......................8.4
Resident and Project Representative --
definition of:...:... . ...... — .. ...... ..
133
provision for,... .......... ........... ...................... .. .' .' .9,3
t-AAV MtCKAL CONIATIONN 1910.8 (199() JJ)JrJ()N)
W1 CITY Or FORT COLMNS MODIFICATIONS W-,V 997)
Article or Paragraph
Number
Resident Superintendent, CONTRACTOWs, .. .... 6.2
Respotisibilities-
(7ONTRACTORs-in general _ 6
E'NOINEEWs-in general,. _ _
.... ....... ...... 9
Limitations Eat,...__...
9.13
0ANEWs-in general, ........ ...
....... . ..... __8
Retairiage . .
I I - J4.2
Reuse of Documents . . ......
33
Review by CONUACTOR: SlicpDiawings
and Samples Prior to Submittal
...... ..... ....... 0.25
Review of Applications for
Progress Payments,,.,,
14.4-14.7
Right to an Adjustment ......
................ J0.2
Rights of Way..... _...
Royalties, Patent Fees and......................................6J2
Safe Structural Loading_.__._........_.....
_6,18
Safety --
and Protection .... ....... .. . ....
43.2.6.16,6.18,
6.20-6,21,
72,13.2
general ...................... ....................
.........0 _20423
Representative, CONTRACTORs .......................
6.21
Samples -
definition of ............. _ ..........
_,.J.34
general ---- .— ..... . ... ....... ___
.. ......G.2*6.28
Review by CONTRACTOR,., . .......
..... ....... 6.25
Review by ENORNBER.
',26, 6,27
related Work
0,28
submittal of
._6124.2
submittal procedural ......... ...........
..... ... _0.23
Schedule of progress.
Schedule of Shop Drawing and Sample
Submittals 16 ........ ........... 5,
2.8-29, 624-6.28
Schedule of Values __16,18-2.9,14.1
Schedules --
Adherence
Adjusting - .. ...... ........ ........ . ............
....... fi.6
Change of Contract Times ........ ... -
........ ... -_ ... 104
Initially Acceptable.,_ . ... ...... .. .. .
1
. ....... _2,8.2.9
Preliminary..
2,6
Scope of Changes .. ..... ... ...
.... 103-10.4
SubsurlaccConditium- - ..........
Shop Drawings -
and Samples, gentrtkJ____ _ ......
...... 6,,24.6,29
Change Orders & Applications f>r
Payments, and
definition of .... ___ .. .... ........ .
...... 1,35
ENGINEER'S approval of
342
ENT6 I N7E ER's responsibility
for review .................................
........
6.24-6,28
related Work
_6,28
review procedures...._ ...... ............
2 8, 0,24.6,29
Article or Paragraph
Number
submittal required.,..,_, ... .. .......
_ „ �6124,1
Submittal p(ocedureq .......
.... A25
use to approve sul-Atitinioni
6.7 3
Shown or Indicated.,....._....
4.31
Site Access ...... ... ... .... . ...... .... ..
7.2,13.2
Site Cleanliness
6 , 17
Site, Visits in
by ENGINEER
92, 13,11
by other,; , . _ . .... ... . .. . ...... ... ...
... J.3 2
"special causes of loss" Policy form,
insurance ........................
6,2
definition of ....... . ....... ............
1.36
Spe6fications-
defiristion of ....... .... ....... .... ..... ........
..... __J-36
ofTeohnicall Societies, reference to,...,,.,_
...._,3,3.1
precoden".....................................................113
Standards and Specifications
of Technical Societies
3.3
Starting Construction, Before :... ............ ....
__,5-2,8
Starting the Work...._.... . ... .. ....... . ... ..
..... __ZA
%p or Suspend Work--
byCONTRACTOR.....................
3 5,5
by OWNER .... . ..... ... _._ .....8.8,
1310, 15.1
Storage of M ater ifils and equipment...,._..............4.1,
T 2
Structural Loading, Safety...., .... . . ............
_ ..6.18
Subcontractor --
Concerning,........... .................. ..................
definition of, ...... ........... ...............
j37
delays , .... . ..... ... .. ........ .
-- _ AZ,3
waiver of rights .... ..... ... ...........
0.11
Suboontractors-in general ................. .......
_ 6.8-6.1 I
Subcontracts --required provisions,__ „ $a t, 6.11, 1 L4.3
Submittals -
Applications for Payineru___..........................14.2
Maintenance and Operation Manuals_
__14.12
Procedures
0.25
Progress Schedules . .........
....
Samples....,_......_ ....... ... ..
_.614-6.28
Schedule of Valuesl..,........,.,_,.."...I."..��.....2,6,
141
Schedule of Shop Drawings and Samples
Submissions._
Shop Drawing4- . . . ..... ...... _ .......
6,24-6,28
Substantial Completion -
certification of.. ........ __ A-30,23, 14.8-14,9
definiaon ................ ........
... _ .... J,38
Substitute Construction Methods or Pr000dures.
6,7,2
Substitutes and "Or Equal" Items........
_63
CONTRACTOR's Expense ' ....... .......
..... O.7,1,3
ENGINEER's livaluation-
6.7.3
"()r-Equal",
6,7, 1 1
Substitute Construction Methods
fiJCLK'(XiNN1AL CONDITIONS 1910.8 (IWO U41-11ON)
Wf CITY OF FORT MUM MODMCATIONS (,RrV9,(99)
Article or Paragraph
Number
01' Procedures.,_.....,... ...... ..... ___ ...... ___.0,7,2
Substitute Items.._.. ...... . ......
6,7,1.2
Subsurface and Physical Conditions -
Drawings of, in or relatrig to..,..._....._,
. ....... 4.2.1.2
ENGINEER's Review
general ... ...
...... .... 42
Limited Reliance by CONTRACTOR
AuthoracA....... .... . .........
42 2
Notice of Differing Subsurface or
Physical Conditions .............
....... 4.2.3
Physical Conditions ......................................
4,21
Possible Contract Documents Change ...............4.2.5
Possible Price andTimes Adjustments ...............
4.2.6
Reports and Drawings, . .... .. .......
... 4,21
Subsurface and ...................................................4,2
Subsurface Conditions at the Site
1
Technical Data.,...,.,. ___ ...... ...............
4.2.2
Supervisim--
CONTRACT(Ws responsibility_
OWNER shall not supervise................................8.9
ENGINEER shall net supervisq................
. 9,Z 9,1324
Superimtendence ... .......... ........................
........
Superintendent, CONTRACTOR's resident;,,,,,,,,,,,,,,
Supplemental costs .... . ........ ....... ...
1
......11.4.5
Supplementary Conditions --
definition of4 ...... ...... .................................
..... 1,39
principal references tQ_., ...... ..... J , 10, 1. 18, 12, 23,
..... +2. 4-1, 5A, 5.3,5,4,5.6-5.9,
5, 11, 6.8, 6.13, 7.4, 8.11, 9.3, 9,10
Supplementing Contract Document* .......
____.3,6
Supplier --
definition ot ................................................_.).40
principal references 3.7, 6,5, 6.8.6.11,
6.20.
r .. . .......... .. .. . ........ .......8.24, 9,13,14.12
Waiver of Rights._._..._ .. ...... ___
........
Surety --
consent to final payment..,_ .... .........
J4,12,14.14
ENGINEER has no duty
_9,13
Notification 0f, 10'1'
10'3, 15,2
qualification of
1-5,3
Survival of Obligations- .......
6,34
Suspend Work, OWNER May ........... ...
J110, 15A
Suspension of Work. and Termination, ......
. ...... . . j5
CONTRACTOR May Stop Work
or Terminate . 1 -1 111 111
11Work
, , , J5,5
OW NMR May Suspend . I I.. - 1. 1
_ A 5A
OWNER May Term inate .. ....... ........
5A
Taxes_ -Payment by CONTRACTOR .... ..... ....
...... 0,15
Technical I)nta-.
Lim ited Reliance by C4DNTP-ACTOK,.
4.2_1
Possible Price and Times Adjustments .........
_4.2.6
Reports of Differing %bsurface and
Physical Conditions,,,,.,,,,
_4,2,3
sir
TeMPOWYCOAStruction fact I nies, 4.1
Article or paragraph
Number
Term motion--
i,y cwrpACrop ....
153
by OWNER .......
H. $1 15.1.15.4
of EN(NNEERs eniployment,_
__$.2
Suspension of Work-in general .. ...........................15
Terms and Adjectives _ _ ...... .. .
3.4
Tests and Inspections -
Access to the Work, by othcrs.
J3.2
CONTRAcTORN responsibilities.........
....... 135
cost of 13.4
covering Work prior to ' ..........
... 11.6-117
Laws and Regulations (or) .....
..... .......... 13.5
Notice of Defects
OWNER May Stop Work
..... .... _13.10
OWNIER's independent testing ..........................
)3.4
qpecial, required by ENGINEER, ...............
........ 9A
timely notice required . ........ ..........
..... ............ 13A
Uncovering the Work, at ENG=-Ews
request,....... .. ...... ..
. ..... 13.8439
Times --
Adjusting.......... ..........................................
0,6
Change of Contract.._.........._ .... ...
...... ...... ...... 12
Computation of ..
'loia' *
1.11.-.17.2
diiU
Contract Times-cI ton of. .... .......1
. ... . ... . 1.12
day... ..... _ . .. ...... . .. .......
. 17.12
Milestones
I
Requirements--
appeiiIS-111. 1. 1 r - . .
. _ 9,10,16
clarifications,
claims and disputes.,., .............
9.11. 111,12
Commencement Of ContractTimes _23
Preconstruction Confereno............................2.8
schedules .........................................2.6,
2,9, 6.6
Starting the Work.
Title, Warranty of...,,_ . . .......
........ __14.31
Uncovering Work......._,....
... 13.843.9
Underground Facilities, Physical Conditions_
definition 0('."'....... .......
.....1.41
Not Shown cr Indicated
protection of._
4.3. 6,20
Shown or Indicated,-,
Unit Price Work-.
claims ., - ,, - .. ....
1.93
definition of .......... ..... ... .......
142
gerierall 1,9. 141, 14,5
Unit Ftices
general 11,5.1
Determination
10
Use of Premises.,..... .......6.16,
6,18, 6.302,4
Utility owners. ........ k.13,6,20, 71-73,112
. ...... 129, 5J5,6301A.
14,10
Value of the Work ..... ....... ...... ......
.... J13
Values, Selmdule of-
2.6, 2.8-Z 9. 14A
f-AIX2CWNEI(AL COMM4111)313M04 (19%) WITION)
w/ciw or FORT COLLN5 WOMFICAnONS (arV 9199)
Variations in Work --Minor
Authorized, .6,25, 6,27, 9.5
Article or Paragraph
Number
Visits to Site --by FXGINEER
9"
Waiver of Claims —on Final Payment.
... ... ...... 14.15
Waiver of Right-, by insured parti",., .......
Warranty and Guarantee, General —by
CON71'RA(TI'OR. . .... ......................
......... 0,30
Warranty of Title, CONTRACTO16, ...
Work —
Access to
112
byoIhcrs_..I ............ .........
........ 7
Changes in the,_ _ ... .......
....... ....... J0
Continuing Lhc............... _ ...................
6.29
CONTRACTOR May Stop Work
or Terminate.........._ . .....
Coordination of__ , _...........
7A
Cost of the,........... ....... __ .........
)1,4-113
definition
43
neglected by CONTRACTOR ....... ...
_ ............ .. t3 14
other Work._............ .. .... .......
...... . ...... _7
OWNER May Stop Work . .........
OWNER May Suspend Work ...................
13,10, 15,1
Related, Work at Site ........... ...... .................
T 1-7.3
Starting the,...........
..2.4
Stopping, by CONTRACTOR ...... ..................
... A5.5
Stopping bY OWNER ... ...... ........ ......
.... 15,1-15.4
Variation and deviation authorized,
mmor_ ... ... 3.6
Work Change Directive—
claims pursuant to .... ..........................
....... jr).2
definition of.
1.44
principal references to,,,,,,,,,,, .....
Written Amendment --
definition ot ....... .... ........... .........
JA-;
principal references J.10. 3,5.
... 0.6.z 612,6.19,10,1, 10.4,
.. ........................ 11.2,12.1,11112,
14.12
Written Clarifications and
Interpretations_ .........
.3.6,3,9.4, 9,11
Written Notice Require& -
by CONTRA(7TOR .............................7.1,
9 10.9.11,
by0WNrR,_
XY EX;W UENERAL C'ONEATION4 IA 0-9 (199e EN ININ)
W1 CITY GFPORT COLLINSNIMIMMIONS (REV 9;9V)
('This page left blank intentimaily)
EJCTX' CIFrF Al. CONDITIONS 1910-$ (1990 ED) RON)
wf aTY OF FORT CAt.L1N9 MODMCAT1ONa WV 9t99J
GENERAL CONDI"1'IONS
ARTICLE; t-x)F.FTNITIONS
Wherever used in these General Conditions kv it the otter
Contract Documents the following terms have the
nheanimgs indicated which are applicable to both the
%ngular and plural thereof,,
1,1 .Addeirdo--Written or graphic i"ruments imed
prior to the opening of Bits which clarify, correct or
change the Bidding Requirements or the Contract
Documernts.
1.2. Aggreement The written contract between OWNER
heal CONTRACTOR covering die Work to be performed
triter Conniver Documents are attached to the Agreement
and made a part thoreof as provided therein.
1.3, Ztication for Pa)m inn --The form weCepteci by
IiNG which is to be used by CONTRA 'TTOR in
requestirig pr eas or final payments am which is to be
aacompan such supporting documentation as is
required by the as
Documents.
1 A. Asbestasc-Any material that contains more than one
pero m asbestos ail is friable or is releasing asbestos fibers
into the air above Harem action levels established by the
United States Occmpaticmal $afety and Health
Administration
I.S. Bid -The dTer or proposal of the bidder submitted
one prescribed form setting fordo the prices for the fork
to be
1.6. BiddrV Documents -The advertisement or invitation to Bid, instructions to bidders, the Bid form, and
the proposed Contract Documents (including all Addenda
issued prior to receipt of Bids).
1.7. BkUng Requirements -The advertisement or
invitation to Bid, instructions to bidders, and the Hid form.
1.8, Bomb -Performance and Payment bonds wid other
instruments of security.
1.9, Change Order --A document recommended by
ENGINIMR, which is signed by CONTRACTOR and
OWNER. and authorizes an addition, deletion or revision in
the Work, or an adjustment in the Contract price or the
Cortmi Times, issued on or after the Effective Date of the
Agreement
110_ Contract DocumenU-The Agreement, Addenda
(which pertain to the Contract Documents),
CONTRACTOR's Bid (inc docunmenfa Lion
accompanying the Bid and any pout aid documentation
submitted prior to the Notice of Award) when attached as
an exhibit to the Agreement, the Notice to procced, the
Bonds, these General Conditions, the Supplementary
Conditions, the Specification and the Drawings as the
WDC GEDtidT LAL CONDITIONS I9194 (19" GJiiaa)
rot MY OF FORT rk LLNS k MAHCATIOM(RF..Y 12000)
saute are more speec hanky identified in the Agreement,
together with all Written Amendments, Change Orchss<
Work Clionge Directives, Field Orders and ENGINEER's
written interpretations and clarifications issued pursuant to
paragraphs3.5, 3.6.1 and 3.6.3 on or alter the Effective
Date of the Agreement. Slop Drawing submittals
approved pursuant to paragraphs 6.26 and 6.1.7 and the
reports and drawings referred to ion potagmphs 4.2.1 anti
4.2 2 are nit Contract Documents.
I.11, Colin net Price -The moneys payable by
OWNER to CONTRACTOR for completion of the Work
it accordance with the Contract Documents as stated in
the Agreement (subject to the provisions of
paragraph 11.9-1 in the case of Unit Price Work),
IA2. Contact Times -The numbers of day, or the
dates stated in the Agreement (i) to achieve Substantial
Completion, and (ii)to complete the Work so that it is
ready for final payment as evidenced. by ENG1N ales
written recommendation of final payment in accordance
with paragraph 14.13.
1.13. CC7NIRAC'7'CNt-7'hc paxon, firm or oorpnration
with whom OWNER has entered into die Agreement.
1,14, deactme-Art adjective which when modifying
the word Work raters to Work that is unsatisfactory, faulty
or deficient in that it does not cooko" A, the Contract
Documents, or does not meet the requirements of any
inspection, reference standard, test or approval referred to
in the Contract Documents, or has hear damaged prier to
ENGE3F Ks recommendation of final payment (tmless
responsibility for the protection thereof' has beam assumed
by OWNER at Substatmtinl Completion in accordance with
paragraph 14.8 or 14.10).
1.1 S. Drawings -The drawings which show the scope,
cadent and character of the Workto be furnished and
perfocra W by CONTRACTOR anti witidt have been
Prepared or approved by ENGINEER and are referred to
in the Contract Documents. Shona drawings are not
Drawutgs as Sa deflhe<i
1.16. Efiree6ve Date of die Ageventent-The date
indicated in the Agreement on which it becomes effective,
but if w such date s indicated it means the date on which
the Agreement is sip W and delivered by the last of the
two parties to sign and deliver.
1,17 EVUL) EER-The person, firm or corporation
named as such inn the Agreeni ent.
1,18- F,vUI.,,VEFR's Consultant --A person, form or
corporation having a contrad with ENGINEER. to tumisb
services as EXOMER's independent professional
associate or umsuttant with respect to the Project and who
is identified as such in die Supplementary Conditions.
1.19. Fiek9 Onfer-A written order issued by
i O NEER which Orders minor changes in the Work in
aco. r arnce with paragra95 but whidm does not involve
a charge im the Contracte'tcc or the Contract Times.
1.20. Oenaral Ragttirements—Seciiom of Division 1 of
the Specifications.
121, Hazardous AGtst¢—The term hazardous Waste shall
have the meaning provided in Section 1004 of the Solid
Waste Disposal Act (42 USC Sethon 6903) as amended
from time to time.
1.22.a, Lasts andRegulahons; Zags or Regulafiorur-.Any
aril all applicable laws, rules, regulations, ordinances,
aides and orders of any and all governmental bodies,
agencies. authorities and courts havinsjurisdictio,
1,22.b Legal Hak s--hall b jb2je of a obswmy�j
by the Otv_of Fort C.a[lita.
1.23. Lien--Liem charges, security inteacsts or
cncntibrances upon real property orpersonal property.
1.24. Milestone --A principal event specified in the
Contract Documents relating to an intermediate completion
date or time prior to Suh&m hal Completion of all the
Work.
1.25. Molice afAward—A written notice by OWNIER to
the appmrem successful bidder sra M tc hat upon compliance
by ttte apparent successful bidder with the conditions
precedent enumerated therein, within the time specified,
MWE$ will sign and deliver the Agreement.
1.26. Notice to Proceed —A written notice given by
QANWM, to CONTRACTOR (with a copy to RKGINIM)
fixing the date on whioh the Contract Times will
commence to run and on which CONTRACTOR shall suit
to perform CONTRAtTfOR'S obligations under the
Contract Documents.
1.27. ORMR—The public body or authority,
Manon, association, firm or person with whoa
CO I RACTOR has entered into the Agreement and for
whom the Wok is to be provided
1.28. partial Udlfxvtfon--Use by QWNU1 of a
suhnamially completed pan of the Work for the purpose
for which it is intended (or a related purpose) prior to
Substantial Completion ofali the Work_
1 29 PCBs—polychlormated biphenyls.
1.30 Patrician --petroleum, including truck oil or any,
faction thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and
14 pounds per sgture inch absolute), such as oil,
Petroleum, fuel oil, oil sludge, cup refuse. gasoline. kerosene
and oil mixed with other not-Harardtms Wastes anti crude
oils.
131. project —The total constr"orr of which the Wcxk
to be provided trader the Contract Doeumems may be tie
whole, or a part As indicated elsewhere in the V;ontmci
Documents.
1.32.4. Radioowhve A9aterlal Sauce, special nuclear. eta
byproduct material as det"med by the Atomic Energy Act of
H1CMUENIR.At,COND17 OM t9I" t199UFAiwt
WO nY of FORT rxrA.,IN%Mex,trrcrAnONS (Rtv42uooi
1954 (42 USC Section 2011 ei seq) as amended from
time. to time.
I„3^ b Ilegrrlur, iiori3 tg Fput 1%upon working homes
�definLtil as 7.4 ym to t ,! ftt,..,.si i� cwise
S�,g,jpp,�he Genera.I Retpar_rrements..
1:33. Resident PiVvet Representative --The authorized
representative of 2 OMFFR who may be assigned to the
sale or any part thereof.
1.34. Swnplrs—physrcaf examples of materials,
equipment, m workmanship that are representative of
some potion of the Work and which establish the
standards by which such portion of the Work will be
judged
1,35, Slop pruatng —All drawings, diagrams,
illustrations, schedules and other data or information
which are s ficalpy prepared or assembled by or far
CONTRACTOR. armd submrtled by CONTRACTOR to
illustrate some portion of the Weak.
136 Specfflcations—Those portions of the Contract
Documents consisting of written technical descriptions; of
materials, equipment, oonstruction systems, standards and
workmanship as applied to the Wok and certain
administrative details applicable thereto.
1.37. Slabcontraetor--An individual, firm orcorporatidm
having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the
Wok at the site.
1.38, Srbsiantud Completion —The Work (o a
specified part thereat} has pc� to OW palm where,
m the opinion u EN Tait as evidenced by
114GINEER's definitive certificate of Substantial
Completion, it is sufficiently complete, in Accordance with
the Contact Documents, so that the Work (or specified
part) can be utilized for the purposes for which it is
mmended; or if no such certificate is issued, when the
Work is ppe to and ready for final payment as
evidenced by to
written recommendation of
furl payment in accordance with paragraph 14,13, The
terms "nihsumtially complete" and "substantially
completed" as applied to all or part of the Work refer to
Substantial Completion thereof
1.39, Supplenrentary C'arditiau--The pat of tie
C".omract Documents which amends or supplements these
Gencrnl Conditions.
I,40. Supplier —A manufactures, fibricatur, supplier,
distributor, matertalman or vendor having a direct contract
with CONTRACTOR or with arty Subcontractor to
furnish materials or equilxnent to he- maup)mted in the
Work by OONTRACTOR or any Subcontractor.
1.41. tlnclerginreid hardorier• -All pipelines, conduits,
ducts, cables, wires, manholes, vaults, tanks, tunnels or
other such facilities or anaolinents, and an encasements
containing such facilities which have been installed
underground to furnish am of the iollowmg services or
mat"Is electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable
television, sewage anti drainage removal, traffic or other
control systems or water.
1.42. flnit Price ]fork —Work to be paid for on the basis
of unit pricers.
1.43. N''oA---The entire completed construction or the
various separately ideri ifiable ppormtts thereof required to be
furnished under the Contract tk cuments. Work includes
and is the resuh of performing or furnishing labor and
Darn' re and moorposurg materials and equipment into
the conshiicuon, and performing or furnishing services and
furnishing documeres, all as required by the Contract
Documents..
1.41. li'ortc Change DirveAve--A written directive to
CONTRACTOR, issued on or oiler the Effective Date of
the Agreement and signed by OWN13R and recommended
by ENGINEER, ordering an addition, deletion or revision
in the Work, or responding to ditf4* or untbnewen
physical conditions under which the Work is to be
performed as provided in patagraph4.2 or 4.3 or to
emergencies under paragraph6.23. A Work Cha%c
Directive will not change the Contract Price or the Conntract
Times, but is evidence that tha parties orpect that due
m change directed or clop enttd by a Work Change
Directive will be incorporated in it subsequently issued
Charge Order £cult negotiations by the parties as to its
affect, if any, on � Contract Price or Contract Times as
provided in paragraph 10.2.
145. Wntien Amen dnisnit--A written amendment of the
Contract Documents, signed by OWNER and
CONTRACTOR on or after the Effective Date of the
Agreement and normally dealing with the rioncarginaerintg
or nontechnical rather than strictly construction-relamd
aspects of the Contract Documents.
ARTICLE 2—PRELIMINARY MATTERS
lJetive y of Bands:
2.1. When CONTRACTOR delivers the executed
raOWNER, CONTRACTOR to OWNCONTRACTOR shall also
de fiver to OWNER such Bonds as CONTRACTOR may
be required to furnish in accordance with paragraph 5.1.
Cayriea of Dacaments:
2.'- OWNER shall furrash to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary
Condifions) of the Contract Documents as are reascimbly,
necessary for the execution of the Work. Additional copics
will be liunished, upon request, at the cost of reproduction,
Commencement of Connect Times, Notice to Proceed.
