HomeMy WebLinkAbout318518 ACC ROOFING - CONTRACT - CONTRACT - 37618 AGREEMENTS MISCELLANEOUSSPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
Old Sand/Salt Building Roof
PURCHASING DIVISION
215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS
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:
7.2.1Certificate of Substantial Completion
7.2.2 Certificate of Final Acceptance
7.2.3 Lien Waiver Releases
7.2.4 Consent of Surety
7.2.5Application for Exemption Certificate
7.2.6Application for Payment
7.3 Drawings, consisting of a cover sheet and sheets numbered as
follows:
Roof Plan A1.2
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.
8.2. No assignment by a party hereto of any rights under or interests in
the Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically but not
without limitations, moneys that may become due and moneys that are due may
not be assigned without such consent (except to the extent that the effect of
this restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment no assignment will release or
discharge that assignor from any duty or responsibility under the Contract
Document.
8.3. OWNER and CONTRACTOR each binds itself, its partners, successors,
assigns and legal representatives to the other party hereto, its partners,
successors, assigns and legal representatives in respect to all covenants,
Agreement and obligations contained in the Contract Document.
9/12/01 Section 00520 Page 4
OWNER: CITY OF FORT COLLINS
_ c
By:
JAMES B 'NEILL I, CPPO, FNIGP
DI TOR OF PURCHASING
AND RISK MANAGEMENT
Date:
Attest:
Address for gi'j},iri-g notice
P. O. Box 580
Fort Collins, CO 80522
CONTRACTOR: ACC Roofing Incorporated
By: 00
70�,(' toyfwy w
Title: p-"."f1j
Date: �G 14
(CORPORATE SEAL)
Address for giving notices:
%� 4//hr l0 E-VSd /
LICENSE NO.: Ins —/S-/9
9/12/01 Section 00520 Page 5
SECTION 00530
NOTICE TO PROCEED
Description of Work: Old Sand/Salt Building Roof
To: ACC Roofing Incorporated
This notice is to advise you:
That the contract covering the above described Work has been fully executed by
the CONTRACTOR and the OWNER.
That the required CONTRACTOR's Performance Bond and Payment Bond have been
received by the OWNER.
That the OWNER has approved the said Contract Documents.
Therefore, as the CONTRACTOR for the above described Work, you are hereby
authorized and directed to proceed within ( ) calendar days from
receipt of this notice as required by the Agreement.
Dated this day of , 20
The dates for Substantial Completion and Final Acceptance shall be
, 20 and 20 , respectively.
City of Fort Collins
OWNER
By:
Title:
ACKNOWLEDGMENT OF NOTICE
Receipt of
day of
CONTRACTOR
By:
Title:
the above Notice to
20
Proceed is hereby acknowledged this
7/96 Section 00530 Page 1
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
a) First National Bank
IRREVOCABLE LETTER OF CREDIT NO. 3398
October 6, 2006
APPLICANT: ACC Roofing, Inc.
918 West Mulberry Street
Fort Collins, CO 80521
BENEFICIARY: City of Fort Collins
Purchasing Division
215 North Mason Street, 2"d Floor
Fort Collins, CO 80521
Main Office
205 West Oak Street
P.O. Box 578
Fort Collins, CO 80522-0578
970.482.4861
We hereby establish this irrevocable Letter of Credit No. 3398 in favor of The City of Fort
Collins ("Beneficiary") for drawings up to Ninety -Two Thousand Four Hundred Dollars and
Zero Cents ($92,400.00) United States dollars effective immediately and expiring at our office at
205 West Oak Street, Fort Collins, Colorado 80521 with our close of business on December 31,
2006.
This Letter of Credit is intended for the funding required for the project: Old Sand/Salt
Building Roof . The term `Beneficiary" includes any successor by operation of law of the
named Beneficiary including, without limitation, any liquidator, rehabilitator, receiver or
conservator.
We hereby undertake to promptly honor your sight draft(s) drawn on us, indication our Credit
No. 3398, for all or any part of this Credit if presented at our office at 205 West Oak Street, Fort
Collins, Colorado 80521 on or before the expiration date or any automatically extended expiry
date. Partial Draw(s) are acceptable. The original of this letter of credit must accompany the
Draft(s).
Except as expressly stated herein, this undertaking is not subject to any agreement, condition or
qualification. The obligation of First National Bank under this Letter of Credit is the individual
obligation of First National Bank, and is in no way contingent upon reimbursement with respect
thereto.
This Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits of
the International Chamber of Commerce (Publication 500).
Sincerely,
First National Bank
By: a
Paul Benign
Assistant Vice President
SECTION 00610
PERFORMANCE BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS; that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as
the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City
of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal
Corporation) hereinafter referred to as the "OWNER", in the penal sum of
in lawful money of the United States, for the payment of which sum well and
truly to be made, we .bind ourselves, successors and assigns, jointly and
severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered
into a certain Agreement with the OWNER, dated the 27 th 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, Old Sand/Salt Building Roof.
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
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 day of ,
20
IN PRESENCE OF:
(Corporate Seal)
IN PRESENCE OF:
IN PRESENCE OF:
(Surety Seal)
Principal
(Title)
(Address)
Other Partners
By:
By:
Surety
By:
By:
(Address)
NOTE: DATE OF BOND MUST NOT BE PRIOR TO THE DATE OF THE AGREEMENT.
If CONTRACTOR is Partnership, all partners should execute Bond.
7/96 Section 00610 Page 2
SECTION 00615
PAYMENT BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as
the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto 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 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 27th 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, old Sand/Salt Building Roof.
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 _ day of ,
20 .
IN PRESENCE OF:
(Corporate Seal)
IN PRESENCE OF:
IN PRESENCE OF:
(Surety Seal)
Principal
By:
(Title)
(Address)
Other Partners
Surety
By:
By:
(Address)
NOTE: DATE OF BOND MUST NOT BE PRIOR TO THE DATE OF THE AGREEMENT.
If CONTRACTOR is Partnership, all partners should execute Bond.
7/96 Section 00615 Page 2
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance.
7/96 Section 00630 Page 1
CONTRACT DOCUMENTS TABLE OF CONTENTS
Section Pages
BID INFORMATION
00300 Bid Form 00300-1 - 00300-3
CONTRACT DOCUMENTS
00500 Agreement Forms 00500-1
00510 Notice of Award 00510-0
00520 Agreement 00520-1 - 00520-6
00530 Notice to Proceed 00530-1
00600
Bonds and Certificates
00600-1
00610
Performance Bond
00610-1 - 00610-2
00615
Payment Bond
00615-1 - 00615-2
00630
Certificate of Insurance
00630-1
00635
Certificate of Substantial Completion
00635-1
00640
Certificate of Final Acceptance
00640-1
00650
Lien Waiver Release(Contractor)
00650-1 - 00650-2
00660
Consent of Surety
00660-1
00670
Application for Exemption Certificate
00670-1 - 00670-2
CONDITIONS OF THE CONTRACT
00700
General Conditions
00700-1 - 00700-34
Exhibit
GC -A
GC -Al - GC-A2
00800
Supplementary Conditions
00800-1 - 00800-3
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
` CERTIFICATE OF LIABILITY INSURANCE
American Family Insurance Company ❑
American Family Mutual Imam inae Company If selection box is not checked.
6000 American Pky Madison, Wisconsin 53783-Ml
u
° Insured's Name and Address Agents Name, Address and Phone Number (AgtJDIsL)
ACC Roofing Inc. Daniel B Richmond (970) 484-2881
918 W Mulberry St. 923 E. Prospect Rd
Fort Collins, CO 80521-3515 Fort Collins, CO 80525-1110 (005-316
This cartlf ale is Issued as a matter of Informa4ion only and ooilfefs no rights upon the Certificate Holder.
n This certificate does not amend, extend or after the coverage afforded by the policies listed below.
This N to ce * lest policies of Kor ange listed below have been Nand to to insured rrmed above for the policy PeMd Indiraled, no wdMaMing any ,egiiagnen, tam or condition of any contract or oiler
doeuma t with respect to which this Will"& may be Nand of may Wien. the kwursnes aitorded by dr poldn dnoV*d larch is k bjsd to ad the tame, ewasiom. and wnMww of each pdUm.