2.3. The Contract Times will commence to run on the
thirtieth day after the Effective Date of the Agreement, or,
EJ('UC t3E.`t AAL GON[Nt10NS 1910.8 (1990 Edna)
ad (STY OF FOR T4-X)LIAM9 MODIF'It:A7r M(RhTV21100)
if a Notice to Proceed is given, on the day indicated tin the
Notice to Proceed, A Nt tree to Pro w d may be given at
any time within thirty days after the Effective Date of the
Agrcement —In-�rtt--will--the---47aniraab---Tinter
of 33id-apnertg-erthe thirtieth .ray after nte'Effective Date
of the wlnehaver-ixeaelier
941fingthe. Wmrk:
2A. CONTRACTOR shall start to perform tie. Work
on the date when the Contract Times commence to run,
but no Work shall he done at the site prior to the date on
which the Contract Times conmteme to run
Before Starting Construction:
23. Before undertaking each part of the Work,
CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pcttrnrat
figures shown thereon end all applicable Geld
memaremem CONTRACTOR shall promptly report in
writing to ENGflMR aarrtyry cachet, errs, ambiguity or
discrspanc which CONTRACTOR may discover and
shall obtain a written interpretation or clarification from
ENCiRvfil,R before pmrcecrling with any Work affected
thereby; howwer, Ct7NTPACTOR shall not be liable to
OWNER or ENGINEER for failure to report any conflict,
error, ambi' ity or discrepancy in the Contract
Doeuments, unless CONTRACT 20 knew or reasonably
slould have known thereof.
2.6 Within ten days after the Effective Date of the
Agreement (unless otherwise specified in the General
Requirements), CONTRACTOR shall submit to
ENGINEER for review:
2.6.1. a preliminary progress schedule indicating
The times (numbers of days or dates) for starting and
completing the various stages of the Work, inetuft
any Milestones specified in the Contract Documennts.
2.6.2, a preliminary schedtde of Shop Drawing aid
Sample s ttmittals which will list each required
submittal and the times for submitting, reviewing and
processrrtg such subs ittat
611. - ._lLL no . cam will
aoce
Rtaple w ch all(mg_lejs.._ttn 21 en1 dg
�s fur each ref hew by—Eaw
2.6.3. A prelimirarry schedule of values for of of
the Wok which will include quantities and prices of
items ngpgesaturs the Contact Rice said will
subdivide the Work into component Parts insufficient
detail to serve as the basis for progress payments
during construction Stich prices will include an
appropriate amount of overhead and profit applicable
to each itesn of Work.
2.7. Before any Work at the site is started,
OONTRACTOR end--€)WKRR spmll east deliver to the
other OWNED with copies to
identified -oFthe -Supplementary -Conditions BMINEER
certificates of nisuranxx (and other evidence of insurance
reastnrabfy rt neat r1NJJV which
COI3t'RACT «r tk nr :yarn is required
to purchase and maintain in accordance, with
paragraphs 5A,-5:4mid 5 7,
Pieconatrncrion Conference:
2X Within twenty days after the Conti act Times start to
rum., but before any Work at the site is started, a conference
attended by CONTRACTOR, ENGINIER and others as
appropriate will he Feld to mablish a working
understanding among the parties as to dic Mork and to
discuss the schedules referred to in p itmgraph 2.6,
procedures for handling Shop Drawings and other
submittals processing Applications for Payment and
maintaining required records.
In"yAccepatbfe &heOwlex
29. Unless otherwise provided in the Contract
Docu mn-s Brat
ApphentwwlbrlAavmo tbefore ant work at the site begins,
a conference attaid ed pry CONTRACTOR, UNGINI° R
and others as +ate dasianat�ed by QWNER will be
held to review or�acceptalahty to FiNGAvTiER as provided
below the schedules submitted in accordance with
W2.6. 9p_ 12i.Y.i t 1 mett�L t�uiIMU
Cf OR shall have an additici ml tee days to make
corrections and adjusim wits and to.comptete and resubmit
the schedules. No progress payment shall be made to
CONTRACTOR MI the schedules am submitted to and
acceptable to 13NGINLW as provided below. The
progress schedule will be acceptable to ENGINEER as
providing an orderly progression of the Work to
completion within any specified Milesterm and the
Contract Times, but such acceptance will neither impose an
ENGINHER responsibility for the ss�gqtnnnanning scheduling
or progress of the Work nor inarterae with or relieve
COMMAC"TOR front CONTRACTORs full
responsibility therefor. CONTRACfOR's schedule of
Shop Dtit ng and Sample submissions will be acceptable
to l3NC#INEER as providing it workable arrangement for
reviewing aid processing the required submittals
COM17RACTOR.s schedule of values will be atscepntable m
ENGINEERas to form and substance.
ARTICLE 3--CONTRACT DtX.IMENTS: 1NTEMr,
AMENDING, REI SE
Intent:
I.I- The Contract Docauments comprise the entire
agreement between OWNER and CONTRACTOR
annoxnnng the Work. The Contract lkxaumam are
complementary; what is called for by one is as binding as if
called for by all. The Contract Documents will be
construed in accordance with the law of the place of the
Project.
:3.2- It is the intent of the Contract Documents to
ki3t',I7C <3�v'F.RAr, COh7N'11Cm?t5 m At0�8 p R� SttdaR
V. CITY OF EMIT apita ns ntopntrtCAmmOmas (cr•.v 4 aOOO)
describe a functionally complete Project (or past thereof)
to he constructed in accordance with the C retract
Documents. Any Work,, materials or equipment that may
reasonably be inferred from the Contract Documents or
from prevailing custu i or trade usage as being required to
produce the intended result will be furnished and
performed whether or not specifically called for. When
words or phnises which have a well-known technwal or
construction industry or trade meaning are used to
downbo Work, materials or equipment, such words or
phrases ahali be interpreted in accordimce with that
mearning. Clarifications and interpretations of the Contract
rkcumentsshell be issued by HNCr1NERR as provided in
paragraph 9.4.
3.3. Reference to %andmis and Specifications of
Technical Socid;ea; Reporting and ReAolsdng
>tcrepandes;
3.3.1. Reference to wmdarcK specifications,
manuals or codes of any technical society, organization
or association, or to time Taws or Regulations of any
govemmentat atabority, whether such reference be
specific or by inmphention, shall mean the latest
aandeed, specification, manual, code or Laws or
Regulations in effect at the time of opening of Bids (or,
on the Effective Date of the Agreement if there were
no Bich), except as may be otherwise specifically
fated in the Contract Documents
III It; dining the performance of the Wait,
CONTRACTOR movers any conflict, error,
ambiguity or discrepancy within the Contact
Documents or between the Contract Documents and
any provision of any such Law or Regulation
applicable to the perfo duce of the Work or of any
such standard, specification, manual or cede or of any
instructiom of any Supplier referred to in paragraph 6.5,
CONTRACTOR shall rx�xrt it to ENGINEER in
writing at aloe, and. CONTRACTOR shall not
prated with the Work atTceted thereby (except in an
emergency as authorized by paragraph 6.23) until an
amendment or supplement to the Contract DocumanU
has been rued by one of the methods indicated in
paragraph3,5 or 3.6; provided, however, that
CX3NT.RACTOR shall no; he liable to OWNER or
ENGINE'E'R for failure to report any such codhot.
error, amb' ty or discrepancy unless
CONTRACTOR knew or reasonably should have
known thereof.
3.3.3. Except as otherwise specifically stated at the
CotLLmet Dacurments or as may be provided by
annendaent or supplement thereto issued by one of the
methods indicated in paragraph 3.5 or 3.6, the
provisions of the Contrast Documernts shall take
Precedence in resolving any amnd]ict, error, amhiguity
or discrepancy between the provisions of the Contract
Mvumeras mid:
3.3.3.1. the provisions of any such standard,
speeifrcation, manual, code or instruction (whether
or not specifically incorporated by reference in the
Contract Documents), or
SECTION 00430
SCHEDULE OF SUBCONTRACTORS
List all subcontractors for the work items listed below and all subcontractors
performing over 20% of the contract.
ITEM
SUBCONTRACTOR
7/96 Section 00430 Page 1
3 33.2the provisions of any such Laws or
Regulations applicable to the performance of the
Work (unless such an interpretation of the
provisions of the Contract Documents would result
in violation of such Law or Regulation),
No provision of any such standard, Niecificaion, manual,
cork or instruction Mall be e%ctive to change the dirties
and responsibilities of OWNER, CONTRACTOR or
6NGINEIR, or any of their subcontractors, axreubrits,
agents or employees from those act forth in the Contract
Documents, nor shall it be effu;ftve to assi to OWNER,
ENGIN EER. or of is"NGINEER's C its, agrnts or
employees any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility inconsistent with the
provisions of paragraph 9,13 or any other provision or the
Contract Documents.
3.4. Whenever in the Contract Documents the terms %a
ordered", "as directed", "as roquired", "as allowed*, "as
approved" or terms of like erred or import are used. or The
adjectives "reasonable". "suitable". "acmptable , "proper"
or "satisfactory" or adjectives of Me effect or import are
used to describe a requirement, direction, review or
judgment of ENGINEER as to the Warn, it is intarded that
such recpttu}ement, direction, reviaW Of judgment wi4 be
solely to evaluate, in general, the completed Work for
compliance with the requirements of and information in the
Contract Domments and catformimce with the dedgn
concept of the completed Project as a functioning whole as
shown or indicated in the Contract Docmteas (unites, there
is a specific statement indicating otherwise). The use of
any such term or adjective shall not be effective to assign to
ENGINEER any duty or authority to supervise or direct the
fumishiN or performance of die Work or any duty or
authority to undertake responsibility contrary to the
provisions of paragraph 9.13 or any other provision of the
Contract Documents.
Amending and Supplementing Conbuet Documents.
3,5. The Contract Documents may be amended to
provide for additions, deletions and revisions in the Work.
or to modify the terms and conditions thereof in one or
more of die following wuys
3.5.1. a formal Written AmendmenS
3.5.2. a Change Order (Pursuant to paragraph 10.4}
or
EJCI)X'Crh'NtRAi, C0NIAM1% 1919$ (19" Ed(iuo)
wacarsOFFORT cxxa,lX9MCAntn(rAFIOM(REV4acorn
3.53, a Work Change Directive (pureuaut to
paragraph 10.l).
3.6, In addition, the requirements of the Contract
Documents may be supplemented and minx variations
and deviations in the Work may be authrinmd, in one or
more of the following ways:
3.6.1. A Field Order (pursuant to paragraph 9.5),
3.6.2. FNGINFFR's approval of a Shop Drawing or
Sample (pursuant to paragraphs 6,26 and 6.27), or
3.63. INGINEERs written interpretation or
clarification (pursuant to paragraph 9.4),
Raise of Documents:
3.7. CONTRACTOR, and any Subcontractor or
Snppnlier or other person or organization performin# or
fttrrashtng any of the Work under a direct or iridaect
contract with OWNER (i) ahall not have or acquire any
title to or ownershipp r' #ts in any of the Drawings,
Specifications or orhar documents (or copies of any
thereof) epared by or bearn'r� the seal of ENGINEER or
FNCi1NPgrFR s C'ca>xatitaiu, atad {ir7 shall not reuse any of
such Dtawinpp fncat oats, ozfux dotamteras or copies
all extensions of the project or any other project without
written consent of OWNER and ENG134EER and specific
written verification or adaptation by ENGINEER
ARTICLE 4—AVAU AMUTY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REF ERF NCE POMS
AaadaliftofLanese:
4.1, OWNER shall famish. as indicated in the Contract
Dkncurnen s, the lands upon which the Work is to be
perform oil. rights -of --way and eats ants for access
thereto, and such other lands which are designated for the
use of CONTRACTOR idaen• resa>asa..
OWNER shall identify any ercumbrances or restrictions
rat of general application but specifically related to use of
lasts so furnished with which CONTRACTOR will have
to comply in perfuming the Work. Basements rot
permanent structures or permanent changes in existing
facilities will be obtained and paid far by OWNER, unless
otherwise provided in the Conrad Document%. If
CONTRACTOR mid OWNER an: unable to agree on
entitlement to or the amount or extent of any adjustments
in the Contract Price or the Contract Times as a result of
any delay in OWNUrs fWnishing these lands, rights of-
way or easements, CONTRACTOR may make a claim
therefor as provided in Articles I I and 12,
CONTRACTOR reran provide for an additional lands and
access thereto that may be required for temporary
construction facilities or storage of materials and
equipmera_
t 3. Svbsnrface and Physical Con denir
42.1 Reports and Drawings: Reference is made to
the Supplementary Conditions for identification of:
42.1.1 _ Subsrafice CaruirtrsFs., Those reports of
explorations and tests of subsurface conditions at or
0cant rota to the site that have been utilized by
0 in preparing the C(aurad Documents,
and
4.2.1.2. Rlosical Conditions: Those drawnV of
physical conditions in or relating to existing surface
or subsurface structures at or contiguous to the site
(except Underground Facilities) that have been
utilized by E1 G114 BR in preparing the Contract
Documents.
4.2.2. Limited ReBance by V0A1 4CTdR Authorized:
Technical Data: CONTRACTOR may, rely upon the
general accuracy of the "rectums al fiats° contained in such
reports and drawings, but such reports and drawings are not
Contract Documents, Such "technical data" is identified in
the Supplenterawy Conditions �Isy�tccceeppt for such reliance on
such "technical data". CUNTRAt".TUR may net rely upon
or make any claim against OWNER, ENGINUM or any of
ENGINEWs Consultants with respect to:
4.2.2.1. the completeness of such reports and
drawings for CONTRACTOR's purposes
inchudutit, but not limited to, any aspects of the
means, method$ icchtiqua% sequences and
procedures of construction to be employed by
CONTRACTOR and safety precautions and
programs incident thereto, or
4.2.12. other data, interpretations, opinions
and informatum contained in such reports or shown
or indicated in such drawings or
4.2.2.3. any CONTRACTOR interpretation of
or conclusion drawn from any "technical data, or
aairrryy such data, interprdatiom, opinions or
infartnation
42.3. Notice of D! ering Submeface or Physical
Con&tions• If CONTRACTOR believes that any
subsurface or physical condition at or contiguous up dx site
that is uncovered or revealed either:
4,2.3. L is of such a nature as to establish thin,
any "mdmicai data" on which CONTRACTOR is
entitled to rely as provided in paragraphs 4.2.1 and
4.2.2 is materially inaccurate, or
4.2,3.2. is of such a nature as to require a
change in the Contract Documents, or
4.233. differs materially from that shown or
E1CDC (:niNERAL CONIXTIO 65191" i1990 &(what)
W' Cr1YOF FORT MAIM MIXNF70A'n(4AY9 MEV 4 :(Fora)
indicated in the Contract Documonts, or
423.4. is of an unusual nature, and differs
materially from conditions ordinarily encountered
aril generally rccFgnircd as inherent in work of
the character provided for in the Contract
Docume ts; then
CONTRACTOR shall, peepir4y iMmed-i tely after
becoming aware thereof and before furtho disturbing
conditions affected thereby or performing any Work in
connection therewith (except in an emergency as
ppeermitted by pamgmp( 6.23), notify OWNER and
EitiGnv'EER in writing about such condition.
CONTRACTOR shall not Rather disturb such conditims
or perform any Work in connection therewith (except as
aforesaid) until receipt of written order to do so.
4.2.4. ENGMER's RMew. ENGIN1MR will
promptly review the pertinent conditions, determine the
necomssity of Olt'NER's obtaining additional explarationn or
tests with respect thereto and advise OWNER in writing
(with a copy to CONTRACTOR) of ENCIINESKs
findings and conclusions.
425. passible Canrrac3 Doe nrents (:hinge: If
INOINHER concludes that a change in the Contract
Documents is required as a result of a condition that meets
one or more of the categories in paragraph 4.2.3, a Work
C Directive or a Change Order will be issued as
provi in Article 10 to reflect.. and document the
consequences of such change.
42.6. Posaibie Price and 77mes Atumwntc An
equitable adjustment in the Contract Price or in the
Contract Timor, or both, will be allowed to the extant that
the ettisterFce of such uncovered or revealed condition
causes an increase or decrease in C'ONTRACTOR's cost
of, or time required for performance o[ the Work; subjeot,
however, to the following:
4.2.6.1, such condition must meet any me or
maro of the ca tes described in
porcagrapha 4.2.3.1 throb 44.2.3.4, inclusive;
4.2.6.2 a charge in the i'•untMd IX"mants
pursuant to perigraph 4,2.5 will not be an
automatic authorization of nor a condition
precedent to entitlement to any such adjustment;
42-6 3. with respect to Work that is paid for
on a Unit Price Basis, any adjustment in Contract
Price will Ipe subject to the provisions of
paragraphs 9,10 artd 11.9, and
4.2.6.4. CONTRACTOR shall not be entitled
to any adjustment in the Contract (price or Times
i r,
4.2.641 CONTRACTOR knew of
the existence of such conditions at the
time c:'ONTRACTOR mace a final
(xmmnitment to OWNER in respect of
Contract Priceand Contract Times by the
submission of a bid or becoming bound
under a negotiated oomnict; or
42.6.4.1 the e.�tistence of such
candinon could reasonably have been
discovered or revealed as a result of any
examination, investigation, exploration,
text or study, of the site and contiguous
arms required by the Bidding
Requac ments a Contract Documents to be
ccaducted by or for CONTRACTOR for
to CONTRACTOR's making such final
commitmerht, or
42.6.43. COISI ACTOR tooled to
give the written notice within the time and
as required by paragraph 4.2.3.
If OWNER and CONTRACTOR are arable to agree on
entidemeru to or as to the amount or kVh of any such
equitable adjustment in the Contract price or Contract
Times, a claim may be made therefor as provided in
Articles I I and 12. However, OWNER ENGINEER and
ENGINEFR's Coswitanms shall not be liable u,
CONTRACTOR for any claim& costa, losses or damages
sus aimed by CONTRACTOR on or in ormnection with any
other project or anticipated project.
4.3. Physical ContddaawUKdergroarrd Facilities:
4.3.1. Shou» or ln&cated. The information and data
shown or indicated in the Contract Documents with
respect to emsdrg ITmkrgrotmd Facilities at car
contiguous to the site is fas9ai on information and data
furnished to OW'NFR or ENGINEER by the owners of
such Underground Facilities or by others, Unless it is
otherwise expressly provided in the Supplementary
Conditions:
4.3.1.1, OWNER and ENGINEERslap not be
responsible for the accuracy or completeness of any
such information or data; and
4 3.1.2. The cost of all of the following will be
included in the Contract Price and CONTRACTOR
shall have full raslronsibility for. (�) reviewing and
checkag all such information and data, (ii) locating
all gamd Facilities shown or mificaled in the
Ccmtrac� ttDocrmeds,(ii) coordination of the Work
with the owners of such Undergrottrd Facilities
during construction, and (iv) the safety and
protection of all such Undegruurd Facilities as
provided in paragraph6.20 and repairing any
damage thereto resulting from tie Work.
4.3.2, Not Shoran or Indicatett If an Underground
Facility is uncovered or revenled.at or txxaguaus to
the site which was not shown or indit�ted in the
Contract Documarts, CONTRACTOR shall, prumpt ly
immediately after becoming aware thereof and ose
11 cr disturbing conditions atlectol thereby or
Performing any Work in connection therewith (exoTt
in an emergency as required by parPh 6 2. )),
identity the owner of such UndeVound Facility and
WDC t3G*AAb CO24t) MNS 19144 (19" Edtim)
eta' CITY OF FORT CX)I.l.IM M<)DIFICA nOriS (REV aR(M ))
give written notice to that owner and to OWNER and
ENGINEER. F.NCHNEER will promptly review the
Undergroutxl Facility and determine the extent, if
any, to which a change is required in the Contract
Docwments to reflect and document the consequences
of the existence of the Undagrotind Facility, It
I14G1NEER concludes that a change in the Contract
Documents is required, a Wok Change Directive or a
Cltarge Order will be issued as provided in Article It)
to refled and doe mein such consequences, During
such time, CONTRACTOR, shall be .responsible for
the safety and protection of such Underground
Famlity as � tided in par%$Mph 6 20-
CQNTRACTOR may be allowed an increase in
the Contract Price or an extension of the Contract
Times, or Mti, to the extent that they a e attributable
to the existence of any Underground Facility that was
not shown or indicated in the Contract Documents
and that CONTRACTOR did not know of and oculd
rut reasonably have been oTocted to be aware of or
to have anticipated If 0'WfNER and CONTRACTOR
me unable to agree on entitlement to or tie amotmt or
langtt of any such a ustmad in Comiact Price or
Contract Times, CONTRACTOR may make a claim
therefor as provided in Articles I I and 12. However,
OWNER, FNGiNEER and ENCrINF.ER's
Consultants shall not be liable to CONTRACTOR feu
any claims, coats, losses or damages incurred or
sustained by CONTRACTOR on or in connection
with any other project or anticipated project,
werence paints:
4A. OWNER shell provide engineering. surveys to
establish reference points for construction which in
ENGINEER"s judgmeau are necessary to enable
CONTRACTOR to proceed with the Work.
CONTRACTOR shall be responsible for laying out the
Work, shall and preserve the establsi ed reference
paints and sake no changes or relocations without
the prior written approval of OWNER. CONTRACTOR
shall repot to ENGINEER whenever any reference point
is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and shall be
responsible for the accurate replacement or relocation of
such reference points by profassionidly qualified
personnel.
43. s shatos, PC8s, Petrofeunt, Hauardous Wage or
i?adfoadive Adaterdal:
4.5.1. OWNER shall be responsible fa any,
Asbestos, PCBs, Petroleum, hazardous Waite rx
Radioactive Material uncovered or revealed at the site
which was not shown or indicated in Drawings or
Specification or identified in the Coraract
Documents to he withinthe scope of the Wtak and
which may present a substantial danger to persons or
prcry exposed thereto at conncdion with the Work
at the .site. OWNER <liall not be respcaisible for any
such materials brought to the site by
CommAC'rOR, Suhccmtracims, Suppppion rn'
anyone else for whom CUNTR ACTOR is
responsible
(a} fyrnp;-any-araeaxit sxlndittatrr.u+xier.wlat;h ouch
�'+iTlisA�f9-�teantitlnmeart-to-err
the 7
ether-fanf`�y-malts-a-claim-thersf� as-��vicied-in
Aoiol :-'rvmi$:
ownrieg}i&Mn 0:
or -revealed at -the she,
�!C[7G (3F.NhRht, COM7tT10NS t 9t0.8 tiA9E1 HeGr7ce0
w!CITY OF rOaT C.X?tJ,IM MOVIRCATiOMS q V4f2aael
ART IC;LF. S-BONDS AND It iu`U"NCN
Parferr ranee, Payment anti (NArr &Mds:
SA_ CONTRACTOR shall famsh Performance and
Paycneat Bouts, each in an amount at least equal to the
Contract Rice as security for the faithtut performance and
payment of all CONTRACfORs ohl ttorts mar the
Contract Mcuct menu. These I shall remain in effect
at least until one year after the date when final payment
becomes due, except as provided otherwise by Laws or
Regulations to by the Contract LXx meats.
CONTRACTOR ftlf also fienisit such other Bouts as
are required by the Supplementary Conditions. All f cods
shall be it the fiam presaiied by the Contract Documents
of t as provided otherwise by Laws or Regulations and
stall bo executed by such sureties as are named in the
current list of "Caupames Holding Cxrtiftcates of
Authority as Acceptable Sureties on Federal Bends and as
Acceptable Rainsurin� ComprunI"x as bushed at
Ciroular57o (amended by the Aata Staf2 Borneo tin
Government Financial Operations; U.S. Treastuy
Department. All Bouts signed by an agent must be
accompanied by a axtifred copy of such agent's authority
to act-
5.2.. If the surety on any Bond ftunished by
CONTRACTOR is dedaied a bankrupt or becomes
insolvent or its right to do business is terminated m any
state what any part of the Project is located or it Ceases to
meet the requirements. of paragraph 5. 1, CONTRACTOR
shall within ten days thereafter substitute another Bond
and surety, both ofivhidn must be acceptable to OWNER.
5.3. Licensed Sureties and Insumnn; CertlJfcates of
tnsunmee:
5.3.1, All Bonds and insurance required by the
Contract Documents to be purchased and maintained
by OWNER. or CONTRACTOR shell be obtained
firm surety or insurance anmpantes that ant duly
licensed or authorized in the jurisdiction in which the
Project is located to issue Bonds cc uYAtrance policies
for the limits and cxwermges so r mired. Such surety
and hwurance companies shell also meet arch
additional requirements and qualifications as may be
provided in the Supplementary Conditions.
5.32. CONTRACTOR shall deliver to OWNER,
with copies to each additional insured identified in the
Supplementary Conditions, certificates of insurance:
(aril either evi&x,,e of insurance requested b}
OWNER or any other additional insured) which
CONTRACTOR is required to purchase and maintain
in aawdance with paragraph 5.4. OWe I-R-shalt
�R�0.c�TORc ntiEts -act.-vwh
trddi4iensi--trtvtrral--idcntiftet�an--Nnu-' }
wid
?STRAACF(JR
ems-any-trdr ieh-43WAIlill--i5
fated to xsaawe-wvNn
paragraphs-54 and 5-7-hereof
CONTRACTOR's Liabitfty Insurance:
5.4, CONTRACTOR shall purchase. and maintain such
liability and other insurance as is appropriate for the Work
being performed and furnished and as will provide
protection from claims set forth below which may arise out.
of or result from CONTRACTORs performance and
furnishing of the Wort: and CONTRACTOR'S. other
obligations under de Contraot Docwnents, whether it is to
be, performed or fumishod by CONTRACTOR, any
Subcontractor or Supplier, or by anyone directly or
indirectlyy employed by any of than to perform or furnish
any oft Work, ox by anyone for whose acts any of than
may be liable
5A.1, claims urdetwoicars' compensation, disability,
benefts and other similar employee benefit acts;
5A2. claims for damages because of bodily, iniury,
occupational sickness or disease, or death of
CONfRACTOR's employees;
5.4 3. claims for damages twcause of bodily injury,
sickness or disease, or death of any person other thin
(X)N TRA(',TOR's empknym,
Sa4c4e-elaatta-•for--daimagisr--im�ed-'by-w�emiaty
P pia . .
imdiredly-reletal to-t#e-ampinyma»t suol person..by
Aet reason;
5.4.5, dims for damages, attar than to the Work
Rs 4 because of irpry to or destruction of tangible
property whower located, including loss of use
tesultingtherefrom; and
5.0 claims for damages because of bodily injury or
death of any person or property damage arising out of
the ownership. maim"nee or use of any motor
vehicle.