TYPE OF INSURANCE
POLICY NUMBER
POLICY DATE
LIMITS OF LIABILITY
FCTrvr I ATlof+
Homttownersl
Bodily Iniury and property Damage
Mobilehomeowners Llabgity
Each Occurrence $ 000
Boatowners Liability
Bodily tiNy and Property Damage
Each Oaarence $ 000
Personal Umbrella LiabilityBodily
ladury and property Damage
Each Oomraroe $ 1000
Farm Liability a personal Liability
FalmiRanchLiability
Each Occurrence $ 000
Farm Employers Liability
Each occurrence $ 000
Workers Compensation and
StB1i1oc
Each Accident $ ,000
Employers Liability t
Disease - Each Employee $ ,000
Disease -Poky lens $ .000
General Liability
General Aggregate $ 2,000 000
products - CWWWW OpsmWors;$ 2,000 0o0
® Commercial General
personal and Adveme $ 1,000,000
Liability (occurrence)
1-1OS
XF9581 01
5/24I2006
5124I2007
Each ocrmerre $ 1,000 000
❑Dogerpe
toPremiseenededtoYou $ 100 000
Medical ore person $ 5
Buldnessowners Liability
Each Ocasrenret t $ ,000
Aggregatett $ ,000
Liquor L'labifty
conaron cause unit $ ,000
Agpegare Limt $ ,000
Automobile Liability
Bodily lojrey-EAchPerson $ 1,000,000
❑ Any Auto
❑ All Owned Autos
Bodily" -Each Accident $ 1,000 ,000
® Scheduled Autos
05-XF9581-02-00
6/1812006
6/18/2007
$
® Hired Auto
Properly Damage 11000,000
ilia Nonowned Autos
❑
Bodily ejay and Properly Damage Combined $ '000
Excess Llabitlly
❑ Commercial Blanket Excess
Each 0ocarrencrZAggregoe $ 000
Other (Miscellaneous Covereees)
/ LocAmw I vrHnM /FnTMffM 7 NEW rrEms t The individual or partners shown as bond ❑ Have ❑ Bare rot
The commercial general liability coverage is endorsed to include The City of Fort Collins as additional insured slacked to be covered or effOyen under90 polity.
on the CO 20 12 07 98 endorsement - permits t t PmdumCdrplded DpadNne aggrepeM N equal to each
occurrence knit and is included in policy aggrepals.
5— �01r tl
Should any of the above de ctes libe cancelled before the
• The City of Fort Collins date thereof, the comparry will endeavor tD mall •( To days)
=bmtkxl
P O Box 580 written notice to the Cartytcste Holder named, but failure to mail such
Fort Collins Co 80522 notice shell impose no obligation or liability of any kind upon the
•10
company, Its agents or representatives. days unless different
Shown.
number oFdays
224-6134 ❑ This certifies coverage on the date of issue only. The above
described policies are subject to cancellation In conformity with their
terms and by the laws of the state of issue.
10/2/2006
U-MI Ed. 3/00
Certificate Holder ' Stock No. 06868 Rev. 7/02
1W/ UL/GVU0 11:14AM Yinnacol Assurance PAUL z ur a
nPOGum
Plmao0l AI/IrOnco
7601 E Lowry BW
DENVER CO 80230.7006
INSUOD
ACC ROOFING INC
919 WEST MULBERRY ST
FORT COLLINS CO 60521
CERTIFICATE OF LIABILITY INSURANCE 1oios/so00
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIM
1 ANY REQUIREMENT, TERM OR CONOITKIN 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 IB SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
PO ICI L MIT SHOWN M HAVE BE B A c MAS ES. LIMITS MAY V BEEN REDUCED Y PAID
LA
IRgE
LTR
AWL
INTO
TYRE OF INSURANCI
POUCY NUMOI
POLICY(FFICTIVE
DATEIMMAIOMTTI
POLICY EXPIRATION
DATIOIMODMYT1
UAUTS
N(dRAL UAAIRT
COMM(ROLL OIN61W. LIAILITY
CWMIMAO( ❑ OCCUR
(ACNOCCURRENCF
OAMAOE TO RENTS)
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FIRSONAL L ADV INlUIY
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AUTOMOSIL(LMILRT
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4081645
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0610112007
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SEE LACK OF CERTIFICATE FOR CLASS COVERAGE AND OWNERSHIP COVERAGE DETAIL
J
CERTIACATE HOLDER
SIOB48
CITY OF FORT COLLINS
215 NORTH MASON
�i. FORT COLLINS CO W522
l
a
i
ACORD 28(2001108)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
ITUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS 9B REPRESENTATrVI
AUTHORED IIEPNEBENTA11VE
Nichole Valdez
Underwriter ACORD CORPORATKAF IM
nxxAwee a..nJ /EMRRwAD.L, 10A2RISII:4:u AOSIEEI U.A.Iw: 1IAIn(IEMMOO W136
10/02/2008 11:13AM Pinnacol Assurance PAGE: 3 ur 3
POLICY HOLDER COPY
P
ACC ROOFING INC
918 WEST MULBERRY ST
FORT COLLINS CO 80621
POLICY NUMBER: 4081645
BUSINESS LOCATION: ACC ROOFING INC
CLASSIFICATION OF OPERATION
CLASS DESCRIPTION
65610BROOFING-ALL KINDS & DRIVERS
874205OUTSIDE SALESPERSON
IbPORTANT
If the cenHiwto holder is an ADDITIONAL INSURED,
the poYwyOas) must be endorsed. A statement on
this aertifloste don not oonfor rights to the
caniflcate holder In Wu of such endveement(s).
0 SUBROGATION IS WANED, "Dot to the ferms and
conditions of the policy, oertion policies may
requite an endvnment. A statement on this
certlfioate does not confer rights to the
certificate holder in fieu of such sndvssma rt(s).
DISCLAIMER
The Conificato of Ineurenw on the revers side
of this form does not constitute a contract between
the issuing Instrv(s), authorized representative
or producer, and the certificate holder, nor don it
affirmatively or negatively amend, attend or alter
the coverage afforded by the policies rated thereon.
COVERAGE
COVERAGE
EFFECTIVE
EXPIRES
06/01/2006
06/01/2007
06/01/2008
06/01/2007
RATI
TYPE
EM
EM
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS
(OWNER)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: Old Sand/Salt Building Roof
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE:
OWNER: City of Fort Collins
CONTRACTOR: ACC Roofing Incorporated
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
substantially complete and will assume full possession of the
specified area of the project at 12:01 a.m., on
responsibility for heat, utilities, security, and insurance under
Documents shall be as set forth under "Remarks" below.
CITY OF FORT COLLINS, COLORADO By:
OWNER
REMARKS:
project as
project or
The
the Contract
AUTHORIZED REPRESENTATIVE DATE
7/96 Section 00635 Page 1
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
, 20
TO: ACC Roofing Incorporated
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, Old Sand/Salt Building Roof.
A check is attached hereto in the amount of $ as Final Payment for
all Work done, subject to the terms of the Contract Documents which are dated
, 20
In conformance with the Contract Documents for this project, your obligations
and guarantees will continue for the specified time from the following
date: f 20
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: ACC Roofing Incorporated (CONTRACTOR)
PROJECT: Old Sand/Salt Building Roof
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
passible 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 , 20
CONTRACTOR: ACC Roofing Incorporated
By:
Title:
ATTEST:
Secretary
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this day of
20 , by
Witness my hand and official seal.
My Commission Expires:
Notary Public
7/96 Section 00650 Page 2
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins, Colorado
(hereinafter referred to as the "OWNER")
CONTRACTOR: ACC Roofing Incorporated
PROJECT: Old Sand/Salt Building Roof
CONTRACT DATE: September 27, 2006
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
OR 0172(1 Zn8)
COLORADO DEPARTY ENT OF REVENUE
DENVE CO 2-2416 81
(303) ZJ2-2416 CONTRACTOR APPUCATION
FOR
EXEMPTION CERTIFICATE
RursuanttoSMte
Seddon 39-26.114(1 xa)QM
DO 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 responsibility of the prime
contractor to issue certificates to each of the subcontractors. (See reverse side).
FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED.
Reg ao-atb ccout o, to be assigned by
Period
0170-750 (999) $0.00
89 -
fill ra ❑am er, porunw. or corporate name:
Mailing address (City, SW7pT
Go-n7ctVe—rsoF—
E-Mail address
a ere poye s Idenificstion Number: amount or your contract
ax um ac Business telephone number Colorado w1hholding IN account number
Nam of exemp organza on as shown on contracti Exemptofgemza n s num r. Ell
98 -
Address of exempt organization I Lip):
Principal contact at exemp organl2a Ion:
PMcipal contacts telephone number
Physical oce on of progec sl give actual address wnen SPPIICSDle and uses an or County fes)re project Is located)
Scheduled Morth uay Year Estimated TJ.Ih Day Year
construction start date'. mmpletlon date'.
it
I dedere under pertatty of perjury in the second degree that the statements made in this application are true and
complete to the best of my IcnoWedge.
signature of owner, partner or corporate officer:
TiWo7fcorporate officer:
Date
UU NU 1 VVKI It: ISELUYP 1 Klu LINE
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 exam ption 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 in the event of an audit.
Once an 89# has been assigned to you, please use the next five numbers following it for any applications
submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-
12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeed-
ing numbers will be issued by the Department of Revenue. 00 NOT enter what you believe to be the next in
sequence as this may delay processing of your application.
Section 00670 Page 2
SECTION 00300
BID FORM
SECTION 00700
GENERAL CONDITIONS
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
These GENERAL CONDITIONS have been developed by using the
STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION
CONTRACT prepared by the Engineers Joint Contract Documents
Committee, EJCDC No. 1910-8 (1990 Edition), as a base. Changes to
that document are shown by underlining text that has been added and
striking through text that has been deleted.
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
TABLE OF CONTENTS OF GENERAL CONDITIONS
Article cT Paragraph Page Article or Paragraph
Number & Title Number Number & Title
DEFINITIONS
1.1
Addenda
1.2
Agreement ..........................................
1
1.3
Application for Payment,,,,,,,,,,,,,,,,,,,,,,
1.4
Asbestos
1.5
Bid
1.6
Bidding Documents .......... ................
1.
1.7
Bidding Requirements, ...... .............
1.8
Bonds
1.9
Change Order .....................................
I
1.10
Contract Documents .............................
1.
1.11
Contract Price .................................1
1.12
Contract Times ........................... ........
1
1.13
CONTRACTOR
1
1.14
defective ............................................1 .
1.15
Drawings ... ...................................
1
1.16
Effective Date of the Agreement..,,,,.,,,,
1
1.17
ENGINEER
1.18
ENGMER's Consultant
1.19
Field Order
1
1.20
General Requirements ..........................
2
1.21
Hazardous Waste
2
1.22.a
Laws and Regulations; Laws or
Regulations .......................................
2
1.22.b
Legal Holidays .....................................
2
1.23
Liens
1.24
Milestone . ...........................................
1.25
Notice of Award
2
1.26
Notice to Proceed
2
1.27
OWNER
2
1.28
Partial Utilization
2
1.29
PCBs:
1.30
Petroleum
1.31
Project ................................................2
1.32.a
Radioactive Material
1.32.b
Regular Working Hours ........................
1.33
Resident Project Representative........._..2
1.34
Samples,,,,,,,,,,,,,, ...............................
1.35
Shop Drawings._ ...------.........__---__2
1.36
Specifications ............... ................
2
1.37
Subcontractor
2
1.38
Substantial Completion ..... ..........
...... 2
1.39
Supplementary Conditions,,,..,,,,._,,,.,,
. 2
L40
Supplier ......... ........... I .......... I .........
I .... 2
1.41
Underground Facilities ......................
2-3
1.42
Unit Price Work,,,,,,,,,,,,,,,„..,,,,,..,,,,,,..3
1.43
Work
3
1.44
Work Change Directive .......................3
3
L45
Written Amendment ..............................
3
Page
Number
PRELIMINARY MATTERS
3
2.1
Delivery of Bonds......._ I .................
_3
2.2
Copies of Documents ......................
2.3
Commencement of Contract
Times; Notice to Proceed ................
1
2.4
Starting the Work.. ..........................
3
2.5-2.7
Before Starting Construction;
CONTRACTOWs Responsibility
to Report; Preliminary Schediles;
Delivery of Certificates of
Insurance ..........
3-4
2.8
Preconstruction Conference ............4
2.9
Initially Acceptable Schedules ......
4
CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
4
3.1-3.2
Intent
4
33
Reference c e to Standards aniSp�"' Speci-
fications of Technical Societies;
Reporting and Resolving Dis-
crepancies .................................
4-5
3.4
Intent of Certain Terms or
Adjectives.....- .............. .........
5
3.5
Amending Contract Doctm ents, ........
5
3.6
Supplementing Contract
Documents
5
3.7
Reuse of Docura ent$................ I .........
5
AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
5
4.1
Availability of Lands ......................
5-6
4.2
Subsurface and Physical
Conditions
6
4.2.1
Reports and Drawingk .... .................
4.2.2
Limited Reliance by CONTRAC-
TOR Authorized; Technical
Data
6
423
Notice of Differing Subsurface
or Physical Conditions ....................
6
4.14
ENGINEERS Review
4.2.5
Possible Contract Documents
Change................
' ' ' "'
'** 6
4.2.6
:
Possible Price and Times
Adjustments ...............................
6-7
4.3
Physical Conditions --Underground
Facilities
7
4.3.1
Shown or Indicated
7
4.3.2
Not Shown or Indicated
7
4.4
Reference ... .................. Points
.
7
EJCDC GENERAL CONDITIONS 1910 -8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/991)
Article or Paragraph Page Article or Paragraph Page
Number & Title Number Number & Title Number
4.5
Asbestos, PCBs, Petroleum,
Hazardous Waste or
Radioactive Material
7-8
BONDS AND INSURANCE .................................
8
5.1-5.2
Performance, Payment and Other
Bonds..............................................
9
5.3
Licensed Sureties and Insurers;
Certificates of Insurance, _ . _., ,.
,.. ,,. 8
5.4
CONTRACTOR's Liability
Insurance..........................................9
5.5
OWNER;s Liability Insurance ...............
5.6
Property Insurance, .. _ _.. .........9-10
5.7
Boiler and Machinery or Addi-
tic nal Property Insurance .... I ............
10
5.8
Notice of Cancellation Provision
10
5.9
CONTRACTOR's Responsibility
for Deductible Amounts, ................
JO
5.10
Other Special Insurance .....................10
5.11
Waiver of Rights................................11
5.12-5.13
Receipt and Application of
Insurance Proceeds ......................
10-11
5.14
Acceptance of Bonds and Insa-
ance; Option to Replace ....................11
5.15
Partial Utilization --Property
Insurance ........................................
I I
CONTRACTOR'S RESPONSIBILITIES
11
6.1-6.2
Supervision and Superintendence .......
11
6.3-6.5
Labor, Materials and Equipment.,.
11-12
6-6
Progress Schedule... ...........................
12
6.7
Substitutes and "Or -Equal" Items;
CONTRACTOR's Expense;
Substitute Construction
Methods or Procedures;
ENGINEER'S Evaluation .......... ...12-13
6.8-6.11
Concerning Subcontractors,
Suppliers and Others;
Waiver of Rights .........................13-14
6.12
Patent Fees and Royalties....................14
6.13
Permits .............................................
14
6.14
Laws and Regulations .......................14
6.15
Taxes...........................................14-15
6.16
Use of Premises................................15
6.17
Site Cleanliness ................................
15
6.18
Safe Structural Loading .... .....
__--- 15
6.19
Record Documents, .... ... I ....................15
6.20
Safety and Protection .........._........15-16
6.21
Safety Representative .........................16
6.22
Hazard Communication Programs......
16
6.23
Emergencies............ _......................16
624
Shop Drawings and Samples..............16
6.25
Submittal Proceedures; CON-
TRACTOR's Review Prior
to Shop Drawing or Sample
Submittal....................................16
6.26
Shop Drawing & Sample Submit-
tals Review by ENGINEER ......
16-17
6.27
Responsibility for Variations
From Contract Docum ents,..........17
6.28
Related Work Performed Prior
to ENGINEER's Review and
Approval. of Required
Submittals17
6.29
Continuing the Work ............
....17
6.30
CONTRACTORS General
Warranty and Guarantee ..............
17
6.31-6.33
Indemnification .......... ...............