The policies of insurance w required by this paragraph SA
to be purchased and maintained shall:
5.4.7. with respect to insurance required by
pamgtapbs 5.4.1 drough 5A.6 inclusive ar
indUde as additional insureds (subject to any
customary exclusion in respect of professional
liability} OVnd^ Is"NG1Tv'ERR, ENG11NEER's
Conslnvs a- any other persons cr entities identified
in the Supplementary Conditiuis, all of whom shall be
lined as additional innstireds, and include coverage for
the respective officers and employees of all such
additional msauv,&;
5.4.8. include the specific wyera `es and be w7t[fenl
for not less than the limits of liability provided in the
Supplementary Conditions or required by Laws or
Regulations, whichever is greater,
5.4.9. include cxrripleted operations insurance;
E LX: QDMAL CY.tt.`U171ON51910-9 (19" E(6timi)
of Cr'rY OF FOR r txt.tAM M0tAFi C-,A n0Nti (RE4472000j
5.4I0. include contractual liability istance,
covering CONTRACTOR'S indemnity, abliggatio s
tinder pamgm* 6.12, fi_ 1 d anti 6 31 through. 1.33;
5.A.11, contain a provision or endorsement that the
coverage afforded will not be cancelled, materially
changed or renewal refused until at least thirty days`
prior written notice has been given to OWNER and
CONTRACTOR and to each other additional insured
identified in the Supplementary Conditions to whet
a certificate of irutuance has been issued (and the
certificates of instmmnce, furnished by the
CONTRACTOR pursuant to paragraph5.3,2 will so
prawide);
5,411 remain in effect at least until final payment
and at all times thereafter when CONTRACTOR may
be correcting, removing or replacing c*fediw Work
in accordance with paragraph 13.12; and
5.4,13. with respect to completed operations
insurance, and any irtetraneo coverage wiittcen on a
claims -made basis, remain in et%ct for at least two
years after fmml payment (and CON'TR.ACTOR shall
furnish OWNER and each other' additional insured
idrntiftad in the Supplementary Conditions to whom
a certificate of insurmnce has been untied evidence
mtistactory to OWNER. and any such additioiml
insured of continuation of such insurance at final
payment and one year thereafter).
MAUI* Liablilfv Insurance.,
55, fin addition to insurance required to be provided
by VJta CONTRACTOR uttdar paragraph 5.4. OWNM at
kgi n may purchase and maimairt at
OWNER's oRpimse OWNER's own liability insurance as
will prcitect OWNER against claims which may anse fimrt
operations under the C*nmc t Aocura m
Propary Insurance:
6exiditiorsr-meiniai+h
aC -the -fit -stilt
deduotible..... ameanta_...m-- may.....-40 ....provided.. in the
�dtvr
Nil
-krr�hy�ceuees-or
the _--#o-kswing,.....-perils., fire. -lightning, w4ended
OmSietwl by Re@uWiem
sr4mk%ft).
Providednatomb matAtIs-sw4equipm;�t have been
Onded
ilu&d *%
by, Ii;AtEE12 -aryl
IAY dGY4 wA#m Retina to sash e0w addilibm
MR a QPF"WAO
issued,
Me
otbar p"mmw arottifies
5.9, OWNER &W not be responsible for purdasi%
and mainwM any nerty insurance to protect the
interests of _4TRA r R. Subcontractors of ojwrs +n
the -Work 4o the-imitentof any 4aduetiblO-w%*wA&4h* are
QwjW 4Wer or Written Anienwdment.- -Prkw to
117 WC3 rYOFfORT(,0111MMC)"FIC.-ATIOMS(RFV4POW)
Lien {�r wareci by OWNER
WA
_--miens wv4m-46tW--a
damages-oowed Oweby, All
mw -.0"Iteepw
si 41WASO the
mwt; ENGINIffaV% Getv"birm and
d"0146V
S4+24,
WMh9F OF-nDt4rAvW byQWNtK' and
Riaiaiswd by Owe"
fagwo��l 1.2 M-M
of
earisequeoual - 410M -no, rights- of
reeevar}c- ef-E�t3?FF: ,�uk�attnwwrs:
diroetorss,-emplc3yeesand agerim4any-of.the m,
Receipt andApplicadion oflamounce Proceeds
5.12 Any insured loss under the policies of insurance
OUirod by pluragrapls5h and 5.7 will be adjusted with
NI R and made payable to OWNER as fiduciary fir the
insureds, as their interests may appear, subject to the
requirements or any applicable mortgage clause and of
paragraph5.13. OWiv'ER shall deposit in a separate
account any money so received, and shall distribute it in
accordance with such agreement as the patties in interest
may reach If no ,other special agreement is reached the
damaged Work shall he repaired or replaced, the moneys so
received applied on aco unt thexcuf mud the Work mid the
cost thereof covered by an appropriate Change Order or
Written Amendra at.
5.13. OWNER as fiduciary shall have power to adjust.
and settle any lass with the insurers unless; one of the
parties in interest shall abject in tmagg within fifteen drys
attar the occurrence of loss to O�WI* f3R's exercise of this
power. If such objection be madR OWNER as fiduciary•
soli make settlement with the insurers in accordance with
such agreement as the parties in interest may reach If no
such agreement among the parties in interest is reached,
OWNER as fiduciary shall adjust and settle the loss with
the insurers
tmere6t;-43WNER--as- • ry--snaR--gpva-tond..-f2u-_the
Acecptaaee ofEoadr aid Insarmtce; Option to Replace:
5,14. if
OWNER has any objection to the coverage affcrded by or
other provisiass of tux 13srtds ar insurance required to be
}wrcfiasad crap maintained by theothe'rCONfRAC'! OR in aco"cls >Ge with Article 5 of a t�s
of no-ccaufomuance with the Contract Documents, UN
-
to
the
2.7.
Partial Ult6Wlim—PropeYV Insara sce.
5.15, If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to SuWao ial
E$0I70e,V4MAL C0M110N31910-s (199e 1~dtitiiaU
wt CTTY OF FORT (SASAWS W)F FICA1IONS Oxr:-v 4t20(Xlj
Completion of all the work. such use or occupancy may
be accomplished in accordance with paragraph "14,10.
zovided that no such use or oxupancy shall conmence
lure the insurers providing the property insurance have
acknowledged notice thereof and in writing. effected any
clmriges in coverage necessitated thereby. 'rhe insurers
Providing the property insurance shall comvm by
erubrsemex on the policy or policies, but the property
insurance shall not be cancelled or permitted to lapse on
account of any such partial use or occupancy,
ABTICL1i 6•-CONTRNICTOR'S
RESPONSIBTUMS
Supervision and Slapainteadenea:
6.1. CONTRACTOR stall supervise, itspect and
direct the Work competently and efficiently, devoting
such aberntion thereto and applying such skills and
expertise as may be rstcx saty to perform the work in
accordance with the Contract Documents.
CONTRACTOR shall be solely responsible for the means,
metbods, techniqques, sequemxs and procedures of
construction, but CONTRACTOR shall not be respormhie
for the negligence of others in the design or specification
of a specil c means, method, teclunpque, sequence or
procedure of construction which is shown or indicated in
and expressly required by the Cattraot Documents.
CONTRACTOR shall be responsible to sce that the
completed Work complies accurately with the Contract
Documents.
6.2. CONTRACTOR shall keep on the Work at all
times during its progress a competent rasidernt
sAperintendrnt, who shall not be replaced without written
notice to OWNER and ENGINEER except. under
Moetdinnry oirwittamncxs The superirtendettt will be
CONTRACTOR's representative at the site and shall have
authority to act on behalf of CONTRACTOR All
oommunteatim to the intextettt shall be as bttxhng
as if given to CONTRACTOR,
Labor, Afeimrials and i4uomeaY
63, CONfRACTOR shall provide competent,
suitably qualified personnel to storey, lay out and
cortctroct. the Work as required by the Contract
Documents. CONTRACTOR shall at all times maintain
guard disc' tine and Oder at the site. Except as otherwise
required for the safety or protection of persons or the
Work or property at the site or adjaocmt thereto, and
except as otherwise Indicated in the Contract I>ocmments,
all Work at the site shall be performed during regular
working hours arcs CONTRACTOR will mn permit
overtime work or the perforniance of Work on Saturday,
Sunday or any legal holiday without OWNEks written
consent given after price written notice to ENGiNEER.
CONTRACTOR 3119l1 _NIASt UOMAm�Gl'm EpR
nn- ter,; than 43. hours in advance of any Work,-tphe
rfc ,med, m Saturday, Stir Holi ks it outside the
jLzwm1 Wcukina Foam.
6A, Unless otherwise specified ah the General
Requirements, CONTRA( -FOR shall hariab and assume
full responsibility for all materials, equipmenL labor,
transporWtinn, amstruction equipment and machinery,
tools, appliances, fuel, power, light, heat, telephone, water,
sanitary" facilities, temxrary facilities and all other
facilities and incidenta necessary for the furiahrrtg,
performance, testing, start-up and completion of the work..
64.1,...., l uc}ylsrtg Regtricti4kng: R ,pj?
must comply with lh, City's..jxrre�iasr, restrtohons. A
copy of therresoltttuam� ate avid" of tevrew in die
offices of the Purchasing and Rick MRnFkVment
J)jv_tsipn ur-lbe s otlYv�.
6;42_C_ement Restrictions: City of Fort Collins
Resotuttai 91 121 regltuar brat burciliers oust producers
of cemot o pro ilacts cgnlautijg �ementl4S. _... tj}pt
cement was riot ma in eemerit kik s
hazardous ytayte as a final:.
6.5. All materials and equipment shall be of good
c,rality artd now, except as otherwise provided in the
tract 1)octunants. All warranties and gttemnteas
specifically called for by the Specificanarts shall ex essly
run to the benefit of CANNER. If requrred lyy IsT3(`rINEF.R
CONTRACTOR skill furnish satisfactory evidence
(including repots of required costs) as to the kind and
quality of materials and equipment. All materials and
er��tpnent shelf be applied, installed, connected, erected,
tread cleaned and conditioned in accordance with
instructions of the applicable Supplier, except as otherwise
provided indw CoahactThxuments.
Progress Sekedute•
6.6, CONTRACTOR shell adterc to the progress
schedule established in accordance with paragraph 2.9 as it
may be adjusted from time to time as provided below:
6.6.1. CONTRACTOR "It submit to ENGINEER
for acceptance (to the extent indicated in
parssggrraph2.9) proposed ac ustmends in the progress
schedule that will not change the Contract Times (or
Milestones), Stich adjustments will conkrin generally
to the progress schedule then tit effect and additionally
will comply with any provisions of the General
Requirements applicable thereto.
6.6.2. Proposed adjustments in the progress schedule
that wilt charge the Contract Times (or Milestones)
shell be subtumted in accordance with the requirements
of paragraph 121 Such mijusanents may only be
made by a Change Order or Written Aniondrnait in
acc rdartce with Article 12
6.7. SubvUuresand "Or-Equal"Items:•
6.7.1. Wh m—ver an itan of material or equipatent is
specified or dtvunl)ed in the Contract Docunents by
using the mime of a proprietary item or tie name of a
articular Supllier, the spieecificatimm or description n is
mterxkd to establish the type, function and quality.
required Unless the specification or description
h 61 MdiENI--KAL 9ONDiil011619105 (1990 Edaiao
w: 0 TY OF rOR'T COndJ M M(H IFU'AnOM (RFV A(2tea)
contains m is followed by words reading that no like,
equivalent or "or -equal" item or no substitution is
permitted, other items of material or equipment or
material or equipment of other Suppliers may, be
accepted by IN43 NEER under the following
cirommstaroes:
6.7.1.1, 'Ur -Equal". If in GNGfNEWs sole
discretion an item of material or equipment
propped by CONTRACTOR is functiomlly
equal w that named aril sutxiaientlysimilar so that
no change in related Work will be required, it may
be considered by ENGINEER as an "a al"
item, in which case review and approval of the
proposed item may, in ENGfNIEER's sole
discretion, he accomplished without compliance
with some or all of the requircments for
acceptance of proposed substitute items.
6.7.1.2. Substiftae Manse• If in ENGINEER's sole
discretion an item of material a rxgt�n ant
proposed by CONTRACTOR does trot qdY as
an "or-tqu " item under subparagraph 6.7.1.1, it
will be considered a proposed substitute itam
(,X.)NTRACTOR shaU submit sufficient
information as provided below to allow
ENGINEER to determine that the item of material
or equipment proposed is essentially equivale.tw to
that named and an acceptable substitute therefor
The procedure for review by the ENGINEER will
include the following as sup�ancriled in the
General Requirements and as NGfNEER may
decide is appropriate under the citeumstances.
Requests for review of pro powd substitute items
of material or equipment will not be accepted by
ENGINT'Es R fiora anyone other than
CONTRACTOR. If CONTRACTOR wishes to
furnish or use a substitute item of material a
equipment, CONTRACTOR shall fast make
written application to HNG1NEER for acceptano
therea, certifying that the proposed substitute will
perform adequately the functions and achieve the
results called for by the general design, be similar
in substance to that spenlned and be scatted to the
same use as that specified The application will
state the eximo, if any, to which the evaluation
and acceptance of the proposed substitute will
prejudice CONTR.ACTOR's aduovemaw of
Substantial Canpletion of time, whether or not
acceptance of the substitute for use in the soak
will require a change in arty of the Contract
Documents (or in the provisions of any other
direct contract with OWNER is work cn the
Projod) to adapt the design to fla: proposed
substitute and whether or not uxxrrportitioi or use
of the substitute in conmeti n with the work is
subject to payment of any license fee or royalty.
All variations of the propoxsed substitute from that
specified will be idcotitcd in the apphtetitm and
available maintamnce, repair and replacement,
service will be indicated The application will
also contain an itemized estimate of all costs or
credits that will result directly or m&ectly from
acceptance of such substitute, including costs of
redesign and claims of other contractors affected
by the ovailting change, all of which will be
considered by ENGINEER in evaluating the
proppoosed substitute. ENGFNUR may reyutre
CONTRACTOR to furnish additional data atxwt
the proposed substitute.
6.7.1.3. COVMC MR's Expense: All data to be
paoeided by CONTRACTOR in support of any
}goosed "or -equal' or substitute item will be at
CONTRAC TOR's expanse.
67,2, Subshnefe Conviruchon Methods or
Pmeeghaes.� : If a e tic means, methaxt technique,
sequence or laoeedure of construction is shown or
indicated in and expressly required by the Contract
Documents, CONTRACTOR may furnish or utilize a
substitute mans, method, technique, sequence or
procedure of ccrosrruction acceptable to ENGINEER,
CONTRACTOR shall submit 3uflicient information to
allow RNGINERk in ENG1N13M sole dwrtition, to
determine that the sui tituta proposed is equivalent to
that axprrsaly calms for by the Contract Documents.
The procialure fir review by ENGINM will be
similar to that provided in subparagraph 6.7.12
6.73, Engineer's Eveduadon: ENGINEER will be
allowed a reasonable time within which to evaluate
each proposal or submittal made pursuant to
paragraphs 6.7. 12 and 6.7.2. ui NGINEER yiU be the
sole judge of acceptability. No 'or -equal. or
substitute will be ordered, installed or utilized without
MGINEER's prior written acceptance which will be
evidenced by either a Chair Order or an approved
Shop Draw4. OttX�NER may require
CONTRACTOR to fnmiah at OONTRACTOR's
expense a special perlmniance guarantee orother
surety with respect to any 'or -equal' or guMttae.
ENGINEER will record time required by
ENGINEER and FNGMWR's Consultants in.
evaluating substitmes proposed or submitted by ¢19,
CONTRACTOR pursuant to paragraphs 6.7.1.2 mid
6.7.2 and in making changes in the Contract
Documents (or in dha p[ovisitim of any other direct
contract with OWN1;12• for work ceThe Project)
cceaskoed thereby. 'Whether or to ENGh WJ;L
accepts a substitute item sec Prroompwsed or siinnitied by
CONTRACTOR, CON'CRACT'OR shall reimburse
OWNER for the ON" of ENGINEER alai
h?NGINEEIVs Consultants fox evaluating each such
proposed substitute item,
Concerninging 8ubreantradatA, Suppliers and
eon:
6.8.1. CONTRACTOR shall not employ any
Subcontractor, Supplier car other person or organization
(including tRxtse acceptable to OSVNFR and
ISTGINEFR as indicated in paragraph 6.8.21 whether
initially or as a substitute, against whom OWNM or
FNGT,-IiF.R may halve reasaande objection.
CONTRACTOR shall not be required to airplay any
Suhcommetor,� gqaalier or other persori or organization
to furnish ur perform any of the Work apinst when
CONI•RA(7£OR has reasonable objection
EXI)CO WAAb c*OM'DOM 79103(199e EdTim)
w!CITYOFFOl(9Cy.)IIJ t4M(.4)IFICAnONS(REVd�,12M])
GONTRA(:I'OR s11011 perform t ss tlt�t ?)
I53 en o v l kl
wtdout subcontract ) TFte 2�emt rg( �remenr
shall be understood it) rCfCr YO tl7e work iI1C Vallli, Of
Aih weals ntt,;ess aR 1 pefge of - tkttract
price>
6.82. 14- 0x0- latter ty--k�ooililao I3, jet 1,)g
Aactnmapda require the identity of certain
Subcontractors, Suupppliers nr t}ar persons or
cxganizan(ays (incltuiing those who are to furnish the
prnneipat items of materials or equipment) to be
submitted to OWNER it adv�e- eeif�d
data prior to the Effective Date of the Agreement for
�acceptance by OWNER and b"NGINE%R,...arid. .-if
aeccadanae.....with-tlw......Suppiamwdary._..# tttrglitit
OWNER'$ or ENGINMR's acceptance (either in
writing or by failing to make written objection thereto
by the date indicated for acceptance or objection in
the hiddir* documents of the Contract Dort ments) of
—on or
an Ohl
basis-ef-reasenal� objection after-Otte-tmtgvti�,etitat;
x ,Wuvnnn au fury sucrt aurcoraraoacr, .5uppuar or
(titer person of organization shall amstitttte a waiver
of any rght of OWNER or ENGINEER to rgoxt
gigjecfh e Work.
6.9.1. CONTRACTOR shall be fully �t le to
OWNER and ENGINEER for all acts and anipis
Of the Subcontradors, Suppliers and other parsons
and organizations performing or funtishing any of the
Work tmdet a direct or indirect contract with
CONTRACTOR just as WNTRAC"TOR is
responsible for CONTRACI'OR's own ads and
omissions. Notting in the Contract Do cumerts shall
creak for the benefit of any such Subcontractor,
Supplies or other person or organization any
cuntractua. relationship between OWNER or
ENGINEER and any such Subcontractor, Supplier or
other person or organization, nor shall it create airy
obligation on the part of OWNER or ENGINEER to
pay or to see w the payment of arty moneys due any
such Subcontractor, Supplier or other person or
organization owept as may otherwise be required by
Uwsand Regulations. Qlk�G tuaX
Furmsh,ui an subcontractor, supplier ox other
.
orevideri Demon
�Sntl of a++owts .p to
C OMR.k TO in sc _c _with
CONTRACTOR'S " lnwbou £x Fayll�cnl",
13
6.9,2 CONTRACTOR shall be solely responsible
for scheduling ad cootdi sting the Work of
Subcontractors. Suppliers and other persons and
organirxtions performing or firnishing any of the
Work cinder a direct or indirect, contract with
CONTRACTOR CONTRACTOR shall re sire all
Subcontractors, Suppliers and such other persons and
art an MUOus pertorming or furnish; any of the
Work to cxumtmicate with the ENGi13EER darotigb
CONTRACTOR
6.10, The divisions and sections of the Specifications and
the identifications of any Dnrwinp shall not control
CONTRACTOR in dividing the Wort among
Subcontractors or Suppliers or delineating the Work to ix
performed by any specific trade,
6.11. All Work performed for CONTRACTOR by a
Subcotractor or Supplier will be pursuant to an
pptclate agreement between CONTRACTOR and the
bcar8rador or Supplier which specifically binds die
Subcontractor or Supplier to the applicable terms and
conditions of the Coittrad Documents for the benefit of
OW'Nhltmid ENGINEER. Wlsaiever-anyeuohflgreanem
is vvidr a-fi ti
additiwml-u sitwd era +he-f l Y rope swe 1 ipriderf-in
KNGINEK .....RNGrP 1>6P%-Qinstltems-anti -ell .-ether
aris§tgaut-ofor-re�rltogfrms-shy eidte�'iL4o7rrvet'ed-by
ere
4he�-Work:._....�lf-t}na-itaruaea_oa+-eny...tanah...polioies���r+joluire
Peden Fees and Royables.•
6.12. CONTRACTOR shall lay all license fees and
royalties and assume all casts meidernt to the use in dre
pertormauce of tie Wok or the incorporation in the Work
of any invention, design, process, product or device which
is the subject of patent rights or copyrights field by otters.
if a particular inve nticn, design, pis, Trod uct or device
is specified in the Cot*w Documents for use m the
performance of the Work and if to the sofas] knowledge of
OW'NM or ENGII6EM its use is subject to patent rights
or copyrtglns ending for the payment of any license f-ee or
royalty to others, the existence of such rights shall he
dosed by OWNER in the Contract Documents To die
fullest extent permitted by Laws and Regulations.
CONTRACTOR shall ipdefun* and hold lianidess
OWNIJ2, ENGINEER. UNGINERR's Consultants and the
officer:„ directors, employees, agents and other oonsultants
cif each and say of them from and against all claim-, costs,
losses and damages arising out of or resulting from any
inthrigai etil of patent rights orcup iricid sit to the
use in the performance of tine WodcYosresulting, from the
incorporation in the Wo & of any invention, desigpi.
prco"ss, product or device no specified in the Contract
Docwncnis
la EX'DCOFNEK L('at�tuatorrslaro-x(i99QEaivatt
wr Cxtw OF FOR r oxitr.nas Mo7ntEn'ATIOM MEV4 r?mroi
Permits
6.13. Unless otherwise 'tied in the Supplemsntary
Conditions, CONTRACTOR Ztl obtain a�ul pay for all
construction permits and licenses. OWNER. shall assist
CONTRACTOR when n in obtaining such
permits and licensesc. CONTTRACTOR stall pay all
governmental charges and inspection fees necessary for
the prosecution of the Work, which are applicable at the
time of ring of Rids, or, if there are no Bids, tat die
Mective Date of the Agreement. CONTRACTOR shall
pay all charges of utility owners for connections to the
Work, and OWNER shall pay all charges of such utility
owners for capital costs related thereto such as plant
investment fees,
Laws and Regulagons.
6.14.1. CONTRACTOR stall ygive OR notim and
romplyy with all Laws arum Rcgtdati(M applicable to
Gritaturng and performance of die Work. &scoot
where otherwise mgtraady regtued by applicable
Laws and Regulations; neither OWNER nor
ENGINEER stall be responsible for monitoring
CONTRACTOR'S compliance with any Laws or
Regrilatki ns.
6.14.2. If CONTRACTOR performs any Work
knowing or tavtm'ngg reason to know that a is contrary.
to Laws or Regulations, CONTRACTOR shall bear
all claims, cads, losses and damages caused by,
arising out of or resulting therefrom, however, it shall
not be CONTRACTOR's primary tespnnsibility w
make certain that the Specifications and Drawings are
in accordance with Laws and Regulations, but this
shall not rehave CONTRACTOR of
CONTRAC"TOR's obligations under paragraph 33.2,
Taxes:
6.15. CONTRACTOR shall pay all solos, consumer.
use and other similar mites required to be paid by
CONTRACTOR in eccotlame with the Laws and
Regulatms of the .place of the Project which are
applicable during the petfortnance of the Work
6.15.1. OWNER is a mmit t'ratt Gokeado Sate aril
l�l �� J11Ztl use taxes � _mataisls inn ba
l>ci111§T�nttl � __.l£d-lid!?_ti>e._olp?l _ `�� nixes
an
ra t be irJirl tint Cataract ce.
Adress'
ColuraA D_CMArnentofRevamll
State Cal M
SECTION 00500
AGREEMENT FORMS
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
37s1__._Sl _an Street
fJe, Wmr,r_Cokriidoe $0261
Sales_ anxi jse Jsms fix..,,ilx Stet __.zit Colexa l
Tx n € D ccrtain
Colorado comities are ghlleqted by the Stnta o'
Colotadu , l...ate malFrStnc _in fate Certifipatiorn of
&xentittala.