17-18
6.34
Survival of Obligations...................18
OTHER WORK.................................................18
7.1-7.3
Related Work at Site„................„...18
7.4
Coordination .....................
_...18
OWNER S
RESPONSIBILITIES .........................18
8.1
Communications to CON-
TRACTOR.......:.........................18
8.2
Replacement of ENGINEER...........
18
8.3
Furnish Data andPay Promptly
When Due..................................18
8.4
Lands and Easements; Reports
and Tests...............................18-19
9.5
Insurance.......................................19
8.6
Change Orders...........................I...19
8.7
Inspections, Tests and
Approvals .................... ...........
....19
8.8
Stop or Suspend Work;
Terminate CONTRACTORS
Services......................................19
8.9
Limitations on OWNER'S
Responsibilities ............................19
8.10
Asbestos, PCBs, Petroleum,
Hazardous Waste or
Radioactive Material .....................
19
8.11
Evidence of Financal
Arrangements., ...........................19
ENGINEERS STATUS DURING
CONSTRUCTION .............................................
19
9.1
OWNER's Representative ...............
19
9.2
Visits to Site.,,...
19
9.3
Project Representative ................19-21
9.4
Clarifications and Interpre-
tations ........................................
21
9.5
Authorized Variations in Vbrk
21
EICDC. GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
Page
Article or Paragraph
Page
Number & Title
Number
Number & Title
Number
9.6
Rejecting Defective Work ................_
21
13.8-13.9
Uncovering Work at ENGI-
9.7-9.9
Shop Drawings, Change Orders
NEERsRequest .....................27-28
and Payments....................................21
13.10
OWNER May Stop the Work..........28
9.10
Determinatims for Unit Prices,,....
21-22
13.11
Correction or Removal of
9.11-9.12
Decisions on Disputes; ENGI-
Defective Work ...........................28
NEER as Initial Interpreter...... ....
.... 22
13.12
Correction Period ...........................
28
9.13
Limitations on ENGINEER'S
13.13
Acceptance ofDefective Work .........
28
Authority and Responsibilities .....
22-23
13.14
OWNER May Correct Defective
Wok .....................................
28-29
CHANGES IN THE WORK .......... ...... ..._................
23
10.1
OWNER's Ordered Change................23
14. PAYMENTS TO CONTRACTOR AND
10.2
Claim for Adjustment ........................23
COMPLETION.................................................
29
10.3
Work Not Required by Contract
14.1
Schedule of Values .........................29
Documents ................. ..............
23
14.2
Application for Progress
10.4
Change Orders ..................... I
23
Payment..............
...29
10.5
Notification of Surety... ......................
23
14.3
CONTRACTOR's Warranty of
Title
29
CHANGE OF CONTRACT PRICE .............................23
14.4-14.7
Review of Applications for
11.1-11.3
Contract Price; Claim for
Progress Payments ............. .....
29-30
Adjustment; Value of
14.8-14.9
Substantial Completion ..................
30
the Work
23 24
14.10
Partial Utilization
30-31
11.4
Cost of the Work ..........................24-25
14.11
Final Inspection ..._.............. ....
...... 31
11.5
Exclusions to Cost of the Work...,,,....
25
14.12
Final Application for Payment....
....31
11.6
CONTRACTOR's Fee .........................
14.13-14.14
Final Payment and Acceptance
....... 31
11.7
Cost Records ......... .......-_25-26
14.15
Waiver of Claims ........
..31-32
11.8
Cash Allowances...............................26
11.9
Unit Price Work...............................26
15. SUSPENSION OF WORK AND
TERMINATION
.....................
...................
32
CHANGE OF CONTRACT 'TIMES ............................26
15.1
OWNER May Suspend Work ..........
32
12.1
Claim for Adjustment .....................„
26
15.2-15A
OWNER May Terminate..,,,,,,,....,,,
32
12.2
Time of the Essence. _ .......26
15.5
CONTRACTOR May Stop
12.3
Delays Beyond CONTRACTOR's
Work or Terminate ........... ......
32-33
Control .......................................
26-27
.
12.4
Delays Beyond OWNER's and
16, DISPUTE RESOLUTION ................................„
33
CONTRACTOR's Control
27
17. MISCELLANEOUS...........................................33
TESTS AND INSPECTIONS; CORRECTION,
17.1
Giving Notice................................33
REMOVAL OR
ACCEPTANCE OF
17.2
Computation of Times ...................
33
DEFECTIVE WORK..................................................27
17.3
Notice of Claim ..............................
33
13.1
Notice of Defects...............................27
17.4
Cumulative Remedies, ....................
33
13.2
Access to the Work
27
ITS
Professional Fees and Court
13.3
Tests and Inspections;
Costs Included .............................33
CONTRACTOR's Cooperation.........
27
17.6
Applicable State Laws ...............
33-34
13.4
OWNER's Responsibilities;
Intentionally left blank.... ...... I ............... I .........
,,,35
Independent Testing Laboratory„....
27
13.5
CONTRACTOR's
EXHIBIT GC -A:
(Optional)
Responsibilities ...........................
.... 27
Dispute Resolution Agreement ..,..,._........ _...
GC -Al
13.6-13.7
Covering Work Prior toInspec-
16.1-16.6
Arbitration._ ....._„ ,....,,,(IC
-AI
tion, Testing or Approval................27
16.7
Mediation.,,.,_...,,_,.._ ...............
GC -Al
EJCDC GENERAL CONDITIONS 19I0-9 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
INDEX TO GENERAL CONDITIONS
City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index
Article or Paragraph
Num her
Acceptance of --
Bonds and Insurance. . ....................
I .................. 5.14
defective Work,,,,,,,,,,,,,,,,,,,,,,,,,,,
10.4.1, 13.5, 13-13
final payment ........................................
9J2, 14.15
insurance.........................................................
504
other Work by CONTRACTOR ...............
.......... 7.3
Substitutes and "Or -Equal" ltem$
..................... k. 7.1
Work by OWNER .... .........................
2.5, 6.30, 6.34
Access to the --
Lands, OWNER and CONTRACTOR
responsibilities......_ ......... ............................
4.1
site, related Work ...............................................
7.2
Work .. . ........ ................... ..........
13.2,13.14,14.9
Acts or Omissions-, Acts and Om issions--
CONTRACTOR ...................................6.9.1,
9.13.3
ENGINEER ..........................................
6. 20, 9.13.3
OWNER...............................................
.... 0.20,8.9
Addenda --definition of (also see
definition of Specifications) .......(1.6,1.10,619),L]
Additional Property Insurances ....................
............ 5.7
Adjustor ents--
Contract Price or Contract
Times ...........................1.5,
3.5, 4.1, 4.3.2, 4.5,2,
........................... 4.5.3, 9.4, 9.5, 10.2-10.4,
........ I . .............. ... I ............
11, 12, 14.8, 15.1
progress schedule ...............................................
6.6
Agreement --
definition of
1.2
"All -Risk" Insurance, policy form ............................5.6.2
Allowances, Cash,,. , ...
.................. _ .11.8
Amending Contract Documents ... - ..........
I ....... I ......... 3.5
Amendment, Written --
in general ................. 1. 10, 1.45,
3.5, 5.10, 5.12, 6.6.2
... ...... I ................ 0. 8.2,619, 10.1, 10.4, 11.2
I ...................................12.1,
13.12.2,14.7.2
Appeal, OWNER or CONTRACTOR
intent to .......................... 9. 10, 9-11, 10.4, 16.2, 16.5
Application for Payment --
definition of
1.3
ENGINEER's Responsibility.. ........................
..... 9.9
final payment .................
.......... 9.13A,
9.115, 14.12-14.15
in general ..........................2.8,
2.9, 5.6.4, 9.10, 15.5
progress payment, ....... ......
........... I ... 114.1-14.7
review of
14,4-14,7
Arbitration
1.6.1-16.6
Asbestos --
claims pursuant thereto ..........................4.5.2,
4.5.2, 4.5.3
CONTRACTOR authorized to stop Work. _ . ....... 4.5.2
definitionof .............. .... ___ ..........................
JA
Article or Paragraph
Number
OWNER responsibility for ....... .....................
4.51,8.10
possible price and times change ........................
4.5.2
Authorized Variations in Work_..,,,,,,
3.6, 6.25, 6.27, 9.5
Availability of Lands ..........................................4.1,
8.4
Award. Notice of --defined ... .............