AlI�-.th�p>Jj_tabie,.lys nr>d lsc._Tsrs.jnEiolfpg Slate
collepted taxes),. an am items_othher than eevmtnlciaeH
livildirer i aced ' �c
got a to the pgid CONTRACTOR and are toJ1_el%tiSpx�te bitl'ti ems.
Use ofPremoes:
6,16. CONTRACTOR shall confine construction
equipment, the storage of materials and equipment arid the
operations of workers to the site and land and areas
identified in said permitted by the Contract Documents and
other Ind and arms permitted by laws and Regulations,
ts righf way. permits and easemans, and shall not
unreasonably encumber the premises with construction
Mipment or other materials or equipment.
NTRA6 TOR shall aaatme full reslxn0 lity for any
damage to any suds land or area, or to the owner or
occupant thereof or of any adjacent land or areas, resulting
from the performance of the Work. Should any claim be
made by any such Owner of occur tmc because of the
performance of the Wady, CONTRA _ TOR shall promptly
settle with such other party by niegotiatton or otherwise
resolve the claim by ar&ation or other dispute resolution
procacding tr at law. CONTRACSt1R shall, to the fullest
tatter lernnttted by Laws and Regulations, indemnify and
hold harmless OWNER, ENGINEER. ENGINEER'S
Consultant and atryrate directly or indirectly employed by
any of them from and against all claims, costs, losses and
damages arising out of or resulting from any claim or
action, legal a equitable, brought by any such owner or
aaaxpam a imst OWNER. L•'NGINF.ER or any other party
indemnifilereunder to the artert caused by or based
upon WNTRACTOXs performance of the Work.
6.17. During the pt'oQtass of the Work. CONTRACTOR
shall keep the premises; free from accumulations of waste
mawals, nibbah and other debris resulting from the
Work At the conplation of the Work CONTRACTOR
shall. remove all waste materials; rubbish and debris from
and about the premises as well as all tools, appliances.
construction equipment and machinery and surplus
materials. CONTRACTOR shill leave the site clean and
reedy for occupancy by OWNER at Substantial
Conpletiun of the Work. CONTRACTOR shrall restore to
original condimon all property not designated for alteration
by the Contract Documents,
6.18. CONTRACTOR shall not load nor permit any quart
of any structure to be loaded in any maser that will
endanger the structure, nor shall CONTRACTOR subject
any part of the Work or adjacent property to stresses or
presumes that wi It endaigca u
Record Documettty,
F)CDC( WEKA4CONAft10M 1919-$(19996dml)
wJ(TtY OF FORTCk)1d,EMMCannFlCAnOM(RFV,12M)J
6.19. CONTRACTOR shall matmam ih a safe place at
the site one record cagy of all Ihawings, Spccifncations,
Addends. Written Amendments. Change Orders, Work
Change Directives, Field Orders and written
interpretations and clarifications (issued pursuant to
paragraph 9A) in good order and annotated to show all
durrtges made during ring constriction. These record
documents together with all approved Samples and a
counterpart of all approved Shop Drawings will be
available to ENGINEER for reference. Upon completion
of the Work, and, prim to telmsa of final luhymerlt, these
record documents. Samples and Slop Drawings will be
delivered to ENGTNEbk for OWNER.
Mfe{v and Protection:
626. CONTRACTOR shall be responsible for
initiating, maintaining and supervising all safety
preceamons and programs in connection with the Work.
CONTRACTOR shall take all necessary precaudem fix
the safety ol� and snap provide the necessary protection to
prevent damage, injury or Toms to!
6IX1. all persons on the Work site or who may be
affected IV the Work:
6 20.2, all the Work and materials and equipment to
be incorporated therein, whether in storage on or off
the site; and
6.20.3. other property at the site or adjacent thereto,
including trem shrubs, lawns, walks, pavements,
roadways, structures, utilities and Undergrotitd
Facilities not designated for removab relocation or
replacement in the course of construction.
CONTRACTOR shall cam.ply with all applicable Laws
and Regulations of any public body having jurisdiction for
safety of persons or property or to protect them from
damage, injury or lows; and shall erect and maintain all
necessary saf s for such safety art protection.
CONTRACT D dull notify owners of sdjacent property
and of Undmyound Facilities and utility owners when
prosecution of the Work may a1%ct them, and shall
cooperate with them in the protection, removal, relocation
and replacement of [}spin prnpsrtp. AA denPge, myury or
loss to any property referred to in pamgrapls b.29.2 or
6.20.3 caused, directly or indirectly. in whole or in part, by
CONTRACTOR, any Subcontractor, Supplier a any
other person or organization directly or uidbrccW
employed by arty of then to perform or furnish any of de
Work or anyone for whose acts sn of them may be liable,
shall be remedied by CONTRACTOR. (except damage or
loss attributable to the fault of Drawings or Specifications
or to the acts or omissions of OWNER or ENtiINEkR or
ENGINEER'S Consultant or anyone employed by any of
thou or anyone for whose sets any of them may lie .liable,
and not attributable, directly or indirectly, in whole or in
port, to the fault or ncgligentce of CONTRACTOR or any
Sul camrackx, Supplier or other pasta or organ'ltation
directly or indirectly empployed by any of them).
CONTRACTOR's duties and respo�arhtlitics forthhe safety
mid protection of the Work shall coxuinue until such time
mail the Work is completed and ENGfK(;V R has iatuel a
15
notice to OWNER and CONTRACTOR. in accordance
With paragraph 14.13 that the Wort is acceptable (except n^s
otherwise expressly provided in connection with
Subatantial complemon).
6.21. Sof&Y)?eprerenarriv¢:
CONTRACTOR "I designate a qualified and
experienced safety representative at the site whose duties
and reslnmsibilitics shall be the prevention of accidents mid
the maintaining and supervising of safety precautions and
program&
Haurrd Communication Program.
6.22. CONTRACTOR stall ' be responsible for
voo dntating any err is nge of material safety data sheets of
orb= hazard crimmunwitu n information required to be
made available to or exchanged between or among
enploYers at the site in stcoirdarnce with Laws or
Regulation,
Ditetgeneter
6.23. In emergencies affecting the safety or protection of
persons or the Wink or p roMty at the site or ads acrnt
thereto, CONTRACTOR, without special instruction or
authoriatUo n Cron OWNER or ENGINEER, is obligated to
act to prevent threatened cis injury or loss.
CONTRACTOR shall re EtSO prompt written
mince if CONTRACTOR believes that any sigtiticant
changes in the Work or variations from the Contract
Documents have been caused thereby. If ENGINM
determines that a change in the Contract Documents is
required because of the action taken by CONTRACTOR in
response to such an emergency, a Work Change Directive
or Change Order will be issued to document the
consequences of such action
6.2A Shop Drawings and 5amphw
6.24.1. CONTRACTOR shall submit Shop Drawings
to EN61NEM for review and approval in accordance
with the accepted schedule of Shop Drawow and
Sample sutwitmis (sae paragraph, 4). lilt sibastmats
will be identified as FN('YINRhR may r tits and in.
the number of opus specified m du General
Requirements. The data shown on the Strop Drawings
will be complete with respect to gtantitits,
dimensions, specified perfonnanet and design criteria,
materials and similar data to show ENGINEER the
materials and cryiipttent CONTRACTOR proposes to
provide and to enable ENGNEM to review the
information for die limited purposes required by
paragraph 6 26-
6.242. (Y)NTRA(7TOR shall also submit Samples w
ENGINEER for review and approval in accordance
with said aeocpted schedule of Strop Drawings mid
Sample submntats. Each Sample will be identified
clearly as to material, Supplier, pertinent data such as
catalog numbers and the use for which intended and
otherwise as ENGINEER may require to enable
04GINMER to review the submittal for the limited
t CCOENEXAL,CONtXTIOM191G-4(1990EditiuQ
16 w'CiTY OFFfaiit7r)t.AM M{Stit11CATIOM M114209fil
purposes required by parag iph 6:26. The numbers
of each Sample to he submitted will be as specified in
the Specifications.
625 Subvdirut Procedures:
6.25.1. Before submitting each Shop Drawing or
Sang CONTRACTOR ilallhave .determined and
verified:
6..5.1.1. all field measurements, quantities,
dimensions, specified performance criteria,
installation requirements, materials, catalog
numbers and similar information with respect
thereto,
6.25.1.2. all materials with respect to untended
use, tabrication, shi ng handling, storage,
assembly and iiiAal [ion pe tainsg to the
performance Of the Work, and
6.25-1.3. all information relative to
CONTRACTOR's stile responsibilities in respect
of menu, methods, techniques, sequences and
procedures of construction and safety precautions
and programs incident nt ftreto.
CONTRACTOR shall also have reviewed and
coordinated each Shop Drawing or Sample with other
Shop Drawings and Samples and with the
requirements of the Work and the Contract
Document&
6.25.2. Each submittal will bear a stain pp or specific
written indication that CONTRACTOR pas subsfied
CONTRACTOR'S obdipations under the Contract
Documents with respect to CON'rRACTOWs review
and approval of that submittal-
6.25.1 At the time of each submission,
CONTRACTOR shall give ENG1N 'ER specific
written notice of such variations, if any, that the Shop
Drawing or Sample submitted may have from the
requirements of the Contract Documents, such notice
to be in a written communication separate from the
submittal; aril, in addition, shall catise a specific
notation to be made on each Strop Drawing and
Sample submitted to ENGINE 3R far review and
approval of each such vatiation
6 6 ENGINEER twill review and approve Shop
Drawings aril Samples in accordance with the schedule of
Shop I)mw7ns,,w and Sample submittals accepted by
D49MEFR as required by paragraph 2.9. ENGINEERs
review and approval will be only to determine if the items
covered by the submittals will, after installation or
incorporation in the Work, conform to the information
given in the Contract Documents and be cunnpatible with
the design concept of the completed Rojeet as a
functioning wtwle as indicated by the Contract
Documents ENGINEEER's review and approval will not
extend to mran+ methods, techniques, sequemxs or
procedures of construction (except where a particular
nitans, method, technique, sequence or procedure of
ean'ftctran is specifically and zxpressly called for by the
Contract Documents) or to safety precautions or programs
incident thereto. The review and approval of a sseeppaarate
item as such will not indicate approval of the asse ly in
which the item functions, CONTRACTOR shall make
corrections required by INGiNEER, and shall return die
required number of corrected copies of Shop Drawings and
submit as requited now Samples for review and approval.
CONTRACTOR shall direct specific attention in writing to
revisions other than the eorroctiow called for In
FNGINIMR on previous submittals.
627 ENGiNEER's review and approval of
Drawings or Satuples shall not relieve CONITiZU1
107
from responsibility for nny variation from the requirements
of the Contract Documents unless CONTRACTOR has m
writing called ENGINEEWs attention to each such
variation at the time of submission as required by
Paragraph 6.25.3 end ENGINEER has given written
approval of each such vartatic t by a specirm written
notation thereof incorporated in or accompanying the Shop
Drawing of Sample appp�rnal; nor will any approval by
ENGINEER relieve CONTRACTOR from respratsibihty
for ccimplying with the requirements of paragraph 6.25.1.
6.28. Wham a Shop Drawing or Sample is required by
the Contract Documents or the scbo&Ie of Shop Drawing
and Sample submissions accepted by ENGINEER as
required by fsiragiwph 2.9, any related Work performed
pion to ENO 6 'a review and approval of the pertinent
sutanittal will be at the sole expense and rasponwbi ity of
CONTRACTOR.
Continatng the Work:
6.29. CONTRACTOR shall can) on the Work and
adhere to the progress schedule during all disputes or
disagreements with OWNER. No Work stall be delayed or
postponed pending resolution of any disputes or
disagreements, except as permiued by paragraph 15.5 or as
OWNER and CONTRACTOR may otherwise agree at
writing,.
6.30. CNMCTOR's General Warsrzoth, are!
Guarantee:
6.30.1. CONTRACTOR warrants and guarantees to
OWNER, ENGINEER and ENGINEER's Consultants
that all Work will be in accordance with the Contract
Documents and will not be defective.
CONTRACPOR's warranty and guarantee hereunder
excludes defects or damage caused by.
6.30.1.1. abuse, modifieaticun or improper
mai.ntercmce. or operation by persons other than
CONTRACTOR, Subcontractors or Suppliers; or
630,1.2. normal wear and tear under normal
usage.
6.30.2. OCINTRACTOR's obligation to petfornn and
complete the. Work in accordance with the Contract
Documents shall be absolute. None of the following
will constitute an acceptance of Work that is not in
"CIX7 iPEZ*AAL Cr}NDMONS 191 e8 (11)" Etiriat)
W Curl" OF FOa'f !X)L6rlr9 MO[iaFlGA7[ONS (aEY A�2(Hx5)
accordance with the Comet Documents or a release
of CONTRACTOR's obligation to perform the Work
in accordance with the Contract Documents:
630.2.1. observations byENGMFER.,
6.30.2.2. recommendation of any program or
final payment by LNGINEFR.
6.30.2.3. the issuance of a certificate of
SUbsWrItiml Completion or any payment by
OWNER to CONTRACTOR under die Contract
lkxn merits;
6.30.2.4, use or occupancy of the Work or any
part thereof by O W^dldt,
6.30.2,5. any acceptance tW OWNER or any
failure to do so;
6.302.6. any review and approval of a Shop
Drawing or Sample submittal or the issuance of a
Of OO �P 13ihty by ENOMER pursuant
to parigniph
6.30.2,T arty inspection. test or approval by
others, or
6.30.2.8. any correction of defective Work by
OWNTHR.
iindemnifucadon:
6.31. To the foulest extent permitted by Laws and
Regulations, CONTRACTOR anal] indemnify mat hold
harmless OWNER, ENGINEER, ENOINEER's
Consultants and the officers, directors, employees, agents
and other consultants of each and any of them from and
Against all claims, costs, losses and damages (including,
but not limited to, all foes and charges of esgmms,
architects, attorneys and other profeasio nals and all court
or arbitration or other disparate resolution coats) canned by,
adsittg out of or MWIting from the perfe mence of the
Work, Out that any such claim, cast, loss or damage:
(i) is attributable to bodily injury, sickness, disease or
death. or to injury to or desavdicm of tmgibla pmpert�
(other than the Work itsell), including the bss of use
resulting therefrom, and (ii) is caused in whole or in part
by any negligent act or omission of CONTRACTOR, any
Subcontractor, any Supplier, any persat or orgarizabon
directly or irditeetly employed by any of them to perform
or Roush any of die Work or anyone fur whose acts any
of there may lac liable, regardless of whether or not caused
in part l any negligence or omsission of a person or entity
inderm red hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations
re1prrdless of the n eghgence of any such person or entity.
632. In any and all chums againist OWNER. or
ENGINEER or any of their respective coraultmits, agents,
officers, directors or employees by any employee (or the
survivor or personal representative of such employee) of
CONTRACTOR, any Subcontractor; any Supplier, any
person or organization directly or indirectly employed M,
17
arty of them to perfomt or furnish any of the Work or
anyone for whose acts any of than may be liable, the
inderindicatiot obligatidm under pamgmph6.31 shall not
he limited in airy way by any limitation of the amount or
type of damages, compensation or bate6ts payable by or
for CONTRACTOR or any such Subcontractor, Supplier or
other person or organimtion under workers' compensation
acts dimbilityberteefitoluorother employee benefitacts,
6.33. The indemnification obi snouts of
CONTRACTOR twirler paragraph 6.31 shall not extend to
the liability of ENGTNFE'R and ENGiNEER's Consultants,
officers, directors, employees or agents roused by the
professional negligetvxc erras or m isions of any of them.
Sunni of Obligations:
6.34. All repreacntations, indemnifications, warranties
and guarantees made it required by cc given in accordance
with the, Contract Documents, as well as all contmut'ng
obligations indicated in the Contract Documents, will
survive fiml payment, eomplaicn and acceptance of the
Work and terminrauot or completion of the Agreement
ARTICLF 7- 0-TM: t WORT(
Related Wm* at Site:
7.1. OWNER may perform other work related to the
Project at due site by OWNER's own fortes, or let offer
direct contracts therefor which shall contain General
Conditions sunilar to these, or have other work performed
by utility owners. If the feet that such otter work is to be
performed was not noted in the Comma Docutmets, then:
() written notice thereof will be given to CONTRACTOR
prior to starting any such other work and
(h) CONTRACTOR may maker a claim therefor as
provided in Articles 11 and 12 if CONTRACTOR, believes
that such performance will involve additional expense to
CONTRACTOR or requires additictial time and the parties
are unable to agree as to the amount or extent thereof
7.2. CX)NTRACT0R shall afford each other contractor
who is a patty to such a direa cotraot and each futility
owner (arid OWNER, if OWNER is performing the
additional work with OWNER's employees) proper and
safe access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and
the execution of such other work and shall properly cermccE
and coordinate the Work. with theirs LJnk s otherwise
provided in the Ctrtuaa Demmer" CONTRACTOR
shell do all cutting, fitting and patching of the Work that
may be required to make its several parts cone together
pro}}�sly and integrate with such other work.
CONTRACTOR shall not endanger any work of others Fay
oamirag, cot wvotintg ix otherwise altering their work and
will drily cut or alter their work with the written consent of
ENGMER and the others whose work will be affected.
The duties and re- sibilities of CONTR_AC"fOR tinder
this paragraph sue fox the bdiefnt of such utility owners and
other contractors to the extent that there are comparable
IS UrDC QFNTRAI. C(NvD1110M 191a44199a&cNaaut
wf C911OF FORT IX0111M MODIftCA11CANLS (A HN14,360(1)
provisions for the bowfit of CONTRACTOR in said
direct contracts between OWNER and such utility owners
and other cottractors.
7.3. if the ]roper execution or results of any part of
C ONTRACTOR's Work de��dis up m work performed
by edicts under this Artie 7. CO2�TRACTOR shell
inspect such other work and promptly report to
GIdGIf FrR in writing arty delays. defects or deficiencies
at such ocher work that raider h unasvadeibic or unsuitable
rot the proper execution and results of CONTRACTOR'S
Work CON TRACTOR's failure so to report will
constitute an acceptance of such other work as fit and
proper fur integration with WNTRACTORs Walk
except for latent or notapporent dorms and deficiencies
in such other work.
Geariisadon:
7.4. if OWNER contracts with others for the
performance- of other work on the Projou at the site, the
following will be set fordo in Suppleiuentary Conditions:
7A I. the person, firm or corporation who will have
authority and responsibility for coordination of the
activities among the various prime contractors twill be
id ntifitd;-
7A1. the specific matters to be covered by such
authority and responsibility will be itemized; and
7.4.3. the extent or such authority and
responsibilities wig be provided.
Unless otherwise provided in the Sulgkmentary
Conditions, OWNER shall have stale authority and
responsibility in respect of such coordination.
ARTICLE R--OWNWS R11NPONSIH1L1TI&S
8.1. bxcj p as otherwise provided in these General
Conditions, OWNER sball issue all communirntitxts to
CONTRACTOR through HNGINEER.
8.2. in case of tirminatiin of the employment of
FltG12lfi131t, OWNER halt appoint an axer west
ivhaun C®PdT3gAOTAI� t :rot oesser—MeeF ttetu
whose status under the Contract Documents shall be that
of tie former ENGINEER.
83 OTVNFR vlsll furnish the data required of
OWNER wader the Cori act DuLurnentS promptly and
shall make payments to C()N1RAC7'()R promptly when
they are duo as provided in paragraphs 14.4 and 14.13,
8.4 OWNTFRs duties in respect of providing lands
and casements and providing crigme"mg curve's to
establish reference points are set Earth in paragalz4.1
and 4.4. Paragraph4.2 refers to OWNERS identifying
and making available m CONTRACTOR copies of
reports of explorations and test/ of adxurface conditions
at the site aid drawing.% of physical conditions in existing
structures at or contiguous to tho site that have been utilized
by ENGTINIXR. in preparing the Contract Documents.
�-raatnfa�lg-1 . .
forth i v arngrapha 5 4-dwetigh-5:14:
8.6. MINER is obligated to execute Change Orders as
indicated inpamgraph 10.4.
83, OWNER`s responsibility in respect of censin.
inspections, tests and approvals is set forth in
paragraph 13.4
SX In corinectdon with OWN BR's no to stop Rork or
suspend work, we paragraphs 13.10 and 15.1,
Paragraph 15.2 deals with OWNER's right to terminate
services of C011rRACTOR under certain circumstances
11.9. The OWNER shall rut supervise, direct or have
control or authority over, net be responsible fix,
CONTRAGTOR's means, methods, techniques, sequences
or procedures of construction or the safety precautions and
whits incident thereto, or for any failure of
CONTRAC 'OR to comply with Laws and Regulations
applicable to the furnishing or i��ecformaxwe of the Work.
Oil NE will not be respaisible for CONTRACrOR's
failure to perform or furnish the Work in ac cords= with
the Contract Documents,
S,10:---0WNX RRps-r lsdhilhty_in..respect-o€1111disoltaed
Asbestos, PgBs�
Radioactive-NUtetiala...unoovered.. or revealed at -the -site -is
isfy--F}W#"617'a
OF the
the
'�tpplenier>tary"46ndsN0rx
ARTICLE 9—ENGINEER'S STATUS DURING
CONSMUCTIOtN
091WR's RVretwthrtive:
9.11_ ENGINMR will be OWXrRs representative
curing, the construction period. The duties mid
respxxnnbv.litics and the limitatitrs of authority of
ENCtNMR. as OWNER's representative during
construction are set forth in the Contract Documents and
shall not be extended without written consent of OWNER
and SNGINRER.
i wa- to ,Slit.:
%1 ENGMER will make visits to the site at intervaLs
app��va�mme to the various stages of construction as
NIGLh E deems nee essary in order to observe as an
experienced and qualified design professional the progress
Mt)COD"AL C7-gt01710M 19104 (19" Edlial)
Wi CITY OF FORT 001,11M M(x.)IEICATIONS (Rfiy 4,70M)
that has been made and the quality of the various aspects
of CONTRACTOR's executed Work Based on
information obtained during such visits and observations,
RN INTfiER will endeavor for the benefit of Okkl MR to
determine, in general, if the Work is proceeding in
accordance with the Contract Documents. ENGINEER
will not be required to make eeclinustive or continuous on
site inspections to check the quality or quantity of the
Work. ENGINUR's efforts will be directed toward
providing for OWNER a greatrt degree of confidence that
the onmpieted Work will conform generally to the
Comracx Documents. On the basis of such visits and on -
site observations, R. NGWRIM will keep OWNER
informed of the progress of the Work and will endeavor to
guard OWNER against def erive work. INGINERR's
visits and on -site observations are subject to all die
limitations on &VGINEER's authority and responsibility
set forth in paragraph 9.13, and parucularly, but without
limitation, ckam6 a as a result of ENGIN EWs on -site
visits or observaurns of OONfT2ACTORS work
ENGINEER will not supervise, direct, control or have
autuuity over or be responsible for CONTRAC.TOMi
means metuds, technigom sequences or pr ccdures of
construction, or Ott safety promotions and programs
incident thereto, or fear any failure of CONTRACTOR to
comply with Laws and Regulations applicable to the
furnishing or performance of the Week -
Project RWraentative:
9.3, If OWNER and ENGINEER agree, ENCTINEM
wiq furnish a Resident; Project Representative to assist
ENTO VEER in, providing more cmumlous observation of
the Work. The balities and authority and
limitations thereon ny such Resident Pro ect
Representative and assistants will be as pravlded in
pnragrap}x 9.3 9,13
Gor kens of those General Conditionss. If MWI;rR
design another prase alive or agent to represent
OWNEaR at the sice rwllo ismnot ENGINEERS Consultant,
agent of employee, the responsibilities am authority and
limitation thereon of such other person will be as
provided in taIaQl9dt 9.3
of ftw General C orcistiarex if the ENGINEER furnish ss
_.sbC.�lls�
aen r if the OW1 2 cl iff cc a_the nit as_provided yt.�rap�apih 9.3 o of tic GettothI
Gemditiors. Chest Rerhresentativea shtil have q�sutlrprity
sg lfmr'tatttw_gs provirkd in,_,_ argglap-h.413 of 0
Genem�C:vgditiims and shall be subiecttci tit tallawu�
pert uaurg.tg t}n on mte_wc wril,._in general be with
tie ENGINEER and toNTRACTOIt But. the
For 0. w ll eegi lute CJF4 BR —properly
adv_istd about_suc}t matters�,.�The_Repraentativ@s
dealings with subcontractors will only Ix tinwi tx
wnh,_tj� ,,fiil knpwledgc arnt. apysova'l cif the
QQ'kff.R&B? 3.
9 2. Duties and spoh la litirs Ragesentutjyc
st'lll
9.3.2.1 Sched t ev ew the„`pr azress
19
&Jieduk and other whedules prgawl ly, the
, KK
PtirML -With
!LFER cqnccrn",a"vAubAity_
9- 3—1- 1,,2 --�M �Iin - -Atkod-
MMPMn&--3yjLh--thc CONTRACTOR mtch as
prwonstruction conftrcrxres, prcWm meetings
I XI-0theL-10 ser, - 4AP
110 -�
n elate jo of inutes of mqg4np-.
9.3.2131f.iai�son
with C0NTRAC'I'Q_R,-%wki-%_mffiw1 Y.
-jeminten&mt to
msist the CONTRACTOR u
the --cPrI!Iiu f —5&mawnik -jW�
23-Z-3 —2 rlssi in ub_ ututink, firorn 011rMUD
add 1._detaik or atign__
... . ..... .
re ire r 1-k
A
CONTRACTOR of the ommenoment of
aTVv- Work rcquirt% aShl wing or
ip
been
9 4, Revj�w #(IvVoc�, lZejq-qofi
work_
9 2.4,1—,---(',onductt)n-sitcol)gmabons,of
teWtj in N(-
r m q tjX
o r FFR
indeterriming atthNVq
1 9.1.2,43, Acconipn)? visiting, inspmors
Jurisdiction over the PrOject, recork,the
I - I resulLy
-�jpovvs and few
lM'VL _4 to tile
F'NorNEER
'). 3 1 � Interpret"mon of C(Mtract
DtxxunwnLs, RepkTI Lo LOGIN2 1k When
I E ,
clanhicatims nilid Into a filevtimis q1:jhc CmIntc
--t
fjz.uinents are needed analtrammit tv
-CONMACIOX danikuppri, av4_qjIprpct
of'- 'he - Con-inict I-xvurn,crils m vt,Awd by the
CA) aider, and
evaluate CONI kM-fOR`, m2ge, -tor
K
211 JCD��IJENVKAL COINDFI�r,rNS j19% E,011,1t
%%, ( I I I OF V'OR I-COI-LINY, MODIFU A] IONS(RtY J,?o0rj)
plWification in Draw�W, or �Lvcifjcatiom-, and
-i -- ix- -,I— I------
i,io ih&T n J� . ions to r . �, ��k,
, tign-,-i -1- --
All I atpCOMRACTOR
93,17.Rewrds,
9 3 q 81 kepons
93' $J . [lint
r
gr _nit the CONTRACTOR'S
comph"mg
se hectiAle of shop-Dravving and sumple
ww"vab,
in
advance ot �chedubrg major is
atN il;
Work
912-81 Drqtpyypq6e4 Upgo Orders
and -WGrkTT&ivc (saj k)-bt`air---
I MC5 , , IrLu
buckup fliqlciial 4omthe CONTRACIOR
and recommend to MIFNEER Change
iider k
_4 JLd
4drclers
E c occurrence of
ENOMEk and OkVNIkTh--'---'----
wv uo4cnt,
Payment k
LS-Re-Y-im Appbwat—iom
ffvMYnlCnt W1111CONTRACTOR for a�niRliance
with
the
,gublni%fon and lonvard With recommendation to
icularly the relattonslk of
try }ur}mart,rerdutgtetl, ty try achwchrlc of vatu 4
work co let J arxi materials and eauitntent
de —livered at_the site }xtt no incxpnrated in the
L\rook,
9.3.2.10. Completion,.
9.3 .loll_, _ Before EGMf R issues -._a
(1, erttficate nt Substmttat Gmpzlettort Submit
to CONTRACT�rR,... a list of kis'erved items
re airing careutivn or ctxnplMion..
93.110,
? Con iva Gtml inspatior in the
a?n• of doe, FNGINEFN RL fri4NF12 and
GOA''TRAC_fOR.�apare_ aftrml list of
rtsms to be wrre�ed nr cant etas.
93?103 Observe tlmt I items c the
Aral list haws iaeen-ccxreaed rat -completed -and
male rect)mmendations to ENGIV ER
gffl e i rice.
93-3- Ltmimuon of Agthpq The Representative shall
not
9311, _Authorize___ar devi bons from_ Ac
Cola -r'm e Ls g @�yt spy _su tot
uaterk)Ls ;r_squtPtuert6.4s ? attxr�t by the,
�:�tJ1Nrl:R-
2_1mitaperos of ri•Gl;v4[R'S
as so t Earth jn the Cnnuact Lhx mend
Gndertal ean oC th rya rtsrbiht es
eI thi r`I�`,I.,E.pT SuiE�'udL(r#ctclrg, _ tit
t'�1��'R���l'Q'S tjnt�ttd+•�nt..
933+_ )is .zl a is mdi[t ti9t rvlatia:4
lo-or tw-,sumx o3r*Ql_war,ar _esy%-,yt of the
marts, mgihoxlsm _ tchru�tcsx .. sgqucrxya or
prote4iares_.for statuat)o1a tonics-trJm_;is
spLeiitcally culled fotin the Contract Documents,
9. 3 > Advise ton, _ nr _ isstw, directions
re&niditg _ca as-strm __corl4tml over saI�ty
precauuorns and programs in covmncet<ms wtda the.
Work
9.3-3.0.accept Shop, Drawings ur sam le
sulnnttials from anyoneoil than tile
COSTit 1CTCsR '
9337. Authonre OWNER to txcupy the
k inw is.--—Lle or in Part
9,33X , Participate in sp-oialiad field iA
I;ikxrr nc>ry newts or ilT, ections conducted ho ahers
except as spxtfic'alls. authofized In thg
Clan icatiwu and lnterprelafio»s;
`?.4. EN61NEER will issue with reasonable proxupuncss
such written clarifications or mietpreratums of the
t,J(:t)C Gf'L1 t:KAL 01INDITIONs 19194 tt i A )Alm ?
m. trio ur' r nu t exn�.tius �crtmtercanerv; �n� arzmrcry
requirements of the Contract I)ocmnenis (in the loom of
Drawings or otherwise) as FNGINFFR may determine
necessary, which shall be consistent with the untent of and
reasonably inferable from the Contract Documents. Such
writtcn carificmtions and interpretations will be binding on
OWNER and CONTRACTOR, It owNER or
CONTRACTOR believes that a written clarification or
interpretation justifies an adjustment in the Contract Price
or the Contract Times and the parties are unable to agree
to the amount or extent thereof, if any, OWNER or
CONTRACTOR may make a written claim therefor as
provided in Article I I or Article 12.
Authorized Variations in Work,
S- ENGINFER may authorize minor variations in
the Work from fire requirements of the Contract
Documents which do not involve an adustment in the
Contract Price or the Contract Times and are compatible
with the design concept of the completed Project as a
functioning whole as indicated by the Contract
Documents. These may be accomplished by a Field Order
and will be binding on ON'NFR and also on
(:'ONI'RAC1'OR who shall pertnRn the work involved
promptly, N OWNER or CONTRACTOR believes that a
Field Order just fres an adjustment in the Contract Rice or
the Cotntmet Times and the parties are unable to agree as
w the amount or extent thereof, OWNF,R or
CONTRACTOR may male a written claim therefor as
provided in Article 11 or 12
Rejecdog Defective Work:
9.6 ENG1\l LR will have authority to disa ve or
reject A'ork which ENGVNTFR believes to be fective,
or that LNGINFFR believes will not produce a completed
Pmect that comforts to the Cotwact Documents or that
will prejudice the integrity of Ste design concept of the
completed Project as a tunctio ing whole as indicated by
the Contract I)ocuments. RNCtWEER will also have
authority to require special induction or teams of the
Won: as provided in paragraph 139, whether or not the
Work is fabricated, installed arc conpteted,
ShopDrmvings Change OrdersandPgvnrents:
()-J In connection with 1:NQ [NEER's authority as to
Shop Drawings artd Sample see paragraphs 6 24 through
6.28 inclusive.
4$- In connection with FN INEFR's authority as to
Change Orders. ssce .articles 10, 11. and 12.
99. In wnnection with E,'GINEER's authovity as to
.applications tit I'a-ment, see Article 14.
Determinations, far tr'nif Prices.•
1i7. k�C h�7sER will otetemme thc octal cauanutics
and classifications of omit price Work }xrfcumal by
C()1'TRAC'rC7R. ENUINEE:R will review with
CONTRACMR dtc F tr1N1:FR's prvluninary
determinations on such matters before rendering a written
decision thereon (by recommendation of an Application
la Payment or otherwise). KNQMiTR's written decision
therm will be final and binding upon OWNER and
CONTRACTOR, tailless, within ten days after the date of
any such decision, either ONXMIR or CONTRACTOR
delivery to the other and to ENGINEER written notice of
intention to appeal front UNGINEFR's decision and- (i) an
appeal from EM INXFR!3 decision is taken within the time
limits aid ui accordance with the procedures set forth in
Exhibit GC -A, "Dispute Resolution Agreement", entered
into between OWNER and COIv"TRACTOR pursuant to
Article 16, or (ii) if no such Dispute Resolution Agreement
has been entered into, a formal prucecding is instituted by
the appealing party in a forum or competent jurisdiction to
exercise such rights or remedies as the appealing party may
have with respect to ENGINSER's decision, unless
Otherwise Rogwed in writing by OWNTHR and
CONfRACTOIL Sucdh appeal will not be subject to the
procedures of paragraph 9,11,
Deeaions on Dirlwtec
9.11. Idlv{,[N;fiER will he the initial interpreter of the
requirements of the Contract Documatb and judge: of the
acceptability of the Work thereunder Claims, disputes and
Other matters relating to the acceptability of the Work or
the interpretation of the requirements of the Contract
0o uments pertaining to the performance and furnishing of
the Work and claims under Articles I i and 12 in respect of
changes in the Contract Rice or Crntraon Times will be
referred initially it) ENCdMFU in writing ivith a ruryest
for a formal decision in accordance with this paragraph
Written notice of each such claim, dispute or other matter
will be delivered by tin: claimant to FNT("ri1dEER and the
Other prttrty to the Agreement promptly (Tut in no event
later t m thirty day.:) after the wart of the occurrence or
event giving rise theretoo, and written supporting data will
be submitted to 1,N(3f.,`EER and The other party within
sixty clays after the start of such occurrence or event unless
ENGINEER allows an additional period of time fir the
submission of additional or more uwurate data in support
of such claim, dispute or other matter The o posing party
shaft submit any response to T� rGINEER and the: claimant
within shirty days after receipt of The claimant's fast
.submittal (unl�-i ENKIMIEER allows addititnal time) -
ENGINEER will tender a formal decision in writing within
thirty days aria receipt of the oppo6irg party's submitial, if
any, in accordance with this paragraph ENVIN EER's
written decision on Bitch claim, dispute or Other matter will
be final and binding upon 0XVNER and (',ONTRsACT(,)R
unless: 6) an appeal Bunn f NGf',M is decision is taken
within the time limits and in accordance with the
pxoccclures set Bath in E\IIII311 GC -A "Dispute
Resolution Agrecmcra% entered into IvIween OWNER and
TRACfi)R puusuant to :Article 16. or (ii) if no such
Dispute Resolution Agreement has been entered mho, a
written notice of imeraton to appeal from E GNt -R's
written decision is dehver,tid by OWNFIl or
r'0NTR,AiTt 7R to the other and to Cr Ul E1 R within
thirty days after the dote of such detasion and a formal
proceeding is initituloxl by tie appealing lxntty in a forum of
competent jurnsdution to exercise such rights or remedies
as the appealing party may have wab respect to such claim,
dispute or oihcr matter tit accordannce with ap plicablc Laws
said Regulations within sixty days of the date of' such
�� diir;Ihi el:Atkrhl.c,•p^vU17tOt5J V)W-iiii9'ro Eoloon
-- w:cur-torr'oRI M(s)uiixuousmr(r.t_eaat
decision, coins otherwise agreed in writing by OWNER
aryl CONTRACTOR.
9,12 When functioning as interpreter and judge under
parawatphs9.lO anti 9_11, ENvGINEE$ will not show
Wity to OWNER or CONTRACTOR and will not be
able in connection with any interpretation or decision
renclaod in good faith ill such eapt~acity The rendering of
a decision by ENGINEER pursuant to paragraphs 9,16 or
9.11 with respect to any such claim, dispute or otter
matter (except any which hav e been waived by the making
or acceptance of final payment as provided in
fwmpafih'14.15) will- be a condition precedent to any
eaterotse by OWNER ar CONTRACTOR of such rights or
remedies ac either may Otherwise have under the Contract
Documents or by Laws or Regulations in respect of any
such claim, dispute Or other matterpwrstaarit toArtic le-I6.
9AI Limitations on MM 1iVEER`s Axtkoritp and
Reapoasibflides.-
9-i.1.1. Neither ENCTI E-Ms milluority or
responsibility under this Article 9 Or under any other
prmislon ofthe Contract Document€ nor any any
made by EN(UNEER in good faith either to exercise
drr not excreise such authority or risibility cr the
undertake exercise or performance of any authority
OF responsibility by ENC3rNEER %hall create, impow
or give rise to any dirty owed by ENvGINMER to
CONTRACTOR, any Subccrar i;6, any Supplier,
any other person or organization, or to any surety for
or employee or agent of any of them
9 1 r ENt'rlNlib:R will not supervise, direct,
control or have authority over or be responsible for
CONTRACTOR's mean& methods, techniques,
sequences or procedures of cotsuucticaL or the safety.
Imecautions and programs incident thereto, or for any
failure of CONTRACTOR to comply with Laws and
Regulations applicable to the furnishing or
performance of the Wore ENAIINEEiR will not be
responsible for CONTRAtTOR"s failure W perform
or furnish the Work in accordance with the Contract
Documents.
9 13 3 f'Ncy tIX will not be re.j.x)rmhla for the
acts Or Omissions of CONTRACTOR or of any
Subcontractor, anv Supplier, or of any other person or
organization performing or fun shing any of the
Work.
Kt.t3.4. ENTG1tiEER's nwiew Of the tonal Application
for payment and accompanying documentation and
all maintenance and operating instructions. schedules,
guarantees, Bonds and certificates of inspection, tests
and approvals and other documentation rixtuired to be
delivered by para6raph 14.l' will only he to
detcrnrine genenal1v that their content complies with
the requirements 01' and in the case of willfiatt a of
inspections, tests and approvals [list the results
certified indicate compliance with, the Conhact
0ocmments
91.3 5. The limitations upon authority and
responsibilityset forth in this paragraph 913 shall also
apply to ENUINFIR's Consultants, Resident Project
Representative and assistants.
:IRTICI,E 10—CHANGESS IN THE WORK
IQ 1, Without invalidates the Agreement and without
notice to any, surety, OWNER may, at any time or from
time to time, order additions, deletions or revisions in the
Work- Such additions, deletions or revisions will be
authorized by a Written Amendment, a Change Order, or a
Work Change directive Upon receipt of any such
document, Cott rRACTOR shall promppttly proceed with
the "'ark involved which wit be performed under lire
applicable conditions of the Contract documents (except es
otherwise specifically provided),
10.2, If OWNER and CONTRACTOR are tumble to
agree as to the extent, if any, of an adjustment in the
Contract Price or an ahusxrttcnt of the Contract Times that
should he allowed as a result of a Work Change directive,
a claim may be made therefor as provided m Article 1 I or
Article 12.
10.3 (X) tTRACTOR shall not be emided to an hncrea,-e
in the Contract price or an extension of the Contract Timor
with respect to any Work perfomrad that is not required by
the Contract documents as amended, modified and
supplemented as provided in paragraphs 3.5 and ;1.Cr, except
in the cafi of an emergency as provided in "graph 6.21
or in the case of uncovering Work as provided in
paragraph 13.9.
104_ OW"NhR and CCT TILA("IOR shall execute
appropriate Change Orders recornnnended by ENGINEER
(or Written Amendments) covering:
10,41,1, changes in the Work which are (1) ordered
by C)F "NER pursuant to paragraph 14 L (n)required
bicause of acceptance of 4ji0ve Work under
paragraph 13,13 or correcting deyeCrtwe Work wider
j:aragnnp h 13.14, or (in) agreed to by the parties,
I+7.4 2. changes in the Contract Price or Contracre
"Timex which are agreed to by the parties and
10A 3, changes in the Contract Price or Contract
Times which embociv the substance of smc written
decision rendered by F:NOINh) k pursuant to
prtrapaph 9.11 _
provided that, to lieu of execunng any such Change Order,
an appeal may be taken from any such decision in
accrrclanee with the provisions of the Contract 1lvauments
and applicable Laws and Regulations, but dwiriL any such
apppeeal, CON INACI'Ok ahaIl carry on the tkcrk tend
adhere to the prerecs schtclule as provided in
paragraph 6,29.
10f, If notice of an} change atpectin g the general scope
of the Work or the provisions of the ('ontrnct Documents
t JCiWL:I~+S=tA u. 0)MIJ["nONS 1919-?t 419`rOVO[i?il'
n: 0 IY €)F I OR I O qJA NS 1f<3UIF1 CA IlONft I RI tv 1 2ooa)
(including. hit net hmited to, Contract Nice or Contract
Times) is required by the provisions of any Bond to be
given to a suretyry, the given#, of any such notice will be
(Y)NTRACTOR's resixansibilay, and the amount of each
applicable %Stand will be acgusted accordingly.
ARTICLE 11--CILANGE OF CONTRAC C PRICE
11A The Contract price canstiuues the total
tromp nsuion (subject to authorize! adjnsmtents) payable
to CONTRACTOR for performing the Work. Ah duties
respotsth litics and obligations assigned to or undertaken
simll he at (,o i I'RACTOR's expense
without change in the Contract price
l I ". The Contract Rice may only tx changed by a
Change Order or by a Written Amendment Any chum
ire° an adjuamuem in the Contract trice shall tv based on
written notice delivered by the patty making the claim to
the other party and to ENGINEER promptly (but in no
event Later than thirty days) after the start of the
occurrence or event giving rise to the claim and stating the
general nature of the claim, Notice of the amount of the
claim with supporting data shall be delivered within sixty
days after the start of such occurrence or event (unless
T-N'(11NEP3R allows additional time for claimant to sukanit
additional or more accurate data in support of the claim)
and shall he accompanied by claimant's written statement
that the adjustment clajmed'cvers all known amcrmts to
which the claimant is entitled as a result of said
occurrence or event. All claims for adjusanent in the
Contract Price shah be deterninted Pit vC;LV> > R in
accordance with paragraph 9 11 it OWNER and
CONTRACTOR canna, othtenvise agree can the amount
involver]. No claim for an adjustment in the Contract
Price will be valid if not subnuaed in accordainu e with this
paragraph 11 1,
11..3. 1 he value of any Workcovered by a Change.
Order or of any claim for an adjustment in the Contract
1-4icc will be detcntuned as fdllows;
11.3.1. where the Work involved is covered by unit
prices contained in the Ccuntrect Documents. by
application of such unit prices to the duamitics of the
items involved (subject to the pravisians of
It
paragraphs 11.9.1 through 1193. uwlusive),
11.3:2. where the Work invoked is not covered by
unit prices contained in the Coronet Documents, by it
mutually agreed payment basis, including lump sum
Much may include an allowance for overhead and
profit not necessarily in accordance with
paragraph 1162),
11.33. where the Work involved is not covered by will
prices contained in the Contract Documents and
agreement to a lump sum is not reached under
pnrepy'a�h 11.3.2, on the basis of the Cast of the Work
(,determmed as provided in paragraphs 11.4 and 11,5)
plus n C(JN ,kiwTCIR's tee for overhead and profit
(determined as provided in paragraph 11.6),
Cost of At Work-
1 L4. The term Cost of the Work means the sum of all
oasts necessarily incurred and paid by CONTRACTOR in
the proper performance o t the Work Except as otherwise
may he %greW to in writing by OW'NFR, such cost.-, shall
be in amounts no higher than those prevailing in the
locality of the Project, shall include only the following
items and shall not include any of the axis itemized in
paragraph 11.5*
IIAI.Nyrdl costs for employees in the direct
employ of CONTRACTOR in the performance of the
Work under schedules of job cia ficaumv% ngreed
upon by OWNM and CONTRACTOR, such
employees shall include without limitation
superintendents, foremen and other personnel
employed full-time at the site I3ryroll costs for
employees not employed full-time on the Work shall
be apportioned on the basis of their time spent on the
Work payroll costs shall imcht&, burnt be limited tar
salaries and wages plus the coast of fringe 'benefits
which shop include social security contributions,
unemployment, excise anti payroll taxes, workers
compensation. health and fetiremrent benefits:-bomeam
siekletve; vaeat e rt-and#nn kicay=pop applicable thereto.
'the etpenses of peffoiming Work alter regular
working horns, oil Saturday, Sunday or legal Itoli nays,
shall be included in the above to the extent authorized
by OWNER
11.4.2. Cast of all materials and oLluipmem furnished
and incorporated in tic Work- including casts of
transportation and storage thereof, and Suppliers' field
services required in connection therewith M cash
dixounts stall accrue to C'()N1RAt"T0R unlctcs
MVNFR deposits funds with COMRACTOR with
which w make payments, in which case the cash
disc>unts shalt accrue to OWNTR. All tract`
discounts, rebates and refunds and returns from stile of
surplus materials and equipment slap accrue to
OWNER and CON( RA(JOR shall make provisions
so than they ina1v dx obtained
11 43. hxytnemts made by C0�,1'RACTOR to tin
Subcontractors liar Work performed v tarnished by
Subcontractors- It required by OWNER,
�9 ErCUC o u'1kRAt CONDI l tar, lrtuj jt990 Euu,m
w11111 OF FORT (t3[l ltv`i A701AIIt dl'tC)i44 rR2L'r::ntYe)
CON
TRACTOR shad obtaut competitive bids trim
Subcontractors acceptable to ORRvE,R and
CONTRACTOR and shall deliver such bids to
OWNER who wit] then determine, with the advice of
ENGINEER, which bids, if any, will be accepted. If
any subcanmact provides that the Subcontractrnr is to
be paid on the basis of Cost of the Work plus a fee,
the Subcontractor's Cut of the bark arut fee shall be
determined in the same manner as CON 1'RACTOR's
test of die Work and fee as provided in
paragraphs'(I A, 1.1.5, 1 L6 and 113. All
subcontracts shall be subject to the other provisions of
the Contract Lkncumen s, insofar as applicable.
11AA. Costs of spmint consultants (including but
not limited to cngineers, architects, testing
laboratories, surveyors, attorneys and accountants)
employed for services specifically related to the
Work.
11.4.5. Suppleatcroat costs including the following
11.4,-51 the gnppThen of rnec�sary.
transportation, trove and suhsistence expenses of
CONTRACTOP's employees incurred in
discharge of duties connected with the Work.
11.43 _. Cost, including transportation and
maintenance, of all materials, supplies,
cquipmem, machinery, appliances office and
temporary facilities at the site and hand tools not
owned by the workers, which are consumed in the
performance, of the Work, and cost less market
value of such items used but not consumed which
remain the property of CONTRACTOR.
11.4,53, Rentals of all instruction
equipment and machinuy and the parts thereof
whether rented from t"f.)NI'RACTOR or others in
accordance with remal agreements approved by
OWNER with the advice of ENUINEER, and the
costs of uranslxhrtatiom, loading, unhxidirg,
nstalkttioA dismantling ainl removal thereof—a11
n accordance with terms of said rental
agreements. 'Clore rental of any such equipment,
maoihinery err parts shall cease when the use
therreof is no longer necessary foe the Work.
11.4.3,4. }ales, consumer, use or similar taxes
related to the Work. and for which
CON1"RACTOR is liable, imposmi by I,aws and
Regulation%.
11.4.5.5. Deposits last for causes other than
negligence of COLNIRACIOR- any
Subcontractor or anyone directly or indirectly
emplov°4d by any of them or for tvhose acts any.
of thceh may and be liable. aroyalty payments and
fees 1'or permits and licenses,
11.4.5,6. Losses aril damages (and related
expenses) camsel b?y damage to flu. Work, not
cwnper%ncd by insurance or otberwise, sustained
In 0)NTRACTOR in connection with the
SECTION 00510
NOTICE OF AWARD
Date: September 18, 2006
TO: Front Range Roofing Systems, LLC
PROJECT: EPIC Roof Replacement (partial)
OWNER: CITY OF FORT COLLINS
(hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated August 30, 2006 for the above
project has been considered. You are the apparent successful Bidder and have
been awarded an Agreement for EPIC Roof Replacement (partial: Remove existing
ballasted EPDM roof, replace designated sections of roof shown on drawing
(areas A. through I. inclusive) with new .060 mil Carlisle EPDM membrane, and
reusing existing ballast. Replace counter flashings and gravel stop flashings
with new prefinished material from manufacturer's color chart.
The Price of your Agreement is Eighty Three Thousand Nine Hundred Eighty Five
Dollars ($83,985).
Three (3) copies of each of the proposed Contract Documents (except Drawings)
accompany this Notice of Award. Three (3) sets of the Drawings will be
delivered separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within fifteen (15)
days of the date of this Notice of Award, that is by October 2, 2006.
1. You must deliver to the OWNER three (3) fully executed counterparts of
the Agreement including all the Contract Documents. Each of the Contract
Documents must bear your signature on the cover of the page.
2. You must deliver with the executed Agreement the Contract Security
(Bonds) as specified in the Instructions to Bidders, General Conditions
(Article 5.1) and Supplementary Conditions.
Failure to comply with these conditions within the time specified will entitle
OWNER to consider your Bid abandoned, to annul this Notice of Award and to
declare your Bid Security forfeited.
Within ten (10) days after you comply with those conditions, OWNER will return
to you one (1) fully -signed counterpart of the Agreement with the Contract
Documents attached.