................... 1.25
Before Starting Construction ...............................
2.5-2.8
Bid --definition of ........................1.5
(1.1, 1.10, 2.3, 3.3,
........................ A. 2,6A, 6.13, 11.4.3, 11.9. 1)
Bidding Documents --definition
of............ ....................
............ 1.6(6.8.2)
Bidding Requirements --definition
of ......................................1.7
(1.1, 4.2.6.2)
Bonds --
acceptance of ....................................................5.14
additional bonds ..................................10.5,
11.4.5.9
Cost of the Work ......................
_ ............ 11.5.4
definition of
1.8
delivery of ............................. _ ....................
7.1,5.1
final Application for Payment ........
......... 14.12-14.14
general ..................... .................
1.10, 5.1-5.3, 5,13,
......... I ....... I ......................
9.13, 10.5, 14.7.6
Performance, Payment and Other ...................
5.1-5.2
Bonds and Insurance --in general .................................
5
Builder's risk "all-risk" policy form, ........................
5.6.2
Cancellation Provisions, Insurance,...,,,,
5.4.11, 5.8, 5.15
Cash Allowances
11.8
Certificate of Substantial Completion
........ 1.38,6.30.2,3,
......................... _ ......................
14.8,14.10
Certificates of Inspection ...................9.13.4,
115, 14.12
Certificates of Insurancq ............. 2.7,
5.3, 5.4.11, 5.4.13,
- .....................5.6.5, 5,8,
5.14, 9.13.4, 14.12
Change in Contract Price --
Cash Allowances
11.8
claim for price
adjustment,,..._,,,... 4.1, 4.2.6,
4.5, 5.15, 6.8-2, 9.4
.................... 9.5, 9.11, 10.2,
10.5, 11.2, 13.9,
... ............... ..... 13.13, 13.14,
143, 15.1, 15.5
CONTRACTORS fee... I ........... .......
I .......... I ...... 11.6
Cost of the Work
general ............................. ...............
J1.4-11.7
Exclusions to
11.5
Cost Records
11.7
in general .............1.19, 1.44, 9.11,
10.4.2, 10.4.3, 11
Lump Sum Prieng..........................................11.3.2
Notification of Surety .. ......................
_ ........... 10.5
Scope of, � ........... ...... _ ......
............. 10.3-10.4
Testing and Inspection,
Uncovering the Work ..........................
....... 13.9
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
W/ CITY OF FORT COLLINS MODIFICATIONS (REV 91")
Unit Price Work..11.9
.........................................
Article or Paragraph
Number
Value of Work ......... .............. .............
...._........ 11.3
Change in Contract Times --
Claim for times adjustment ....... ,4.1,
4.2.6, 4.5, 5.15,
..... 6.8.2, 9.4, 9.5, 9.11,
10.2, 10.5, 12.1,
....... I .... 13.9, 13.13, 13.14, 14.7, 15.1, 15.5
Contractual time limits........
.............:.12.2
Delays beyond CONTRACTORs
control........................................................12.3
Delays beyond OWNER's and
CONTRACTOR's conttol ............................12.4
Notification of surety,,,,,,,,,,,,,,,,,
I ................ I ...... 10.5
Scope of change........................................10.3-10.4
Change Orders --
Acceptance of Defective Work...........................13.13
Amending Contract Documents,,,
.....I.........3.5
Cash Allowances..............................................11.8
Change of Contract Price.....................................I
I
Change of Contract Times , ,,,,,,
,,,_,,,.,,. 12
Changes in the Work., ...._,
_..,., , 10
CONTRACTOR's fee.............................___.„...11.6
Cost of the Work ..............................:........
11.4-11.7
Cost Records ....................................
_.......... 11.7
definition of................_.,.....................................1.9
emergencies....................................................
6.23
ENGINEER's responsibility...... _
9.8, 10.4, 11.2, 12.1
execution of......................................................10.4
Indemnifiction .........................6.12,
6.16, 6.31-6.33
Insurance, Bonds and„ .............5.10,
5.13, 105
OWNER may terminate:............................15.2-15.4
OWNERsResponsibility ....................
.......8.6, 10.4
Physical Conditions --
Subsurface and ..............................................
4.2
Underground Facilities-- ..........................
_ 4.3.2
Record Documents ,
............................
6.19
Scope of Change ........................
I .............. 10.3-10.4
Substitutes .............................................
6.7.3, 6.8.2
Unit Price Work...............................................11.9
value of Work, covered by.................................11.3
Changes in the Work.. . ..... I I ........................................
10
Notification of surety .........................................tq.5
OWNER's and CONTRACTOR's
responsibilities.............................:..............10.4
Right to an adjustment......................................10.2
Scope of change .........................
I ...... ... ..... 10.3-10.4
Claims --
against CONTRACTOR....................................6.16
against ENGINEER, --...................
:......_.........6.32
against OWNER...............................................6.32
Change of Contract Rice,,,_,,,,,,,,,,,,,__.,,,._
9.4, 11.2
Change of Contract Times...,,,,._
............... 9A, 12.1
CONTRACTORs.............4,
7.1, 9.4, 9.5, 9.11, 10.2,
.......................11.2,
11.9, 12.1, 13 - 9, 14.8,
............................................15.1,
15.5, 17.3
CONTRACTORS Fee.......................................11.6
Article or Paragraph
Number
CONTRACTORs liability......... 5.4, 6.12, 6.16, 6.31
Cost of the Work.......................................11.4,
11.5
Decisions on Disputes...............................9.11,
9.12
Dispute Resolution............................................16.1
Dispute Resolution Agreement, „ „_.........16.1-16.6
ENGINEER as initial interpretor ..„.....
., pit i 1
Lump Sum Pricing.........................................11.3.2
Notice of ...................... .............................
...... 17.3
OWNER& ................... 9.4, 9.5, 9.11,
10.2, 11.2, 11.9
...................... 12.1,13.9,13.13,13.14,17.3
OWNERs liability ..............................................
5.5
OWNER may refuse to make payment
................14.7
Professional Fees and Court Costs
Included.....................................................17.5
request for formal decision on . ..........................9.11
Substitute Items ............................... ..............1.2
Time Extension ... .... .... .... ....
.........12.1
Time requirements ........ .. ..........9.11,
12.1
Unit Price Work,
11.9.3
Valueof...........................................................1.1.3
Waiver of--cn Final Payment .................
14.14, 14.15
Work Change Directive.....................................10.2
written notice required .................. _,9.11,
11.2, 12.1
Clarifications and Interpretations„..........
3.6.3, 9.4, 9.11
Clean Site
6.17
Codes of Technical Society, Organization
or Association .................................................
3.3.3
Commencement of Contract Times .... .....
......... 3.3
Communications--
general..............................-...............6.2,
6.9.2, 8.1
Hazard Communication Programs .....................
6.22
Completion --
Final Application for Payment .........................14.12
Final Inspection .................................
_ _.........14.11
Final Payment and Acceptance ...............14.13-14.14
Partial Utilization...........................................14.10
Substantial Completion ......................1.38,
14.8-14.9
Waiver of Claims ............... _.......... _..............,14.15
Computation of Times .............. ............ ....
17.2.1-17.2.2
Concerning Subcontractors, Suppliers
and Others ....................................................
6.8-6.11
Conferences --
initially acceptable schedules ...... .......
.. ............... 2.9
preconstruction..................................................
2.8
Conflict, Error, Ambiguity, Discrepancy --
CONTRACTOR to Report ..........................2.5,
3.3.2
Construction, before starting by
CONTRACTOR ............................................
2.5-2.7
Construction Machinery, Equipment, etc,
... ........... _6.4
Continuing the Wok, ...... .......
„ 6.29, 10.4
Contract Documents --
Amending..........................................................3.5
Bonds.............................................................
5.1
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
wl CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Cash Allowances jI.8
Article or Nragraph
Number
Change of Contract Price,.,.,„ .............................
11
Change of Contract Times, ....... ..........................
12
Changes in the Work..,,, ._.
10.4-10.5
check and verify......._.._. ..........................
2.5
Clarifications and
Interpretations ......................... 3.2, 3.6, 9.4, 9.11
definition of .... I .... 1 .................. _ ............
1 ...... 1.10
ENGINEER as initial interpreter of ...... ........