City of Fort Collins
OWNER r.
)
By: Dr
v JampsB. O'Neill, II, CPPO, FN;GP
�lwDirector of Purchasing & Risk Management
SECTION 00520
9/12/01 Section 00510 Page 1
performance and furnishing of the Work (except
losses and damage; within the deductible amounts
of property
perty utsurance establishod by OWNER in
accordance with parWnph 5.9), provided they
have resulted from causes other than the
ne ligenee of CONTRACTOR. any
Su ontractot, or anyone directly or indirectly
employed by a uy of them or for whose acts anv of
them ma} be liable. Such losses shall inefude
settlements made with de written consent and
approval of OWNER. No such losses, damagcv
and expenses shall be included in the Cost of the
Work for the purpose of determining
CQti1RACfOWs feei, lf, however, any such kiss
or damage requires reconstruction and
CONTRACTOR is placed in charge thereof,
CQNTT2AC"CtR s3m11 be paid for services a fee
proportionate to that stated in paragraph 11,6.2.
11.4.5.7. The cum of utilities, fuel and sanitary
facilities at the site.
H A.S.S. Minor expense.s such as tedegams,
long distance telephcrue culls, telephone service at
the site expressage and similar pctty cash items in
connection with the Work.
11,459 Cost of premiums for qdditional Bonds
and insurance required because of changes in the
Work
11 A The term Cost of tine Work shall not include any of
the fallowing:
I 1 ?.1. payroll coasts and other compensation of
C°0NTR4CTQR's officem executives, principals (of
partnership and sole proprietorships), general managers,
engineets, architects, estimators, attorneys, auditors,
accountants, purchasing and contracting agents,
creditors, tpnekeepers, clerks and other personnel
employed by CtON'fRAC-TOR whether at the, site or in
CONl°RACfOR's principal or a branch office for
genenil actin uastration of the Work and not specifically
included in the agreed upon schedule of jolt
classifications referred to in paragraph i 1.4.1 or
spcaciGcally coveted by paragraph 11 4 4--all of which
are to be considerci administrative crusts covered 1'5, die
CO'. TRAM'OR"s fee
11 5 2. Espcnses of CONTRACT'OR's principal znid
branch offices other (him COMRACTOR's office at
tlw site.
115.3. Any part of CONITRAC:TORS coapital
expenses, including interest on CON I R,ICTOR`S
capital employed for the A"ork and charges against
('ONI'R It 1 OR. t r delinquent payments
11 5A. (lost of premiums for all Bums and for all
insurance whether or not CONT'RA(`TOR is required
by the Contract Documents to lxtrchase and maintain
the. same (except fsr the cast of premiums covered he
subparagraph 11.4.5.9 above),
piCDC d FNI,, KAL COirDMON$19 0-x 4199t) I Arjssj,
w (.7'1-YOFFORt 1:2194it
115.5, Costs due to din negligerue of
CONTRACTOR, any Suhcc humour, or anyone
directly or indirectly employed by any of them or for
whoa acts any of them may be liable. including but
not limited to, the correction of defective Work.
do I of materials or equipment wrongly supplied
and making good any damage to property.
'11L5.6, Other overhead or general expense costs of
any kind and die costs of any item not specifically and
expressly included in paragraph 11.4_
11.6. The COMTRACTOR's fee allowed to
CONTRACTOR for overhead and profit stall be
determined as follows:
11.6.1. It mutually aaejAuble fL*A fee: of
11.b:2. if a fixed fee is not agreed upon, then a tee
lased on the following pcnccrttages of the various
portions of the Cost of the Work:
11 A' 11, for co sRs incurred under
paragraphs 11 4.1 and 11-4.2, the
CONERAt`TOR's fee shall he fifteen percent;
110.22 for crests incurred tinder
paragraph 1143, the CONTRACTOR's fee shall
tc five percent,
11.6-2 3- where one or more item of
subcontracts are cxt the basis of cost of the Work
plus a fee and no fixed foe is agteod upon, the
intent of paragraphs 11.4.t, 11.4,2, 11,4.3 and
116.2 is that the Subcontractor who actually
performs or fundshos the Work, at whatever tier,
will bc: paid a fee of fifteen percent of the costs
incurred by such Subcontractor tinder paragraphs
11 4.1 and 11 A.2 and that any higher tier
Subcontractor and CONTRACTOR will each N
paid a lee of five percent Of -the amount -paid fo
the next lower tier-Subcoritracksri to be negotiated
m gcxxl_(afib with the OIL tit
-li�u1 ttat to �hred
hvnt hxeeoonlowr ttcr Sider mia'tor
11.6.24- tut fee shall the payable on fix, basis
orcoats itemized under paragraphs i I il4. 11-4-5
aril 11.5:
11,6'5 the amoxmt of credit to he allowed
lb� CON'tk Vf(.A to OWNER for may chatuu��'e
which results in a net decrease in cast will fx the
anioum of the actual net decrease ui cast plus a
deduction in CO_ TRNC fO'R's fee by an amount
cyual to five percent of such net decre-aw, and
I I 2-6. whea both aWitions and credits are
nmolecd In anv one Jorge. to adjustment in
("ON IZACTtifes fee shall he cxomlutecl rm the
basis of the not change in accordance with
paragralnhe 11 6 2 1 through 11 6.2.5, inclusive
11 7 4k'henever the ,x)st of am, 1Vork is to be
'i
determined pursuant to pariagraplu, 114 and 10,
CONTRACTOR. will establish and maintain records
thereof in accordance with generally accepted accounting
practices and submit in form acceptable to ENODIF M an
itemized cost breakdown together with supporting data.
Cash Allmmnces:
11.8- It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work a) covered
to be furnished and performed for such sums as may be
acceptableto OWXI�R and I-NGINEFR CONTRACTOR
agrees that.
the allowances include the cord to
CX)-NTkACfOR (less any applicable trade discounts)
of materials and c uipment required by the allowances
to be delivered at the sits and all appli:ablc tams; and
11,8.2. CONTRACTOR's costs for unloading mid
handling on the site, labor, installation costs, overhead.
profit and other "penses comemptated for the
allowances have been included in the Contract Price
and not in the allowances and no demand for
additional payment on account of any of the foregoing
will he valid
New to final pyinem, an apprTriate Change Order will be
issued as recommended by D ,
N'QINHhR to reflect actual
amounts, due MINTRN'TOR on account of Work covered
by allowaricam and the Contract Noe shall be
correspondingly adjusted
11.9. Vnit Price lFork:
11,9 1 , Where the Contract DoLuincrU provide that all
or pail of the Alt)& is to be Unit Price Work, initially
the Contract Price will be deemed to include for all
KM( Price Work an al"'MaT 04WI to the stun of the
established unat prices for each separately identified
itent of Unit Price Work times the estimated quatinty,
of each item as indicated in the Aigivement, The
estirraW quannues of items of [,)art Price Work are
not _paranwed and are solely for the purpose of
comparm)n ol-Bids rind determining ran initial contract
Pt we Determinations of the, actual quartatics and
cfa%ilwations of firth Price Work performed by
CONTkACIOR will be mad, by ENGIN'RER in
accordance with pare�aph 9.1 U.
I Li-11.2, Each emit ace �wifl be deemed to include an
amonnt
to cover CONTRA(7016 overhead and profit tcr
eachwparaloly wlemiked item.
I I �,, (AV\hk cv CON (RA(-VOR may make a
clatin for an adjustment in the ('ontrad Price in
with Article I I it.
I 1 9, 3. 1, the quantity of any item of Unit Price
'A'ork performed by CONTRACTOR differs
MawriallY and signifkantly from the estimated
quantity of'such item indicated in the Agreement,
2fe it I I YOF FOR I I /ZWmi
and
11.93.2. there is no corresponding adjustment
with respect to any other itern of Ulork: and
11,93,3 if (70',NIRACTOR believes that
CONTRACTOR is entitled to an increase in
Contract Price as a result of having incurred
additional expmsc or OIA"NER believes that
OWNhR is entitled to a decrease in Contract Price
and the parties site unable to agree as to the
amount of any such increase or decrease.
11,93A CONTRACTOR cknow
the OWNER has the rg -AdM0KbU9A9
_ht to add or delete items in
the Bid or arfe ntiti�cs
_ _ RS. q1c QW M 5 _
discretion without C., rag tote Contract Price of
any jcmAu*S item so long as the de)[9490 or
adMttion du s rtcl exceed -twenty-five pertxnt of
the, original -toral Contract Price.
ARTIC 1,F 12- -CHANGE OF CONTPLACT TIMES
12.1. fhe Contract I'mics (or Milestones) may only he
changed by a Change Order or a Written Amendment.
Arre claim for an adjustment of the Contract Times (or
Milestone.-) shall be hawd on written notice delivered by,
the party making the claim to the other party and to
E�,.'GINFER promptly (but in no event later than ftrh-
taafter the oceun,owe Of the event r! 6,jig rise to, the
`')i tnand staffing the general nature of t e claim. Notice
of the extent of the claim with supporting data shall be
delivered within sixty days otter such occiarrenco (wilm
ENGIN111IR allows additional time to ascertain more
accurate data in support of the chum) and shall be
accompanied by the claimant's written statement that the
adjustment claimed is the entire adjustment to which the
claimant has reason to believe it is entitled as a result of
the occurrence of said event, All claims for adjustment in
the Coritractfinies (or ' ;vhlesxon") shall be determined by
FNGIN�HHR in accordance with paragraph 9 11 it'
OWNER and CONTRACTOR cannot otherwise agree,
No claim for an adjustment in the Contract Times (or
Nfilesiones) will be valid if not submitted in accordance
with the requirements of this paragraph 12, 1,
12 2 At time limits stated in the Contract .Documents
are of the essence of the Agreement
111, Where CONTRACTOR is prevented from
conij-4eun& any part of die honk within the ( "ontract
"rises for NhteslcnN) doe to delay beyond the control of
,C)INTRACTOR, the Contract Tines (or Milesicirk-s) will
be extended in an aniount e(inal to time lost due to such
delay if it claim is unjdc thefer(q as provided it,
pUfa aph 121. L)cki%s tv}ond the control of
�qRACTOR shall irictudc, but not be limited to, acts
or neglect by OWNER, acts or neglect of utility owners of
other perfonning other work as contemplated
by Article 7. fires, floodsi, epidemics, abnormal weather
conditiom or aoqq of God Delqv.,; attributable to and
within the control of a Subcmwstctar or Supplier shall be,
decmed to lie delays within the control ofCON'TRA(IOR.
12.4. Where CONTRACTOR is prevented from
completing any part of the Work within the Construct Times
(or Milestones) due to May beyond the control of both
OWNER and CONTRACTOR, an extension of the
Contract Times (or Milestones) in an amount equal to the
time lost due to such delay shall be MNI TR.ACTOR's sole
and exclusive remedy for such delay. In no event shall
(,%NrR be liable to CONTRACTOt, any Subcontractor.
any Supplier, any other person or c aanuation, or to any
surety titer or employee or agent of any of them, for
damages arisii, out of of resulting from Of delays caused
by or within the control of the CONTRACTOR, or
(ii) delays beyond the control of both parties including, but
not limited to, fires, floods, epidemics, abnomial weather
conditions, acts of God or acts or neglect by utility owners
era other contractors performing other work as contemplated
by Article 7_
ARTICLE. 13—TESTS .AND INS1 ECT1ONS;
(!ORRECTIONN, REMOVAL OR ACC-MAINCY, OF
DFFF.CTIIT,' WORK
111. ,Notice ofElefects:
Prompt notice of all defective Work of which OWNER or
I NGINEFR have acival knowledge will be given to
CONTRAC 0R All defective Work cony be rejected,
corrected or accepted as provided in this Article 13,
, Ice ess to Work:
13.2, OWNER. L"NGLNi R, ENGINEER's Consultants,
Other representatives and perwirmel of OWNER,
mdeperalem testing laboratories and governmental agencies
with jurisdictional interests will have access to the Work at
reawmable"-times for their observation inspecting and
teskliV CON MACTOR shall provide theta proper and
safe conditions fir suet) access and advise them of
CONTRACTOR's site safety procedures and programs so
that they may comply therewith as applicable.
Tews and inspections.
133 CONTPvyCTOR hall give ENQNEMR timely
es wlice of readiness of the Work tot all required inspections,
tests or apmovals, and shall cooperate with inspection and
testing persannel to facilitate required inspections of tests.
1 t J. OtlNF'K mall employ, and pity for the services of
an mdclxndent testing laboratory to perform all
msptckoru;, ieSLN, or approvals required by the C'ortract
Documents except.
1 "A 1 for inslLvdions, tests or approvals covered
by paragraph I X5 below;
10.4.2. that costs incurred in connection with tests
or inspections conducted pursuant to Mrta niph i:i9
below shall be paid as provided nh said
paragraph 13.9; and
13,4.3, as otherwise sriocifically provided in the
Contract Documents.
13.5. if Laws or Regulations of any public body having
jurisdiction require any Work (ar part thereof) specifically
to be inspected, tested or approved by an employee or
Other representative of such public laxly, CONTRACT OR
shall assume full responsibility for arranging and
obtaining such inspections, tests or apprdwab, pay all costs
in connection therewith, and lumish FN,'GlN1 ER the
required certificates of inspection, at approval.
CONTRACTOR shall also be responsible for arranging
and obtaining and shall pay all costs in connection with
any inspections, tests or appovals required for OWNER's
and ING INE$R's acceptance of materials or equipment to
be incorporated in the Work, or of materials, mix designs,
Wp�ment submitted fta a oval prior to
TACTOR's purchase thereof for incorporation in
the Work.
13_6_ If any Work (era the work of others) that is to be
inspe(ted, tested or approved is covered by
CONTRACTOR without written concurrence of
ENGINEER, it mast, if requested by ENGINHER, he
uncovered for observation
13.7. (lnawering Work as provided in paragraph 13,6
shall be at CONTRAc.'ro 's expense unless
CONTRACTOR has given UNGINIaE R timely notice of
CONTRACTOR's intention to cover the same and
INGLNIER has not acted with reasonable promptness in
response to such notice,
Uncovering 14/ark.
115. if any Work is covered contrary to the written
request of E UNEER it must, it requested by
EN6LNELR, be uncwered for b.NGLNURN observation
and replaced at COb1TRACTOR`s e3q) nsc.
13.9. IFENCINEFR considers it necessary ar advisable
that covered Work he observed by EN'riN`EER or
inspected or tested by other CO_?�i'1RAC"R)R, at
ENGINEMs request shall uncover, expose or otherwise
make available fix observation- inspection or tenting, as
LNTG1\EER may require, that portion of the Work in
question, furnishing all rivocsswy Jabot, material and
equipment If it is found that such Work is defective.
CONTRACTOR shall pay all claims, asses, loses and
damages caused by, arising out of or resulting from such
uncovering, exlxosure, observation, inspection and testing
and of satisfactory replacement or reconstruction.
(including but not Tanned to all costs of repair or
replacement of work of others). wyd Ot4 fit shill be
entitled toan appropriate decrease in the Contract Trice,
and, if the fxrties are Unable to agree as to r he amount
thereof, ntny make a claim therefor as provided in
Article I I. ff. however, such Work is not found to be
ckfectiv , (`0M'RAC f0R shall he allowc l an increase in
the Contract F°ricc or an eWonsion of the Conuaet'fimes
(or Milestones), or both directly attributable to such
haCVC cah;,'xti.$:nL 0UNPJ 11ONS 1910-S (199e F.djau41) 27
w. (771' ear Fi}RT iYold.l r'dS kt(hDi6'9 CA'r'IAVfi CRN'n' 4:2ao))
uncovering, exposure, observation, Inspection, testing,
replacement, and recoosgtruction; and, if the parties are
unable to agree as to the amount or extent thereof,
CONrf RACTOR may make a claim themtor as provided in
Articles I I and 12.
0"'An kfity Slap the Wbri -
13.10, if the Work is defective, or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment, or fails w furnish or perform the Work in such a
way that the completed Work will conform to the Contract
Document& OWNER may order CONTRACTOR. to stop
the Work, or any portion thereof, until the cause for such
order has been elinnnated. however.. tins right of OWNER
to stop the Work shall not Rive rise to any duty on the part
of O "NER to exercise thus right lot die benefit of
CONTRAC71'0R or any surety or other party,
Correction orRenroval of Defective 16nr'k:
13.11. If required by ENGINEER, CONTRACTOR shall
promptly, as directed, either correct all defective Work,
whether or not fabricated, installed or compMted, or. if the
Work has been rejected by ENGINEHR,, remove it fran the
site mid replace it with Work that is not defective.
CON'TRAC'I'OR shall pay all claims, costs, hAws and
damages caused by or reulting from such correction or
removal (including but not limited to all costs of repair or
replacement of work of oxhers)-
13.12. Comertior Periott.-
13,12.1, If within ~-year two years after the date of
Substantial Completion or such longer period of tune as
may be prescribed by Laws or Regulations or by the
terns of any apphcAle special guarantee required by
the Contract Documents or by arty specific provision of
the Cxaitract Documents, any Work is found to tie
dzfecrtue CONTRACTOR shall Promptly, without cost
to OWNER and in accordance. with 011'N R's written
instructiotts. (i) correct such eiefectfve Work, or, ifithas
been reiected by OWNER, remove it from the site and
replace it with Work drat is not defective, and (it)
�rtisfactortly ccxrea or remove ant replace am, damage,
to other Work or the work of others resulting therefrom
If CONTRACTOR does not promptly comply, with the
terms of such instruction,;, or in an emergency where
delay would cause serious risk of loss or damage,
OWNER may have the zkfacnve Work conccted of the
rejected IWA removed and replaced, and all claims,
costs, losses and darn age, caused h' ter resufting frcan
such removal and replacement hricludung but not
muted to all costs of relxait or rcryalaccinent of work of
others) will b, (raid IA CONTRACTOR
131'_.?_ln special circtmnsraaxxs where, a particular
item of equipment is placed in continuous service
b foic Substanwil Completion of all die Work, the
currectiosn period fir that item may start to run from an
earlier date if so provided in the Specifications or bS
Written Aniendinent
I3 12 3. Whore det+x hue Work (and darimee to other
trCate OENERAt a C Ntat 110"s, 191 t-tl i 199e ks,iitiktn
Zt; IV' 01 Y OF FORT COMIN'S%11N)ta ICA'r10NSaRI ' 1,200a)
Work resulting therefrom) has been corrected,
removed or replaced unalr this paragraph 13-12, the
correction period hereunder with respect to such Work
will be extended for an additional period of orw-yetrr
!ML-years alter such correction or removal and
replacement has been satisfactorily completed.
letrptaace ofDefeettve Work:
13,13. If, instead of requiting correction or remmal mid
replacement of defective Work, OWNER {and, prior to
ENGINEER's recommendation of final payment, also
ENGINEER} prefer; to accept it, OWNER may do so
CONTRACTOR shall pay all clauns, casts, lc�ws and
dnnt8es attributable to OWNER's evaluation of and
determination to accceepptt such dafeenve Work (such costs to
be aMoved by' ENO NEER as to i eusanabdene%). ]fatty
such acceptance occurs pnor to ENGINEI,;R's
recommendation of final payment, a Change Orckr will be
issued incorporating the necessary revimme; in the
Contract Documens with respect to the Work; and
OWNER shall be entitled to an appropriate decrease in the
Contract Rice, and, if the cur arc unable to agree as to
the amount thereof, OWNER may make a claim therefor
as provided in Article t I- if the acceptance occurs alter
such reaimmcrodation, an appropriate amount will be paid
by CONTRACTOR to OWNER,
01MV R Afa1' Correct Defective Work:
13,14. If CONTRACTOR fails within a reasonable time
after written notice from UNGINEER to correct defective
Work or to remove and replace rejected Work as required
by ENGI NFER in accordance with paragraph I 11, or if
CONTRACTOR fails to perform the Work in accordance
with the Contract Documents, or if CONTRACTOR Lids
to comply with any other provision of the Contract
Documents, OWINTR may, after seven days written
notice to CONTRACTOR, correct and remedy any such
deftcieaicy, In exercising the rights and remedies under
this paragraph OWNER shall procced expeditiously . In
connection with such corrective and remedial action,
OWNER may, exclude C'ONMACTOR from all or put of
die situ take Ixmssession of all or pan of the Work, and
suspend CON'TRACrORs scrviar related thereto, take
passesslon of COM'IZAC OR's tools appliances,
construction equipment and machinery at the site and
mcorporme in the Work all materials anti equipment
stared at the site or for which OWNER has paid
CONTRACTOR but winch arc slorekl elsewhere,
t"ON-I'RACTCiR shall allow OW'Q`R- OWVER's
representatives, agents and employees, Ql1 NER's other
contractors Hint ENGINT.ER and f^NGfN-f- R's
Consultants access to the site to enable ()1VNTFR to
exercisethe rights and remedies under this piragnaph. All
claims, costs, lcascs and daimeges ineunel or sustained by
OWNER in exercising, such nelus ant remedies will he
Gaarged against CON t ACTOR and a (h ange rider will
he is,anc^d incorporating ale neoesmry reviuuts at do
Context Document,, with respect to the 1§oik, and
OWNER smIf be entitled to an. appropriate decrease in the
Contrast Price, and if the partial are unable to agu,t as to
the amount thereof, OWNER may make a claim therefor
as provided in Article 1 I. Such claims, costs, lx.us and
damages will include but not be limited to all costs of
repair or replacement of work of other,; destruyoxf or
damd by cartcction removal of replacement of
Coi RA&OR's defective work. (YJ "rRA( POR shall
not be allowed an extension of the Contract Times (or
Milestones) because of any delay in performance of the
Work attributable to the exercise by OWNER of OWNERS
I ighis and remedies hereunder.
ARTICLE 14—PAYMENTS TO CONTRACTOR AND
C'OMPLET10IX
Schedule #)`Values:
14A1 The schedule of values established as provided in.
paragraph 19 will serve as the basis fbr progress payments
and will be incorporated into a form of Application for
Payment acceptable to ENGINMER. Progress payments on
account of Gmi Price Work will he based on the main her of
units completed.
Application for ProgrewPa}'anent
14,2At Least twenty days before the date established for
eznch progress payment (but not more often than once a
month), CdivTRACTOR shall mibmit to E\GL"s1ET3t fot
review an Application fix Payment filled out and signed by
CONl'RAt)'I*OR covering the Work completed as of the
date of the Application and accompanied by such
supporting do cumentaticn as is required by the Contract
Documents If payment is requested on the basis of
materials and equipment not incorporated in the Work but
delivered and suitably stored at the site or at another
location agreed to in writing, the Application for Payment
shall also be accompanied by a bill of sate, invoice or other
documentation warranting that OWNHR has received the
mawials and equipment free and clear of all Liens and
evidence that the materials and equipment are covered by
appropriate property insurance and other arrangements to
Ixaet OW `I,EWs interest therein, all of which will be
satisfactory to OtkNER_ The amount of reminage with
respect to progress payments will It as stipulated in the
Agreement. Anv f'ulyds that are _withheld �be the oblNER
shall tint be sttllteg tq substitution by the ComrRAt fOR
asuh securities or any.,anaangemenGg ltrvolyppg, an ewcrow or
custodim}ship By eaes.utitig he,sopplication forpaymcnt
tom the CON -TRACTOR txVteWv warves pig rt it to matt
henefc, of t'oimadc 12ci id Statutes, Seeiion 24-9(.11)1_
et sect,
( fhVTRU;'TUR'a Uarrantn of Title:
143CON I RAC3'OR warrants and guatrantces that ttile
to all Work, materials and equipment covered by any
Application for Payment, whether incorporated In the
l4oject or not, will pass to OWNER no later than the time
of payment tree and clear of all Liens.
Review of ApplieationsforAwgrenPayment:
14.4. ENGEN1 R will, within ten days alter receipt of
each Application for Pinyment either indicate in writing a
reccnnmendltion of payment and present the Application
to OINNFR, or €antra the Application to t(7tiTRACTOR
indicating in writing ENGEKEEWs reasons for refusing to
recommend payment, In the lacer cane, CONTRACTOR
may make the necessary corrections and resubmit the
Application Ten days after presentation of the
Application for Payment to Olx `NFA with iGIN'E:ER's
recoanmerdation 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 O4'dNER to
CONTRACTOR
14_5_ ENGRdEFR's recommendation of any payment
requested in an Application for Payment will cvnstttutc a
representation by ENGINEER to OWlER, based on
ENGINHER's ore site observations of the executed Work
as an experietwed mat qualified design professiomd and on
ENGTNEER's review of the AApppplication for Paymcrt and
the aa.,ottipanying chtn nrxf schrchtle ,, that to the best of
Ei 1GIN-111ER's knnwledge, informatiro and txlicf.
14.5,1, the Work has progressed to the point
indicated,
14.5,2 the quality of the Work is generally in
accrdas (s
nce with the Contract Docunentubject to
an evaluation of the Work as a functioning whole
p for to or upon Substantial Completion, to the results
of any subsequent tests called for in the Contract
DocumentK. to a final ddemrination of quantmes and
classifications Liu Unit Price Work under
paragraph 4.10, and to anv other qualifications stated
m the recommendation), and
14.53, the conditions precedent to
CONTRACTOR'S being entitled to such payment
appear to have been fulfilled insofar as it is
LNGIINLER's responsibility to observe the Work.
However, by recommending any such payment
EA GINEf R will not thereby be deemed to have
represented that: (i) exhaustive or continuous onsite
mspac'tiM5 have been mask; to check dw quality or the
quantity of the Work beyond the responsibilities
specifically assigned ar ENGfl-ER in the Contract
Documents or (it) that there may not be other matters or
issues between the pubes that might entitle
('ON1 RAC"I'i)R to be paid additionally by OWNER or
entitle O WAiER to withhold payment to b-)Vt RAf."f oR
14_6 P;SGiix'L;Eft's recommendation of any payment,
including fttsal payment, shall not mean that L\UINLER
is respxmsible for CONTRAC17OR's means. methods,
techniques, sequences or procedures of construction, or
the safety precautions and programs incident thereto, or
for any- failure of r ONTRACJOR to comply with laws
and Reulatians applicable to the famishing or
performance of Work. or for ant 'iluic of
CON fR1('TOR it, perform or furrash tk'ork in
accordance: with the Contract Documents,
147. LN'GGef Jell may refuse: to rreu:nnmenel the whole
or any pact of any payment if, in 1 GF ELh s opinion, it
would be incorrect to make the representations to
r�lc'mac'4F?vE:Kxll,c'[.o:<IJt'tt(>N8190-s(19Wi:ali1ival ?y
to(term' OF FOR 1 eXAJJV.4 tIONFi CAFI NS(R-F 4T0(91)
OWNER retired to fin paragraph 14,5, ENGINEER may
also, refute to recommend any such payment, or, because of
subsequently discovered evidence or the results of
subsequent inspection or tests, nullify any such payment
previously recommended, to such extent as may be
necessary in ENCIINEEWs opinion to protect OLtNE,'R
from los's because:
14.7.1. the Work is defective, or completed Work has
been damaged requires ecarection or replacement,
14.7 2. the Contract price has been reduced b},
Written Amendment or Change Cider,
14.T3. OWNER has been reclutred to correct
rzfecrrva Work or complete Work in accordance with
paragraph 13.14, or
14.7.4. FNGINEER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 15 2.1 through 15.2.4 inclusive.
OWNER may refuse to make payment of the full amount
reccommende.d by VNCdNF.,ER because
14.75, claims have Ixxn made against OWNER on
am-mrit of CONTRACTOR's performance or furnishing
Of tine Work,
14-7.6. Licns have beers filed in connection with the
Work, kept where .CONTRACTOR has delivered a
specific Bond satisfactory to OWNER to secure the
swisfactiot and discharge of such Liens,
14.7.7_ there me other items entitling OWNER to a set-
ofi against the amountrecomariended, or
1478, try§'Nit has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 14.7,1 through 14,73 or pamgraphs 15.11
INotigh I s 2A mclu�slve
lot OWNER must give C'ONTRACIOR mnmediate
written notice (with a copy to ENGINEER) stating die
reasons for such action and promptly pay CONTRACTOR
the amount so withheld, or any adjustment thereto agreed
to by OWNER and COMRACTOR, when
Oti f RAC f OR corrects to OWNER's satisfaction the
reasons for such action
Substantial Cvrripletirm:
14.8 When C()NT RACTOR comicicirs the entire. Wcwk
ready for its intended use CONTRACTOR shall notify
OWNER and I'vt;lNFhR in writing that the entire Work
is subatimtially complete (cxcept for items specifically
listed by CONJ R,M'I Ok as incomplete) and request that
i"Nt3C.'�11:1: ksuc a "itificaw of Substantial Completion
Within a rcirwnable time lhercafler. OWNER.
t O4 f i:9C l OR .reel );ticIiNECT. sbeall make an m;>fxxtirm
of the Woik to determine the status of completion. If
t N(W,NI FR does not consider tla, Wok substantially
eomplcte. I \vp,NLE'R will notify C'OEvTR.ACTOR in
wrinng givmk the reasons therefor if FNorlaiI-FR
31l wRr 0( r:FNFRAt'ONbfitUa'0S 1't1u-a iI"(, EetUa�tl
IV tYIS Q1 Rf>Rr i'OLLI h,`d it0611 It'A Ctll1LS rRE41'4�'_oaa}
considers tits W'cwk substantialh complete, Ei IGINLBR
will prepare and deliver to OWNER a tentative certitcate
of Substantial Completion which stall fix the date of
Substantial Completion, There shall lie, attached to the
certificate a tentative list of items to be completed co,
corrected before final payment OWN),"R shall have seven
days after receipt of the tentative certificate during which
to make written objection to F-MANCER as to any
Provisions of the certificate or attached list. Tf, after
considering; such objcctimrLNGIINIEUR concludes that
the Work is not substartialy complete, ENGiNFM. will
within fourteen days after submission of the tentative
certificate to OW NFR ratify CONTRACTOR in writing,
stating the reasons therefor. If, after consideration of
OWNER's objections. P.NGdsN hFR considers the Work
substantially complete, ENMNET.R will within said
fourteen days execute and deliver to OWNER and
CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tentative list of items to be
completed or corrected) reflecting such changes from the
tentative certificate as �'GIN'EER believes justified after
consideration of any objections from OWNER- At the
time of del ivory of the tentative certificate of Substantial
Completion ENGINEER will deliver to OWNER and
CONTRACTOR a written reamnmendation as to division
of responsibilities pending final payment between
OWNER and COKIRACfOR with respect to Security,
operation, safety, maintenance, Feat, utilities, insurance
and warranties and guarantees, Un Im% OWNER and
CONTRACTOR agree otherwise in writing and so inform
HNGINEFR in writing prior to HNGINETsR's issuing the
definitive certificate of Substantial Completion,
FNGUNTEER's aforesaid ruonmendation will be binding
on OWNER and CON UGWI'OR until final payment
14_9_ OWNER shall have the right to exclude
CCONTRAC10K 6-om the Work after the date of
Substantial Completion, but OWNTER "it allow
(A) TRACTOR reasoranble aeeess to complete or correct
items o1 the tentative list.
Partial Uti izutina:
14.111Use by OWNER at OWINEWs option of any
substantially completed part of the Work, which: (i) has
specifically been identified in the Contract i]ocuments, or
(ri)OWNIM, ENGINEER and CONTRACTOR agree
constitutes a separately functioning and usable par ofthe
Work that can be used by OWNER for its intended
ptItjV e without sgruficant interference with
CONTR-WTOR's performance, of the remainder of the
Work, may be acccanphshed prior to Substantial
Completionof all (he Work subject to the followirk-,-
14101,(AVNER at any time may request
C ONT I RACTOR in writing to permit (A NTiR to ter
:any sut:h pant of the Work which OWN IiR believes to
Ix read 161 its intended use and substantially
complete, 11 CON TRACTOR agrees d is such part cat
the ll- wk is substantially complew, CONaRACTOR
will certify to OWNER and EN INFER that such
PPsan of the kk''ork Is substantially complete and requcst
C:INEER to issue a certificate of Substantial
Compiefion for the part of the Work-
CONTRACTOR. at any time may notify OWNER and
dui itilNMER in writing that CONTRACTOR considers
any such pan of the Work ready for its intended use
and substantially aimpletc and request INGrNFF.R to
issue a certificate of Substantial Completion for that
part of the Work. Within a reasonable time after either
such request, ONV ER, CONTRACTOR and
ENGINEER shall make an inspection of that part of
the Work to determine its status of completion if
I NGIINLER does not consider that ppaarrtt of the Work In
Ito subs,rantialty complete, FW.t 11rER will noti$,
OWNER anti CONTRACTOR in writing giving the
reasons therefor. If ENMNIERR considers that pan of
the Work to be substantially complete. the provisions
of paragraphs 14.8 and 14.9 will apply with respect to
certification of Substantial Completion of that part of
die Wak and the division of responsibility in respect
thereof arid access thereto.
14.10. <^ NO Owupency or separate operation of part
of the Work will be accomplished prior to compliance
with the requirements of paragraph 5,15 in respect of
property insurance.
Final Inspection:
14.11. I;pon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete,
ENG1NrEER will make a final uu�vction with O11,NER.
and CONTRACTOR and will nou'ly CONTRACTOR in
writing of nil particulars in which this inspection reveaL%
that the Work is incomplete or dzfective, CONTRACTOR
shall immediately take Arch measures as are necesstuy to
complete such work or reran 4, such deficiencies
Final Application for Payment.
141?,. After CONTRACTOR has completed all such
corrections, to the satisfaction of ENGiNEER and delivered
in accord ruicc with the Contract Documents all
maintenance and operating instructions, schedules,
gtaranfecs, Eondc certificates or other eviderce of
insurance required by poragraph,0, certificates of
inspection, marked -up record documents (as provided in
pvagruph 6,19) ant other documents, COaT."TR,ACTOR
may make application air fetal payment following the
procedure for progress payments The final Application fdr
payment shill he accompanied (except as previously
delivered) b} (i) all documentation called fee in the
Comma Vocumertts, including but not limited to the
evidence of insurance required by suhparagraph K 4.13,
ui1 consent of the surety, if any. to Nail payment, mid
(ii0 complete and legally effective releases to waivers
(satisfactory to OWNFT'i Y ol'all Liens arising out of or tiled
to connection with the Work In lieu of such releases or
waivers of Liens and as approved by OW-\TR,
CO's'11L\ 1'01O may 8vnM receipts or releases in toll
and Alidavit of r ON"TRACTOR that: jib the rcleases and
reuczrpa include all labor, wry tees, material and equipment
for which a Lien could be filed, and (it) ail paayrolls,
material and equipueut bills, and other indebtedness
u,imecred with the Work far which OWNER or OIXNVR's
property- nit ighl in any way be responsible have been paid or
otherwVw satisfied It' any Subcontractor or Supplier Bails
COM4A70INa 1910's 099, £tiltiuni
IV CI n OF FOR 0(9,1P,9 MODIraCAnoN%(RFv a.zot>nr
to f ltrusla such a release or receipt in Cull
CONTRACTOR may furnish a Bond or other callatersi
s<llisfac€ory to OWNER to indemnify OWNER against
any Lien, Releases or waivers of liens and the consent of
the surety Coto final tare to be sutmitl on
(o catfonming ip the fopmat of the OWNER'S standard
forms bound in_the project mmtunL
Final Payment andAecgxance.
14.13. If, on the basis of FNGYINFCR;s Observation of
the Work during construction and final inspection, and
ENCINHER's review of the final Application firr payment
acid a xompatay'ing documentation as required by the
Contract Documents, FI GINFER is satisfied that the
Work has been completed and C'ONTRACTOR's other
obligations under die Contract Docmnmts have been
fulfilled, ENGIzNUER will. within ten days after receipt of
the final Application for payment, indicate in writing
ENUNIEER's recommendation of Payment and present
the Application to OW`\hR. for paymet. At the same
timeENGiNEER will also give written notice to OWNER
and CONTRA(TOR that the Work is acceptable subject
to the provisions of paragraph 14.15. Otherwise,
liNOINEER will return the Application to
CONTRACTOR, indicating in writing the reasons for
refusing to recommend final payment. in which cave,
CONTRACTOR shall make the necessary corrections and
resubmit the Applieatiom Thirty clays after presentation to
OWNER of the Application and acannpanym p
documentation, in appropriate form and substance and
with U GINMVIR's recommendation and notice of
acceptability, tau amount recommended by FNGINEF,R.
will become due and will be paid b' OWNER to
CONTRACTOR gph y t_fq mar agr ph_,,l 7 ) 7,.. pf theX
�t�f.�Wl, C'ppIjt ioppt.
14,14. If through no fault of CONTRACTOR, final
completion of the Work is significantly, delaved and if'
FNGLNEER so confirms, OWNER shall, upon receipt of
CONTPLACTOR's final Applictition for payment and
recommendation ofENGIN131"R, and without terminating
the Agreement, make payment of the balance due for that
portion of the Work fuUy completed and. accepted. If the
remains balance to N held by OWNER for Work not
fully completed m corrected is less than the retainage
stipulated in the Agreemml, aid if Fords have been
furnished as required in paragraph 4. L the written consent
of the surety to the payment of the balance clue for that
portion of the Work fully completed and accepted shall be
submitted by C'OtifRACTOR to ENGINEER with the
Application for such fxaymem. Such payment stall be
made under the terms and conditions governing final
rMymeat. excelrt that it shall not cojistitute a waiver of
claims,
lf'aiver e f Claims:
14.15. "Ihe making anal ac;xptance of !bract payment wrl!
cixtstitnti..
14 15.1. a waiver of all claims by t>11`ti,prl3 sgvina
CONTRACTOR. except dwuns teasing Croon
unsettled Liens, from cefective Work appearing after
31
final inspection pursuant to paragraph 14.11, from
failure to comply with the Contract Documents or the
terns of any special guarantees specified therein, or
from (NTRAC TOR's continuing obligations under
the Cararaet Documents; and
14,15.2.A waiver of all claims by CDN"'rkACTOR
against (J),i'vLk other Utnn thow previously made in
writing and still unsettled.
ARTICLE 15-SUSPUNSI N OF WORK AND
TE.i N INATION
OWNER dtav &spend Work:
15.1, At any time mid without cause. OWNER may
suspend the Work or any portion thereof for a period of not
more than ninety days by notice in writing to
COKMACI'OR and ENGINE1dt which will fix the date
on which Work will be resuned. CONTRACTOR stall
resume the Work on the daft! our fixed. CCTV'fRAC'TOR
shall be allcnved an adjustment in the Contract Price or an
extension of the Contract Timcs or both, directly
attributable to any such suspension if mi,,TRAurm
make an approved claim therefor as provided in
Micles i 1 and 12.
OWNER z11ay^ 7'erminare:
15:2. Upon the occuimnce of any one or more of the
following events
152.1 it' CONTRACTOR persistently tails to perform
the Work at accordance wall the Contract Documents
(including, but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the Iacgress schedule established
under paragraph29 as adjusted Bean time to timc
pursuant to pamgray4i o.Ci);
15:22. if CC2NTRACTOR disregards Laws or
Regulations of any public body havill; jurisdiction;
15,2 3. if CONTP-'1CIOR disregards the authority, of
ENGINEER- or
15-2 4. if C'ONT12ACTOR otherwise violates in any
subsunifial way any provisions of the Contract
Lk?cifla :
OWNMIZ tray, after giving (0V'I'RA('T0R land the
stray. if any) seven days° written nonce and to the, extent
permitted by taws and Regulations, terminate the services
or COIN f'R,AC I OR- exclude CO CR.V'r()R. from IhK site
and take 1xswssion of the Work and of all
CO;v"rRAC'TO[6 tools, appliances, construction
equipment and machinery ,it the site and use the same to
the full cctent they could be used by C'G ITR O'rok
(without tiahility to f 0N*TRA(7MR for trespass or
conversion), incorporate ui the Work all materials and
equipment stored at the site or for which OtkNE.R. has paid
is 0(,'QCiihkxRkn04ttlttc St9tti.apyjnF Yt rt
w/❑Il (A FQlal'i'tit,Ll Nix \ai?rlltl(:':1rll)TS oaf Va.?(Hi9)
C°ONI'RACFOR but which are stored elsewherc, and
finish the W(rk as OW MR may deem expedient. In such
case CONTRACTOR shay not be entitled to receive any,
frrdinr payment until the Work is finished. If the unpaid
balance of the Contract Rice exceeds all claims, casts,
lasses and damages sustained by OWNER arising out of
or resulting from completing the Wok such excess will be
paid to CONTRACTOR If such claims, costs, lows and
damages exceed such unpaid balance, COIN'TRACTOR
shall pay the difference to OWNER. Such claims costs.
losses and damages incurred by OWNER will he reviewer!
by ENGINEER as to their reasonableness and when so
approved IRNGCNFER incorporated in a Change Order,.
provided at when exorcising arr rights or remedies
under this paragraph OWNER stall tau he required to
obtain the lowest price for the Work perforated.
15.3- Where CoN`rRACrowii scrvices have been so
termirtated by OWNER the termination will not affect
anyy. rights or remedies of OWNER against
CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys due
CONTRA(TOR by OW`,4-R will not release
CONTiRAC7`OR from liability.
154 Upon seven da)i written notice to
<'ONTIRACTOR and fiNM1\'13R, OWNIak may,
without cause and without prejudice to any other right or
remedy, of OWNER elect to terminate the Agreement. In
such case, (:ON9'RACTOR shall be paid (widxmt
duplication of any items)
15 41 for completed and acceptable Work executed
in accordance with the Contract Iktcumentspris to
the effective date of termination, including fair and
reasonable sums for overhead and profit on such
Work:
15A 2, for expenses sustained prior to the effective
dace of termnation in porforming services and
furnishing labor, materials or equipment as required
by the Contract Nvuments in connection with
uncompleted Work, plus fair and reasonable grins for
overhead and profit on such expenses,
15.4.3 liar all chums, costs, losses and damage~
incurred in settlement of terminated contracts with
Subcontractors- Suppliers and others, and
15.44. for reasonable ex'ilenses directly attributable
to termination
"ONTRAC "I'M shall not Far paid on auoum of I x of
anticyxited profits or revenue or other econanic loss
arising out ot'or resulting frorn such termination
f'ONTR ICTOR blrm Xtop 11 ork or Terminate-
15 5. lf. throughno act or fitutt of (()N11Lli'TOR the
Work is suspended for a period of more than ninety days
by OW',1iR or under an order of court or oilier public
aothoran' cx F 3fJl ItP.f2 fails to act on any Application
for Nvinent within thirty days alter it is submitted or
OWNER fails for thirty days to lvty C NTR ACTOR any
strm finally determined to be due, then CONNTRACfOR
may, upon seven days' written notice to OW1vER and
ENGINFEK and provided OWNER or ENGINEER do not
remedy such suspension or failure within that time,
terminate the Agreement and recover from OWNER
ryment on the same terms as provided in pamgmph 15 4
lieu of terminating the Agreement and without prejudice
to any other right or remedy, if EtiGINILER has failed to
act on an Application for Payment within thirty clays after it
is submitted, or OWNER has failed for thirty days to hey
CONTRACTOR any sum finally deurmined to be due.
CO=NFIRACTOR may upon seven days' written notice to
OWNER and ENGINEER st<�pp the Work moil payment of
all such amounts due CONTRACTOR, inciuding interest
thereon The provisions; of this parg�attph 15.5 are- not.
intended to preclude COI�U LACTOR &am making claim
talrlCr Patieles t I and 12 for an increase in Contract Price
or Contract Times or otherwise for cxpenses or damage
directly attributable to CONTR.ACTOR's stopping Work its
permitted by, this paragraph.
ARTICLE 16-17ISPt'TF. RFSOJJ7fJON
If and to the extent that OttNUR and (:Utv rRAcToR
have agreed on the method and procedure for resolving
disputes between them that may arise under this
Agreemcm, such dispute resolution method and procedure,
it any, shall be as set forth in Exhibit GC -A, "Dispute
Resolution Agreement'" to be attached hereto and made a
Nit hereof If no such agreernerif on die method and
procedure for resolving such disputes has been reached,
and subject to the provisions of paragraphs 4_10, 9.11 and
9.12, OWh M and CONTRACTOR may exercise such
rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect
of any dispute.
ARTICLE 17--MI5Cl' UANEOL S
(,tomb. EWXice:
171 Whenever any provision of the Contract
Documents requires the giving cif written notice, it will be
deemed to have been validly given if delivered ❑h person to
the individual or to a member of the firm, or to an officer of
die corpoation for c ho i it is intender, or if delivered at or
sent by registered or certified mail, postageprepaid, to the
last business address known to the giver of the notice.
17.2. Computation ofTime:
17.2.1. When any period of time is referred to in the
Contract D(vurnents by sla)s, it will be Computed 10
exclude the first and include the last driy of such
perioxi. If die last day of any such period falls on a
Samrdav or Sunday aY on a dm made a legal holiday
by the law of de applicableiurisdiction, such day will
be omtiteci ti'om the computation.
tncb("GF FA,A,C+;tiVt-nC 5L'>19ti4 (t J'+9 F.tTjrisvtJ
w 0 ty OF YfrR t Co)t.t.iNS M TAH CAONS(RIN INMl)
17,12 A calendar day of twenty-four hours measured
from midnight to the next midnight will constitute it
clay.
Aladee of Claim:
17.3- Should OWNER or CONTRACTOR Seller injury
o damage to person or property because of any error,
omission or act of the other pally or of anv of the other
party's employees or agents or others for wbose acts the
other party is legally liable, claim will be made in writing
to the other party within a reasonable time of the first
observance of such irgury or damage. The provisions of
this paragraph 17 3 shalt not be consaued ns a substitute
for or a w'arver of the provisions of any applicable statute
of limitations or r eprosa.Cumulatiw a Remrrtres:
17.4. The duties and obligations imposed by these
General Conditions and the rights and remedies available
hereunder to the parties hereto, and, in particular but
without limitation, the warranties, guarantees and
obligations imposed upon CONTRACTOR by
paragraphs6.12, 6.16, 6,l , 6.31„ 6.32, 1,31, 13.12, 13.14,
14.3 and 15.2 and all of the rights and remedies available
to OWNER. and ENCrINEE12 thereunder, are in addition
to, and ere not to be construed in any way is a limitation
ot; any rights and remedies available to any or all of them
which are otherwise imposed or available by Law-. o
Regulations by special warranty or guarantee or by cAfter
provisions of the Contract Documents, and the provisions
of this paragraph will be as effective as it' repeated
speetfically in the Contract.Docurrents in connection with
each particular duty, obligation, right and remedy to which
they appl)%
Pwfesuonal Fees and Court Cris Included
175_ Whenever reference is mace to ''claims, costs.
losses and damages% it shall include in each c:ise, but not
be limited to, all tees and charges of engineers, architects,
attorneys and other professionals and all court or
arbitra€ion or other dispute resolution cat,
17Ci: he aws gf the tt of (pktado gyh,t9_this
A eenient Raferen ce to tw3 pertinent C<ilordo statutes
tort a�followx�
1762 _ if sf_ululn!s 144 OA'tNEK is icquired n_
cxrJ'vTlL1Ci y h 37)- .- I hfol .from all myrnems to
t
m P9 sutlicie t itu ds tv JLptupZChc
}rent of all claims forlahor. nlatgrials warn hire,
;uaknancaQros isnms,-rprovende€,,, cn. ether sgpplks
used .,or_consumed .._tw.((iNRACTOR or his
33
34 hiClot(3k%LK"M It:ONDI- ilk, 'mlli'd-$tl➢9Q tfdlUt6t!
w* CA n` OF FOR I C 41I NS MODIFICA t1ONS (R k Y4200,01
AGREEMENT
THIS AGREEMENT is dated as of the 18th day of September
in the year of 2006 and shall be effective on the date this AGREEMENT is
signed by the City.
The City of Fort Collins (hereinafter called OWNER) and
Front Range Roofing Systems, LLC (hereinafter called CONTRACTOR)
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
ARTICLE 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Project for which the Work under the Contract Documents may be
the whole or only a part is defined as the construction of the EPIC Roof
Replacement (partial): Remove existing ballasted EPDM roof, replace designated
sections of roof shown on drawing (areas A. through I. inclusive) with new
.060 mil Carlisle EPDM membrane, and reusing existing ballast. Replace
counter flashings and gravel stop flashings with new prefinished material from
manufacturer's color chart, and is generally described in Section 01010.
ARTICLE 2. ENGINEER
The Project has been designed by City of Fort Collins, Operations Services who
is hereinafter called ENGINEER and who will assume all duties and
responsibilities and will have the rights and authority assigned to ENGINEER
in the Contract Documents in connection with completion of the Work in
accordance with the Contract Documents.
ARTICLE 3. CONTRACT TIMES
3.1 The Work shall be Substantially Complete within 45 calendar days
after the date when the Contract Times commence to run as provided in the
General Conditions and completed and ready for Final Payment and Acceptance in
accordance with the General Conditions within 60 calendar days after the date
when the Contract Times commence to run.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of
the essence of this Agreement and that OWNER will suffer financial loss if the
Work is not completed within the times specified in paragraph 3.1. above, plus
any extensions thereof allowed in accordance with Article 12 of the General
Conditions.
They also recognize the delays, expenses and difficulties involved in proving
in a legal 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 amounts set forth hereafter.