... 9.11
ENGINEER as OWNEWs representative,,,,,,,,,,,,,
9.1
general3
Insurance...........................................................5.3
Intent......................................... ; ..............
3.1-3.4
minor variations in the Work .............................
1.6
OWNEWs -responsibility to fumish data,,,,,,,,,,,,,,
8.3
OWNERS responsibility to make
prompt payment .......................... 83,14A,
14,13
precedence .................. ........................
3.1,3.3.3
Record Documents
19
Reference to Standards and Specifications
of Technical Societies,,.,.... I ...........................
3.3
Related Work. . ....... ............... _ ...... _ ............
.. 7.2
Reporting and Resolving Discrepancies.,.,.._,
25.3.3
Reuseof . . ........ ............................
...... 3.7
Supplementing..................................................
3.6
Term ination of ENGINEERS Employment,,,,,...,, 8.2
Unit Price Work, .........
I ... I ............ I ................. J1.9
variations...,.,.,._...............................
3.6, 6,23, 6.27
Visits to Site, ENGINEERN .......... ..................... 9.2
Contract Price --
adjustment of...............3.5,
4.1, 9.4, 10.3, 11.2-11.3
Changeof.., ........ I .... I .............
................... ......... I I
Decision on Disputes ........................
............... 9-11
definition of .....................................................1.11
Contract Times-
adjustrnent,of...........................3.5,
4.1, 9.4,10.3, 12
Change'of ..........................................
...... 111- 12.4
Commencement of .............................................2.3
definition of .....................................................
1.12
CONTRACTOR—
Acceptance of Insurance...,........
I ....................... 5.14
Communications .......................................
6.2,69.2
Continue Work ........................................6.29,
10.4
coordination and scheduling ............................6.9.2
definition of .............. ............
_ ....................... 1.13
Limited Reliance on Technical
Data Authorized
4.2.2
May Stop Work or Terminate............
_......._15.5
provide site access to others ... ....................
7.2, 13.2
Safety and Protection,,,,,,,,,,,,,,,,,,,
4.11.2, 6.16, 6.18,
........
16.21-6.23, 7.2, 13.2
Shop Drawing and Sample Review
Prior to Submittal........................................6.25
Stop Work requirements .............................I....4.5.2
CONTRACTORs-
Article or Paragraph
Number
Compensation.,,,..,. , ... I ... I ...... ... ......
11.1-11,2
Continuing Obligatiorx., ..................................
14.15
Defective Work„_.._ . ... ___...........9.6, 13.10-13.14
Duty to correct defective Work ..........................13.11
Duty to Report --
Changes in the Work caused by
Emergency .................. ..
6.23
Defects in Work of Others
73
Differing conditions ...................................4.2.3
Discrepancy in Documents,..;.,., 2.5, 3.3.2, 6.14.2
Underground Facilities not indicated ...........
4.3.2
Ein orgencies .... _ ................... ......................
0.23
Equipment and Machinery Rental, Cost
of the Work ...........................................11.4.5.3
Fee --Cost Plusk ......................... 11_4,5.6,11_51,
IL6
General Warranty and Guarantee .......................6.30
Hazard Communication Programs.....,,,,,,__.,
.,,_6.22
Indemnification ........................ 6. 12, 6.16,
6.31-6.33
Inspection of the Work, ..............................
7.3,13.4
Labor, Materials and Equipment .......... _
.... �0.3-6.5
Laws and Regulations, Compliance by,.,.........
6.14.1
Liability Insurance............_........_._ ................
5.4
Notice of Intent to Appeal... .............. .......
9.10, 10.4
obligation to perform and complete
theWork....................................................6.30
Patent Fees and Royalties, paid for by ................
612
Performance and Other Bonds ............................
5A
Permits, obtained and paid for by ........................
0.13
Progress Schedule...........................2.6, 2.8,
2.9, 6.6,
. I ...................................... 6.29,10.4,
15.2.1
Request for formal decisionon disputes ...............
9.11
Responsibilities—
Changes in the Work ......... ........................
10.1
Concerning Subcontractors, Suppliers
and Others
6.8-6.11
Continuing the Work ..........................
0.29,10.4
CONTRACTORS expense ...........................0.7.1
CONTRACTORs General Warranty
and Guarantee.......................................6.30
CONTRACTOR'S review prior to Shop
Drawing or Sample submittal _
, .....
........6.25
.
Coordination of Work.,.... ................
.......6.9.2
Emergencies............ I ................... I ... ....
...... 6.23
ENGINEEWs evaluation, Substitutes
or "Or -Equal" Items... ........ ..................
6.7.3
For Acts and Omissions
of Others ............................. 6.9.1-6.9,2,
9.13
for deductible am ounts,insurance ...................
5.9
general...,,,,,,. ....0, 7.2,
7.3, 8.9
Hazardous Communication Programs,._...,,,
6.22
Indemnification
6.31-6.33
N11 SJCDC GENERAL CONDITIONS 1910-9 (1990EDITIM
W/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Labor, Materials and Equipment,,,., .....0.3-6.5 CONTRACTORS --other,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„_-..,,,,,_, 7
Laws and Regulations ......_. .............6.14 Contractual Liability Insurance, ......... ..5.4.10
Liability Insurance ............... I ..... I ..... I ....... I ... . 5.4 Contractual Time Limits......................................... j2.2
Article or Paragraph
Number
Notice of variation from Contract
Documents., ........... .............................
6.27
Patent Fees and Royalties,,,,,,,,, ,___,6.12
Permits
6.13
Progress Schedule.........................................6.6
Record Documents ........................... _...:.....
6.19
related Work performed prior to
ENGINEERS approval of required
subm ittals.............................................
6.28
safe structural loading ...... .....:...............
...... 6.19
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 Methods
and Procedures
6.7.2
Substitutes and "Or -Equal" Items,,,,,,,,,,,,,,,6.7.1
Superintendence ... .. ........ ..............................
6.2
Supervision ..................................................
6.1
Survival of Obligations.. ........... I ..................
_ 634
Taxes..........................................................6
15
Tests and Inspections ... ............ . ...........
,.... 13.5
ToReport .....................................................
2.5
Use of Premises ........ .............6.16-6.18,
6.30.2.4
Review Prior to Shop Drawing or
Sample Submittal ..............
..... 6.25
Right to adjustment for changes in the Work.....10.2
right to claim,......,..., 4, 7.1, 9.4, 9.5, 9.11,
10.2,11.2,
..11.9,12.1,13.9,14.8,15.1,15.5,17.3
Safety and Protection,,,,,,,,,,,,,,,,, 6.20-6.22,
7.2, 13.2
Safety Represertative.......................................
6.21
Shop Drawings and Samples Submittals,,,,
6.24-6.28
Special Consultants.:.. ...................................11.4.4
Substitute Construction Methods and Procedures 6.7
Substitutes and "Or -Equal" Items,
Expense .......................................... 6.7.1,
6.7.2
Subcontractors, Suppliers and Others..........
6.8-6.11
Supervision and Superintendence .......... 6.1,
6.2, 6.21
Taxes, Payment b3...........................................6.15
Use of Premises ........................................
6.16-6.18
Warranties and guarantees .........................
6.5, 6.30
Warranty of Title........................................I.....14.3
Written Notice Required --
CONTRACTOR stop Work or term inate,
...... ,15.5
Reports of Differing Subsurface
and Physical Conditions ......................
4.2.3
Substantial Completion......_._.,,,_................14.8
viii
Article or Paragraph
Number
Coordination—
CONTRACTORs responsibility ......................
_ . 6.9.2
Copies of Documents....................._
......._._......._.2
...2
Correction Period ............... ..............:.................
...13.12
Correction, Removal or Acceptance
of Defective Work—
ingeneral ...................................10.4.1,
13.10-13.14
Acceptance ofDefective Work ..........................13.13
Correction or Removal of
Defective Work.................................6.30,
13.11
Correction Period..................„.,,,..,.„_...,,,,,,.,.,13.12
OWNER May Correct Defective Work ..............
13.14
OWNER May Stop Work ........................
......... 13.10
Cost --
of Tests and Inspections....................................13.4
Records] 1.7
Cost of the Work --
Bonds and insurance, additional ...................11.4.5.9
Cash Discounts .............
11.4.2
CONTRACTORS Fee............__„.._..............„..11.6
Employee Expenses .................... .._.......