9/12/01 Section 00520 Page 2
CI'Ws page lellblank intentionally. j
i ac [?C <a'Ik.RaU,. Cu2�pIT1uNS 1910-9 099 J 1,Aligo 3 j
n M-y0FF7R7iYN,t.iNS 3fl3[)li'i CATIU'rti(RFV L'2umf
Mj% 19A94 ilq%, V,,Ulmo
I it kW FOR [ COLLINS NIODIF14 AIJOM(RfA*-I,N,0lll
EXHIBIT G+GA to General Conditions
of the Construction Contract Between
OWNER and CONTRACTOR
UIS't>UTE TLES()T.LMON AGREENILNT
OWNER and CONiT'RACrOR hereby agree that
Article 16 of the General Conditions of the Comwildion
Contract between OWNER and CONTT iviOR. is
amended to include the following agreement of the parties:
161_ All claims, disputes and other matters in
yuastion between i)tkNMR and CONTRACTOR arising
out of or relatingg to the Contract Docmnents or the broach
thereof (except for claims which have been waived by the
ranking or acceptance of final payment as provided by
paragraph 14 1.5) will be decided by arbitration tirl
accordance with the Construction Industry Arbitration
Rules of the American Arbitration Assricmuon then
obtaining, sublttvt to the linitations of the _Article M This
agreement so to arbitrate and any other agreement or
consent to arbitrate entered into in accordance herewith as
provided in this Article tb will he specifically anfaracable
under the prevailing law of any court having jurisdiction
16.2- No demand for arbitration of any claim, dispute
or other matter that is required to be reterred to
ENGINEER initially for decision in accordance with
paragraph (XI 1 will be made until the either of (a) the date
on which d Ntf GsI,1 R has randerel a written decision or
(h) the thit} first day after the parties have presented their
evideree to i!vGINEF,R if a written decision has net been
rendered by FNQINhER before that date. No demand for
arbitration of any such claim, dispute or other matter will
be made later than thirty, days after the date an which
RNGTINEER, has rendered it written decision if) respect
thereof in accordance with paragraph 9 11, and the failure
to demand arbitration within said thirty days period will
result it ENGINEER'S decision being final and binding
upon 0WNLR and CONfttACTOR 11' EN(ilNlitiR
renders It decision after arbitration proceeding have been
nitiated, such decision may he entered as evidence but will
not supersede the arbitration proceedings: except where the
decision is acccptxble to the parties concernef- do demand
for arbitration of any written decision of r-NGIN1,E,R.
rendered in ac adance with paragraph 4 I) wiIi be made
later than ten clays after the pane making such demand has
delivered written notice of intention to appeal as proaiced
in paragraph 9 10
161. N.otrc c,f the denian d for arbitnawn will he
filed in writing with the other party to the; Agrecment and
with and a Qopq will
be sent to INt,I 7:I R for information l'he demarxi fcrr
arbitration "ill be made w ithirr the Handy-dav o tcu.dae
pencil rWcilied in paraeraph 16.2 as applicable, and in all
other cases within a reasonable time after the claim, dispute
or other matter in question has arisen.. and in no event shall
ariv such demand be made after the due when institution of
legal or equitable proceedings hased on such claim, dispute
or other matter in question would be burred My the
applicable statute of liniuttiou.
LHa COIg NtR,u C'iJN01 rIONs 1310-&o'+`iu Ulilienl
tt 0FT OFFOKr 471_1-INSMODIF WA I IONSfRFt
164, Except as provided in paragraph 165 below,
no arbitration arising out of or relating, to the Contract
Doc-unients shall include by consolidation, joinder or in any
other manner any other person or entity (including
EiNGIINTEM ENGINLER's Consultant and'the officers,
directors, agents, employees or consultants of any of them)
who is not a party to this contract unless:
16A.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
16 4 2, such other perscm or entity is substantially
involved in a question of law or fact which is common
to those who are already panes to the arbitration and
which will arise m such proccedings, and
16.3.3. the written consent of the other person or
entity sought to be included and of 011NhR and
CONTRACTOR has been obtained for such inclusion.
which consent shall make specific reference to this
paragraph, but no such consent shall constitute consent
to arbitration of any dispute not specifically described
in such consent or to arbitration with any party not
specifically identified in such consent,
16,5 Notwithstanding paragraph 16A, if a claim,
dispute or other matter in question between OWNER and
CONTRACTOR involves the Work of a Subcortmctor,
either OWNER or CONTRACTOR may join such
, ontmetcr as a party to the arbitration between oWN-ER
and CONTRACTOR hereunder, CONTRAC rOR shall
include in all sub;cartracts required toy dxnragraph 6,11 a
specific provision whereby the Subcontractor consents to
Ding joiners in an tubitiation between OwNER and
CONTRACTOR uavolving the look of such
Subcontractor Nothing in this paragraph 16 5 nor in the
provision of such subcontract consenting to joinder shall
create any claim, right or cause of action in tavor of
Subcontractor and again" QWNTR, ENGINEER or
s N(J I NEI,Xs Consultants that does not otherwise exist-
16 fir_ The award rendered by the arbitrators will be
finial, judgment may be, entered upon it in any court having
jo rmchction thereof; and it will not be subject to
modification or anietil
16,7 OWNER and CO t ERACTOR agree that they
stall fast submit any and all unsettle{ claims
comnealaims, disputes crud other matters in question
between them arising out of or relating to the Contract
t)o:uments or the breach thercuf ("disputes°). to mecli non
by the American Arbitration Association under the
(-*0I14trnetiPn Indlustry Mediation Runes of the Atmei-iam
Arbitration Assoctatton prior to either of them initiating
against the (Aber a demand for arbitration pars ra to
rxnragaphs 161 through 166, unless delay in initiating
arbitration would irrevocably prejudice one of the parties.
I loc u'speectivc thirty and ten day time limits within which
to file a demand for arbitration as provided in paagraphs
16,' and 16.3 above shall be suspended with respect to a
dispute submitted to mediation within those same
applicable time limits and shall remain suspended unfit ten
days after the termination ofthe mediation The mediator
of any dispute submitted to mediation under this rlgrcemet
"hall not -rye as arbnrnecn of such desixite unless othem ise
aareed.
rat -At
F.KI)COENFRALC WFIONSiain.Rc rusci; ;r
w- WTFY OF FORT �'vi.Lt;v".3 RBI abFPIC.lYP7NS lRE'1' 9:941
cc•.,t[
6101
SECTION 00800
SUPPLEMENTARY CONDITIONS
SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the General
Conditions of the Construction Contract (EJCDC General Conditions 1910-
8, 1990 edition with City of Fort Collins modifications) and other
provisions of the Contract Documents as indicated below.
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The limits of liability for the insurance required by the
paragraph numbers of the General Conditions listed below are as
follows:
5.4.1 and 5.4.2
Coverage A - Statutory Limits
Coverage B - $100,000/$100,000/$500,000
5.4.3 and 5.4.5 Commercial General Liability policy will have
limits of $1,000,000 combined single limits (CSL). This policy
will include coverage for Explosion, Collapse, and Underground
coverage unless waived by the Owner.
5.4.6The Comprehensive Automobile Liability Insurance policy will
have limits of $1,000,000 combined single limits (CSL).
5.4.9 This policy will include completed operations
coverage/product liability coverage with limits of $1,000,000
combined single limits (CSL).
SC-8.10 OWNER's Project Manager
A. Add the following language to ARTICLE 8:
8.10. The OWNER will provide a Project Manager. The
CONTRACTOR shall direct all questions concerning
Contract interpretation, Change Orders, and other
requests for clarification or instruction to the Project
Manager.
8.10.1 Authority: The Project Manager will be the OWNER's
representative during the construction of the project.
The Project Manager shall have the authority set forth
in the OWNER's Capital Project Procedures Manual. The
Project Manager shall have the authority to reject work
and materials whenever such rejection may be necessary
to ensure the proper performance of the Work in
accordance with the Contract Documents.
8.10.2 Duties and Responsibilities: The Project Manager will
make periodic visits to the project site to observe the
progress and quality of the Work and to determine, in
general, if the Work is proceeding in accordance with
the Contract Documents. The Project Manager shall not
be required to make comprehensive or continuous
inspections to check the progress or quality of the
Work. The Project Manager shall not be responsible for
construction means, methods, techniques, sequences, or
procedures, or for safety precautions or programs in
connection with the Work, or for any failure of the
Contractor to comply with laws and regulation applicable
to the performance or furnishing of the Work. visits
and observations made by the Project Manager shall not
relieve the CONTRACTOR of his obligation to conduct
comprehensive inspections of the Work, to furnish
materials and perform acceptable Work, and to provide
adequate safety precautions in conformance with the
Contract Documents. The Project Manager shall at all
times have access to the Work. The CONTRACTOR shall
provide facilities for such access so the Project
Manager may perform his or her functions under the
Contract Documents.
8.10.3 One or more Resident Construction Inspector(s) (RCI)
may be assigned to assist the Project Manager in
providing observation of the Work, to determine whether
or not the Work is proceeding according to the
construction documents. CONTRACTOR will receive
written notification from the OWNER of any RCI
assignments. The RCI shall not supervise, direct or
have control or authority over, nor be responsible for,
CONTRACTOR's means, methods, techniques, sequences or
procedures of construction or the safety precautions and
programs incident thereto, or for any failure of
CONTRACTOR to comply with Kaws and Regulations
applicable to the furnishing or performance of the Work.
The RCI will not be responsible for CONTRACTOR's failure
to perform or furnish the Work in accordance with the
Contract Documents. The RCI's dealings in matters
pertaining to the on, site work will be to keep the
Project Manager properly apprised about such matters.
8.10.3 Communications
decisions of the
All instructions, approvals, and
Project Manaqer shall be in writing.
The CONTRACTOR may not rely on instructions,
or decisions of the Project Manager until th
reduced to writing.
approvals,
e same are
SC-12.3 Add the following language to the end of paragraph 12.3.
Contractor will include in the project schedule two (2) days lost
due to abnormal weather conditions. Must be documented and
approved by City's Project Representative.
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950Contract Change Order
00960Application for Payment
e ..
SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE:
CONTRACTOR:
PROJECT NUMBER:
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost
4. Change in Contract Time:
ORIGINAL CONTRACT COST $ .00
TOTAL APPROVED CHANGE ORDER 0.00
TOTAL PENDING CHANGE ORDER 0.00
TOTAL THIS CHANGE ORDER 0.00
TOTAL % OF THIS CHANGE ORDER
TOTAL C.O.% OF ORIGNINAL CONTRACT
ADJUSTED CONTRACT COST $ 0.00
(Assuming all change orders approved)
ACCEPTED BY: DATE:
Contractor's Representative
ACCEPTED BY: DATE:
Project Manager
REVIEWED BY: DATE:
Title:
APPROVED BY: DATE:
Title:
APPROVED BY: DATE:
Purchasing Agent over $30,000
cc: City Clerk Contractor
Project File Architect
Engineer Purchasing
9/99 Section 00950 Page 1
1) Substantial Completion:
Two Hundred Dollars ($200) for each calendar day or fraction
thereof that expires after the Forty Five (45) calendar day period
for Substantial Completion of the Work until the Work is
Substantially Complete.
2) Final Acceptance:
After Substantial Completion, Two Hundred Dollars ($200) for each
calendar day or fraction thereof that expires after the Fifteen
(15) calendar day period for Final Payment and Acceptance until the
Work is ready for Final Payment and Acceptance.
ARTICLE 4. CONTRACT PRICE
4.1. OWNER shall pay CONTRACTOR for performance of the Work in
accordance with the Contract Documents in, current funds as follows: Eighty
Three Thousand Nine Hundred Eighty Five Dollars ($83,985), in accordance with
Section 00300, attached and incorporated herein by this reference.
ARTICLE 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with
Article 14 of the General Conditions. Applications for Payment will be
processed by ENGINEER as provided in the General Conditions.
5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account
of the Contract Price on the basis of CONTRACTOR's Application for Payment as
recommended by ENGINEER, once each month during construction as provided
below. All progress payments will be on the basis of the progress of the Work
measured by the schedule of values established in paragraph 2.6 0£ 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, progress payments will be in the
amount equal to the percentage indicated below, 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. 90% of the value of Work completed until the Work has
been 50% completed as determined by ENGINEER, when the retainage equals 50 of
the Contract Price, and if the character and progress of the Work have been
satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, 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 1000 of the Work completed. 90% 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
for payment.
9/12/01 Section 00520 Page 3
Section 00960
APPLICATION FOR PAYMENT
PROJECT: PO#
PAY ESTIMATE NO:
DATE:
CONTRACTOR:
ADDRESS:
CONTRACT FOR:
PARTIAL TO
The undersigned Contractor certifies that to
the best of his knowledge, information and
belief the work covered by this application
for Payment has been completed in
accordance with the Contract Documents,
that all accounts have been paid by him for
Work for which previous Certificates for
Payment were issued and payments
received, in this current payment shown
herein is now due.
CONTRACTOR:
Date:
FINAL TO
In accordance with the Contract Documents,
based on site observations and the data
comprising the above application, the
Architects Certifies to the Owner that the
Work has progressed to the point indicated;
that the best of his knowledge, information
and belief, the quality of the Work is in
accordance with the Contract Documents,
and that the Contractor is entitled to payment
of the AMOUNT CERTIFIED.
ENGINEER:
Date:
Application is made for Payment, as shown below, in connection with the Contract. Schedule of Values is
attached.
The present status of the account for this Contract is as follows
ORIGINAL CONTRACT AMOUNT
APPROVED CHANGE ORDERS TO DATE
ADJUSTED CONTRACT AMOUNT
TOTAL WORK COMPLETED AND MATERIALS USED
RETAINAGE (10% OF TOTAL)
TOTAL EARNED LESS RETAINAGE
LIQUIDATED DAMAGES WITHHELD
TOTAL EARNED LESS LIQUIDATED DAMAGES
LESS PREVIOUS PAYMENTS
CURRENT PAYMENT DUE
APPROVED BY
(Title)
cc7 Accounting City Clerk
Contractor Engineer
Project File
DATE:
9/997/96 Section 00960 Page 1
WORK CHANGE DIRECTIVE
INSTRUCTIONS
A. GENERAL INFORMATION
This document was developed for use in situations involving changes in the Work which, if not processed
expeditiously, might delay the Project. 'lliese changes are often initiated in the field and may affect the
Contract Price or the Coniract'Cimes. This is not a Change Order, but only a directive to proceed with Work
that may be included in a subsequent Change Order.
For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract
Times a Field Order should be used,
B. COMPLETING THE WORK CHANGE DIRECTIVE FORM
Engineer initiates the form, including a description of the items involved and attachments.
Based on conversations between Engineer and Contractor, Engineer completes the foilowing:
METHOD OF DETERMINING CI1ANGF., IF ANY, IN CONTRACT PRICE: Mark the method to
be used in determining the final cost of Work involved and the estimated net affect on the Contract
.Price. If the change involves an increase in the Contract Price and the estimated amount is
approached before the additional or changed Work is completed, another Work Change Directive
must be issued to change the estimated prime or Contractor may stop the changed Work when the
estimated time is reached. If the Work Change Directive is not likely to change the Contract Price,
the space for estimated increase (decrease) should be marked "Not Applicable".
Once Bngineor has completed and signed the form., all copies should be sent to Owner for authorization
because Engineer alone does not have authority to authorize changes in Price or Times. Once authorized
by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by
Change Order sighed by Owner and Contractor with Engineer's recommendation.
Paragraph i0.03.A.2 of the General Conditions requires that a Change Order be initiated and processed to
cover any undisputed sum or amount of time for Work actually performed pursuant to this Work Change
Directive.
Once the Work covered by this directive is completed or final cost and times are determined, Contractor
should submit documentation for inclusion in a Change Order.
THIS IS A DIRECTIVE TO PROCEED WiTH A CHANGE THAT MAY AFFECT THE CONTRACT
PRICE OR CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDMD
PROMPTLY.
Section 00970 Page 1
DATE OF ISSUANCE
OWNER
CONTRACTOR
Contract:
Project:
OWNER's Contract No.
WORK CHANGE DIRECTIVE
No.
EFFECTIVE DATE
ENGINEER's Project No.
You are directed to proceed promptly with the following change(s):
Description:
Purpose of Work Change Directive:
Attachments: (List documents supporting change)
ifOWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a
Change Order based thereon will involve one or more of the following methods as defined in the
Contract Documents.
Method of determining change in
Contract Price:
El Unit Prices
Lump Sum
Cost of the
Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract
$ Times:
If the change involves an increase, the estimated Substantial Completion: days;
amount is not to be exceeded without further Ready for final payment: days.
authorization.
RECOMMENDED: AUTHORIZED;
ENGFNEER OWNER
By: By.
XJCDC No. 1910.84 (1996 Edition)
F109ked 6r the EnOnem )dint Coon d 0WwWai Co ittee and endorsed by The Aiwcived Geaenl Contmtws of AmericaeeA the Con cation SpeeifitYiam
hwhne.
Section 00970 Page 2
VOfsom chn
REQUEST FOR
INTERPRETATION
Project: R.F.I. Number:
To:
From:
Date:
A/E Project Number:
Re: Contract For:
Specification Section: Paragraph: Drawing Reference: Detail: -
Request:
Signed by: Date:
Response:
❑ Attachments
Response From: To: Date Rec'd: Date Ret0d:
Signed by: Date:
Copies: ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ []File
Copyright 1994, Construction Specifications Institute, Page of July 1994
99 Canal Center Plea, Suite 300 Alexandria, VA 22314 CS] Porn 13.2A
Section 00970 Page 3
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Project:
To:
Clarification Notice Number:
From:
Date:
CLARIFICATION
NOTICE
A/E Project Number:
Re: ContractFor:
This Clarification Notice is issued for the purpose of clarifying the Contract Documents based on an interpretation reasonably inferable
from the Contract Documents, and therefore has no effect on the Contract Sum or Contract Time. Proceeding with Work in accordance
with this Clarification Notice indicates acceptance with no change in the Contract Sum or Contract Time.
Specification Section: Paragraph: Drawing Reference: Detail:
Description:
❑ Attachments
Signed by: Date:
Copies: Cl Owner ❑ Consultants Cl- ❑ ❑ ❑ ❑ File
Copyright 1994, Construction Specifications Institute, Page of July 1994
99 Canal Center Plan, Suite 300 Alexandria, VA CSI Form 133A
22314
Section 00970 Page 4
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FIELD
ORDER
Project: Field Order Number:
To:
From:
Date.
A/E Project Number:
Re: Contract For
You are hereby directed to execute promptly this Field Order which interprets the Contract Documents or orders minor changes in the
Work without change in Contract Sum or Contract Time.
If you consider that a change in Contract Sum or Contract Time is required, submit a Change Order Request to the A/E immediately and
prior to proceeding with this Work.
Specification Section: Paragraph: Drawing Reference: Detaik
Description of Interpretation or Change:
❑ Attachments
Signed by: Date:
Copies: ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ ❑ File
Copyright 1994, Construction Specification institute, Page of Juiy 1994
99 Canal Center Pines, Suite 300 Alexandria, VA 22314 CSI Form I3AA
Section 00970 Page 1
SECTION 01010
SUMMARY OF WORK
PART 1 GENERAL
1.01 PROJECT SITE
A. Location: The (EPIC) Edora Pool & Ice Center is located at: 1801 Riverside, Fort Collins,
Colorado.
1.02 DESCRIPTION OF THE WORK
A. General: The Work generally consists of removal of a deteriorated EPDM roofing
membrane, and installation of a new .060 mil EPDM membrane. Existing ballast will be re-
used. New counter flashings and gravel stop flashings will be installed. Contractor will
provide a (2) two year workmanship warranty and a (20) twenty year materials warranty.
B. Unless otherwise stipulated, Contractor shall provide, at his expense, all materials, labor,
equipment, tools, transportation and utilities, including cost of connection necessary for
successful completion of the project.
C. It is the intent of the Owner not to disturb the normal functions of the complex, its residents
and their visitors, employees, vendors, suppliers, contractors or related outside businesses
during the work of this project.
D. The Contractor shall be responsible for seeing that all contractors, subcontractors, suppliers
and workmen associated with the project conduct themselves in a professional and
businesslike manner while on the site.
1. Alcoholic beverages and smoking will not be permitted on the site, anywhere within
the Owner's facilities or on the Owner's property.
2. All workers shall refrain from the use of profane or abusive language and other
forms of harassment on the site.
3. Other specific conditions of this Section shall be as arranged at the Pre -Construction
Conference.
4. Refer to Section 01046 for specific rights of the Owner's principal representative.
1.03 CONTRACTOR QUALIFICATIONS
A. Contractor Qualifications: General Contractor shall have completed at least three (3)
projects of similar size and complexity in the past five (5) years.
B. Superintendent Qualifications: Refer to Section 01041.
1.04 FORM OF BID AND/OR CONSTRUCTION CONTRACT
A. The work of this Project shall be bid and construction contracts awarded on the following
basis, unless otherwise modified in the General or Supplementary Conditions of the
Contract:
1. Lump sum basis.
END OF SECTION
01010 - 1
0237.07
SECTION 01025
MEASUREMENT AND PAYMENT
PART1 GENERAL
1.01 WORK INCLUDED
A. This Section covers methods of measurements and payment for items of Work covered in
the Bid Form/Bid Schedule.
1. Owner will not pay for defective work and will not pay for repair or additional work
required to bring the project to a point of acceptance.
B. Bid Price.
1. The Total Bid Price covers all Work required by the Contract Documents. All work
not specifically set forth as a pay item in the Bid Form shall be considered a
subsidiary obligation of the Contractor and all costs in connection therewith shall be
included in the prices bid for the various items of Work.
2. Prices shall include all costs in connection with the proper and successful
completion of the Work, including furnishing all materials, equipment and tools,
performing all labor and supervision to fully complete the Work, associated General
Conditions and Division 1 expenses associated with the Work, and the costs of
Contractor overhead, profit and bonding applicable to the particular Bid Item.
C. Related work specified elsewhere:
1. Bid Form/Bid'Schedule.
END OF SECTION
0237.05 01025-1
SECTION 01026
APPLICATIONS FOR PAYMENT
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. Submit Applications for Payment to Owner in accordance with the schedule established by
the General and Supplementary Conditions of the Contract and Owner -Contractor
Agreement.
B. Related requirements specified elsewhere:
1. Owner -Contractor Agreement:
a. Lump sum and unit prices.
b. Progress payments, retainages and final payment.
C. Allowable progress payments for Contractor overhead, profit and Division I
expenses.
2. Bid Form.
3. General and Supplementary Conditions:
a. Retainages.
b. Liquidated damages, if applicable.
C. Partial release of lien affidavits.
4. Section 01370, Schedule of Values.
5. Section 01700, Contract Closeout.
6. Section 01730, Operating and Maintenance Data.
1.02 FORMAT AND DATA REQUIRED
A. Submit itemized Applications typed on standard City of Fort Collins forms, unless otherwise
approved.
B. Provide itemized data on continuation sheet. Format, schedule, line items and values shall
be those of the Schedule of Values accepted by Architect.
C. Applications for payment shall include only that material, labor and/or stored material in
place as of the date of Application.
1.03 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT
A. Application Form:
1. Form shall be completed and notarized by a Notary Public, state of Colorado.
2. Fill in required information, including that for Change Orders executed prior to date
of submittal of Application. Incomplete Application forms shall be returned to the
Contractor and not processed.
3. Fill in summary of dollar values to agree with respective totals indicated on continua-
tion sheets.
4. Certification shall be executed with signature of a responsible officer of contract firm.
B. Continuation Sheets:
1. Fill in total list of all schedule component items of work with item number and
scheduled dollar value for each item.
2. Fill in dollar value in each column for each scheduled line item when work has been
performed or products stored, as of date of Application.
3. List each Change Order executed prior to date of Application at the end of the
continuation sheets.
a. List by Change Order number and description, as for an original component item of
work.
01026 - 1
0237.07
C. Retainage: The Owner shall withhold retainage from each progress payment, as stipulated
in the General and Supplementary Conditions. Contractor shall reflect the amount retained
on each Application for Payment.
D. Partial Release of Liens Affidavit: Contractor shall submit a Partial Release of Liens
Affidavit with each Application for Payment certifying payment to Subcontractors, material
suppliers or other entities having provided labor, materials and equipment related to the
Work covered by the previous Application for Payment, as specified in the General and
Supplementary Conditions.
E. Prior to acceptance of Application for Payment, Contractor shall show that project record
drawings are current and up to date per Section 01720, as requested by the Architect or
Owner.
F. Prior to acceptance of Application for Payment, Contractor shall provide certified payroll
reports, as requested by the Owner, in conformance with the requirements of the Davis -
Bacon Act.
G. Prior to acceptance of Final Application for Payment, Contractor shall submit complete
operating and maintenance manuals for review and acceptance by the Architect and Owner.
Refer to paragraph 1.06 below.
1.04 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS
A. When the Owner requires substantiating data, Contractor shall submit suitable information
with a cover letter identifying:
1. Project name, Application number and date.
2. Detailed list of enclosures.
3. Stored materials may be submitted for payment, provided they are stored on site, in
the Subcontractor's insured facility, or in a bonded warehouse facility as of the date
of Application.
a. Submit item number and identification as shown on Application, description of
specific material.
b. Submit certificate of insurance indicating coverage of stored materials, if
requested by the Owner.
B. Submit one (1) copy of data for each copy of Application.
1.05 PREPARATION OF APPLICATION FOR FINAL PAYMENT
A. Fill in Application form as specified for progress payments.
B. Use continuation sheet for presenting the final statement of accounting as specified in
Section 01700, Contract Close -Out.
1.06 SUBMITTAL PROCEDURE
A. Submit Applications for Payment to Architect within the time limitations and deadlines
stipulated in the Agreement.
B. Number: Four (4) copies of each Application, or as established at the Pre -Construction
Conference.
C. When Architect finds Application properly completed and correct, he will transmit Certificate
for Payment to Owner within seven (7) calendar days.
D. Final Certificate for Payment shall be processed only after operating and maintenance
manuals have been received, reviewed and accepted by the Architect and Owner.
END OF SECTION
01026 - 2
0237.07