_...,:11.4.5.1
Exclusions to.....................................................11.5
General 11.4-11.5
Home office and overhead expenses .......
............ 11.5
Losses and damages ............................
......... 11.4:5.6
Materials and equipment„ .. ................. ......
. .....11.4.2
Minor expenses. .......................... .............
11.4.5.8
Payroll costs on changes . ......... ...... ... . .............11.4.1
performed by Subcontractors...........................11.4.3
Records 11.7
Rentals of construction equipment
and machinery ............:.......
... _.11.4.5.3
Royalty payments, permits and
licensefees............................................11.4.5.5
Site office and temporary facilities................11.4.5.2
Special Consultants, CONTRACTORSs,,,,.........
11.4.4
Supplemental.................................................11.4.5
Taxes related to the Work............................11.4.5.4
Tests and Inspection ..................... .... ................
] 3.4
Trade Discounts
11.4.2
Utilities, fuel and sanitary facilities ..............11.4.5.7
Work after regular hours.................................11.4.1
Covering Work ...................... .........................11.6-13.7
Cumulative Remedies.....................................17.4-17.5
Cutting, fitting and patching.......... _..................
_. _. 7.2
Data, to be furnished by OWNER„. _. „„ _ ........
.......... 8.3
Day --definition of ..........................................
_...,17.2.2
Decisions on Disputes„_.__.. ........ ,..... _,_.......
_ 9.11, 9.12
defective --definition of...........................................1.14
defective Work--
Acceptanceof.......................................10,4.1,
13.13
EJCDC (ENEAAI. CONDITIONS
1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV W99)
Correction or Removal of 10.4.1. 13.11
Correction Period 3.12
in general.........................................13, 14.7, 14.11
Article or Paragraph
Number
Observation by ENGINEER ................... I ............
9.2
OWNER May Stop Work.. . ......... ...........
__ ..... 13.10
Prompt Notice of Defects ...................................
13.1
Rejecting..........._.....................................
..... 9.6
Uncovering the Work ............................
Definitions
Delays ......................................4.1, 6.29, 12.3-12.4
Delivery of Bonds. ...... _ ..... .....
....... 2.1
Delivery of certificates of insurance .......................
.3
.. .. 2
Determinations for Unit Price* ......... I_-
.......9.10
Differing Subsurface or Physical Conditions -
Notice of,,,,,,,,,,,,,,,,,,,,,,,,,,
...4.2.3
ENGINEERS Review ................ ................
.... 4.2.4
Possible Contract Documents Change ............
_4.15
Possible Price and Times Adjustments ..............
4.2,6
Discrepancies -Reporting
and Resolving ................................2.5, 3.12,
6.14,2
Dispute Resolution --
Agreement ............ ......... ............. .......
_16.1-16.6
Arbitration ...............................................
16.1-16.5
genera116
Mediation.............. ...... ..................................
16.6
Dispute Resolution Agreement .........................
16.1-16.6
Disputes, Decisions by ENGINEER ...................
9.11-9.12
Documents—
Copiesof ...... ....................................................
2.2
Recard.6.19
Reuseof .................... ..................... ..................
3.7
Drawings --definition of ...........................................1.15
Easements
4.1
Effective date of Agreement -- definition of ...
......... I.m
Em ergencies ...........................................................
623
ENGINEER --
as initial interpreter on dispute$ ................
9.11-9.12
definition of ......................................................
1.17
Limitations on authority and responsibilitie§ ..... 9.13
Replacementof ..................................................
8.2
Resident Project Representative ............................
9.3
ENGINEERs Consultant -- definition of
1.18
ENGINEERS—
authority and responsibility, limitations on .... ... 9. 13
Authorized Variations in the Work ........ _1
.......... 9.5
Change Orders, responsibility for ....... 9.7,10,11, 12
Clarifications and Interpretations .............
3.6.3, 9.4
Decisions on Disputes ..............................
9.11-9.12
defective Work, notice of ....
...... 13.1
Evaluation of Substitute Items ............
...... 6.3.3
Liability. ........................ . .... ..... ....
0.32,9.12
Notice Work is Acceptable ......... ; ....................
14.13
Observations ........ ...............................
0.30.2, 9.2
OWNER!s Representative
9.1
Payments to the CONTRACTOR,
Responsibility for .................
......... . ....... 9.9,14
Recommendation of Payment ....................
14.4,14.13
Article or Paragraph
Number
Responsibilities --Limitations on,,,...,.,,,
_.... 9 11-913
Review of Reports on Differing Subsurface
and Physical Conditions .............................
4.2.4
Shop Drawings and Samples, review
responsibility .,. ............... I ......... I——
...........6.26
Status During Construction --
authorized variations in the Work .......
... 9.5
Clarifications
s and InterpretationA ...................
9.4
Decisions an Disputes..,,:,. ...........
9.11-9.12
Determinations on Unit Price ......................910
ENGINEER as Initial Interpreter,,,,,,...,
9.11-9.12
ENGINEEWs Responsibilities ................
9.1-9.12
Limitations on ENGINEERS Authority
and Responsibilities,..,,,, ......................
9.13
OWNER's Representative ...............................
9-1
Project Representative ...................................9.3
Rejecting Defective Work........._...................
9.6
Shop Drawings, Change Orders
and Payments .........................
.......... 9.7-9.9
Visits to Site ............. .....................
_ ........... 9.2
Unit Price determinations .................................9.10
Visits to Site . ...... ... .. ............... I
.... 1 .......9.2
i
Written consent required ..............................
7.2, 9.1
Equipment, Labor, Materials an4 ...............
........ 0.3-6.5
Equipment rental, Cost of the Work ............
.... -.11.4.5.3
Equivalent Materials and Equipment ..........
.............. 6.7
error or omissions
Evidence of Financial Arrangements .......................5.11
Explorations of physical conditions.......... I
............
Fee, CONTRACTORs-Costs Plus...........................11.6
Field Order --
definition of ............................... .........
........... J. 19
issued by ENGINEER ................................
3.6.1, 9.5
Final Application for Payment ......... ................
14.12
Final Inspection...................................................14.11
Final Payment --
and Acceptance ................ ....................
14.13-14.14
Prior to, for cash allovances
11.8
General Provisions
17.3-17.4
General Requirements --
definition of
1.20
principal references to ..............2.6, 6.4,
6.6-6.7, 6.24
Giving Notice .................... ........ ..............
............. 17.1
Guarantee of Work --by CONTRACTOR........
6.30, 14.12
Hazard Communication Programs ..........................
6.22
Hazardous Waste --
definition of
1.21
general....................... ...............
........ 4.5
OWNERS responsibility for.... . ......... I ........
... ....8.10
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
*1 CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
1CC Roofing
IutO9ne9AT£n
918 fast mulbw. V Street fort cabins, co N"r-
0 WQW-oenoy:cc.cein
:;i W0,4001m4 .com
0; 97G 01l.GGi
_ : 070.ICY.7BLA
Proposal
MQPgSA t, ���MMrQ!
City of Fart Collins
PbWD Division
Ann; W. Ron xeclmter
Facilities Project Manager
Fort Collins, CO
Phone; (970) 221.6805
Pij QKa NAME & AD�U,11,�„&;
Old Sandl&* Renovation to VPG Building
Yume St. (City supplying all, terrain rnan lift)
September 25, 2006
Did #0&346
RE_ Re-roor
Ft. Collins, CO
1. Remove existing roofing around scuppers.
2. Install 7/16" DSB on sides and top of parapet walls over existing modified
rooting, fastened with masonry anchors.
3. Holes in concrete will be converted into skylights installed by other,
4. Install 3" ISO fully adhered to concrete deck.
S. Install ISO Crickets with A" per foot slope fully adhered.
6, Install RPI ,0b0 mil Fully Adhered Black EPDM membrane roof system with
complete details installed per RPI's specifications.
7, install Pre -finished 24 garage metal coping along outside perimeter on top of
parapet wall.
S. Install Pro -finished Conductor Heads &fuse Existing Downspouts,
9. Total investment for this work is S"0.00, Please call our office and check on
contract prig if accepmuce date goes beyond 15 days.
10. Upon completion of the work and payment in full, a Manufactarer's15-year
Labor and Materia! with a 30-year Membrane and 100 MPH Wind
Warranty will be issued.
11. Paymem Terms: Net 30 or per City Contract.
We hereby pWm to fumsh labor and matmal s-mmplete in sccotdz= with fltc above w-Xirtwtions. Bills s
to be paid upon completion unless other mrangcments have bean made Unpaid belanccs shall incur mtem st at flu
tote of 1.5%per majith and any account filmed over fur collec don shall be mmsed all costs of collection,
incl►t& tg att=WX fees.
�nvdWV:zed 8i e /� Late_
' $once p ovetndahl
ACCEFrAN4'E OF FROPOSAb — IU above pno% Voodwavos, a cnudition-a am bow y awgdcd, You are
auft&ed to do flue work as spocifnat ftytueat will be mode as outlined above,
Aacs,�ptc-d: Ywx�_2ta �,,,,,,,,�„3ignuturc l?nfC
Print No=
7/96 Section 00300 Page 1
Indemnification 0..12, 6.16, 6.31-6.33
Initially Acceptable Schedules ............. ...................
2.9
Inspection --
Certificates of ..............................9.13.4, 13.5,
14.12
Final... _ .....................................................
1.4.11
Article or Paragraph
Num her
Special, required byENGINEER .........................
9.6
Tests and Approval_,,,. .... ,.8 7, 13.3-13.4
Insurance --
Acceptance of, by OWNER............_ ..
......... 5.14
Additional, required by changes
. in the Work ............. ..... I I .................
I .... 11.4.5,9
Before starting the Work ......... ...................
...... 2.7
Bonds and --in general.... ......
5
Cancellation Provisions ......................................
5.8
Certificates of 7.7, 5, 53, 5.4.11,
5.4.13,
.. . .......... ........ 5.65, 5.9, 5.14, 9.13.4,
14.12
completed operations ........... ..................
...... 5.4.13
CONTRACTORS Liability ..................................5.4
CONTRACTORs objection to coverage,,,,,,,,,,,,,
5.14
Contractual Liability ..............................
....... 5.4.10
deductible amounts, CONTRACTORs
responsibility ..... .........................................
. 5.9
Final Applicalion for Payment,,,,,,,,,,,,,,,,,,,,,,_
14.12
Licensed Insurers ........................... _ .................
5.3
Notice requirements, material changes ........
5.8,10.5
Option to Replace. ............ ...............................
514
other special insurances ...................................
5. 10
OWNER as fiduciary for insureds ...............
5.12-5.13
OWNER's Liability ................. ..........................
5.5
0W1,MWs Responsibility ....................................8.5
Partial Utilization, Property Insurance ...............
5.15
Property...................... ....... ....... I ..............
5.6-5.10
Receipt and Application of Insurance
Proceeds
5.12-5.13
Special Insurance ................. ............ .............
5.10
Waiver of Rights ...
' 5.11
Intent of Contract Documents ..............................
3. 1-3.4
Interpretations and Clarifications ....... .............
3.6.3,9.4
Investigations of physical conditions .............
......... _:4.2
Labor, Materials and Equipment ..........................
Lands --
and Easern ents
9.4
Availability of ..........................................
.. 4.1,8.4
Reports and Tests, ...... 11.1 ... I ....................
.....8.4
Laws and Regulations --Laws or Regulations--
Bonds
5.1-5.2
Changes in the Work,,,,,,,,,,,,,,,,,,,,,,,,,,
„10A
Contract Documents
3.1
CQNTRACTORs Responsibilities ......
Correction Period, defective Work ....................
13.12
Cost of the Work, taxes.,,, ..........................
' 11.4.5.4
definition of .....................................................1.22
genera)6.14
Indemnification ...... ................. ..........
6.31-6.33
Insurance 5.3
Precedence ................................... ............ 3.1. 33.3
Reference to .................................................... 3J1
Safety and Protection ................................6.20, 13.2
Subcontractors, Suppliers and Others .......... _6.8-6.11
Article or Paragraph
Number
Tests and Inspections...._ ..... .....
....13.5
Use of Premises,,. ..............................................
6.16
Visits to Site
9.2
Liability Insurance--
CONTRACTORs...............................................
. 5.4
OWNERs .............................. .............. .............
5.5
Licensed Sureties and Insurer* .................................
5.3
Liens --
Application for Progress Payment ......................14.2
CONTRACTORS Warranty of Title ....................14.3
Final Application for Payment ........
...1.4.12
definition of .....................1.23
f C Waiver o: Claims
4.15
Limitations on ENGINEERS authority and
responsibilities .... .......................... ..................
9.13
Limited Reliance by CONTRACTOR
Authorized......................................................
4.2.2
Maintenance and Operating Manuals --
Final Application for Payment........._..............14.12
Manuals (of others) --
Precedence
3.3.3.1
Reference to in Contract Documents
3.3.1
Materials and equipment --
furnished by CONTRACTOR, ....... ............ ........
63
not incorporated in Work ...................................14.2
Materials or equipment --equivalent .... ......... .....
_ ..... 6.7
Mediation (Optional)„ , „ „
16.7
Milestones --definition of
.......... .............. I ............
1.24
Miscellaneous --
Computation of Times .......................................17.2
Cumulative Remedies .,_____...... --- ......
17.4
Giving Notice ....................................................17.1
Notice of Claim * . .... . ..... ... . .. ... .............
_3 17
Professional Fees and Court Costs Included ........
17.5
Multi -prime contracts.,, .............................................
7
Not Shown or Indicated
.........................................
3.2
Notice of --
Acceptability of Project., ............. I .............I.......14.13
Award, definition of.........................................1.25
Claim............................................................
1.7.3
Defects,13.1
Differing Subsurface or Physical Conditions .......
4.2.3
Giving.. ........... ... - ... ................ ....... ...........
1.7.1
Tests and Inspection*_ ..................................... 13.3
Variation Shop Drawing and Sample ..... ......... _6.27
Notice to Proceed --
definition of 1.26
givingof..__......_..._..._..... ......... 2.3
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
v/ CITY OF FORT COLLINS MODIFICATIONS fRRV 9/99)
Notification to Surety..............................................10.5
Observations, by ENGINEER...........................5.30,
9.2
Occupancy of the Work ..................
5.15, 6.30.2.4, 14.10
Omissions or acts by CONTRACTOP................6.9, 9.13
Open Peril policy form, Insurance ..........................5.6.2
Option to Replace ...................................................
5.14
Article or Paragraph
Number
"Or Equal" Items......................................................6.7
Other work 7
Overtime Work --prohibition of „...................
...........6.3
OWNER --
Acceptance of defective Work ..........................
A3.13
appoint an ENGINEER ......................................
8.2
as fiduciary ........... ....... ..............................
5.12-5.13
Availability of Land, responsibility ....................
4.1
definition of.....................................................1.27
data, furnish........................................................
.3
May Correct Defective Work...........................13.14
May refuse to make payment.............................14.7
May Stop the Work............................._.........,13.10
May Suspend Work,
Terminate..........................8.8,
13.10, 15.1-15.4
Payment, make prompt....................?.3,
14.4, 14.I3
performance of other work .....................
_........... 7A
permits and licenses, requirements.,
........... ..... 613
purchased insurance requirements .....
.......... 5.6-5.10
OWNER's--
Acceptance of the Work..............................6.30.2.5
Change Orders, obligation to execute,,,.,,,,,,
8.6, 10A
Communications
8.1
Coordination of the Work
. 7.4
Disputes, request for decision...,._ ............
...9.11
Inspections, tests and approvals ........ I .........
$.7, 13.4
Liability Insurance,,,,,,,,,,,,, ............................„„
5.5
Notice of Defects..............................................13.1
Representative --During Construction,
ENGINEERS Status ......................................
9.1
Responsibilities --
Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material................8.10
Change Orders... ............. ............ ................
8.6
Changes in the Work, .................... ...........
10.1
communications............................................8.1
CONTRACTOR's responsibilities ..................
8.9
evidence of financial arrangements...............8A
I
inspections, tests and approvals,,,,,,,,,,,,,,,,,,,
9.7
insurance......................................................
8.5
lands and easements.....................................8.4
prompt payment by........................................8.3
replacement of ENGINEER ...........................$.2
reports and tests............................................8.4
stop or suspend Work .................. $.8, 13.10, 15.1
terminate CONTRACTOR'S
services..........................................8.8,
15.2
separate representative at site, ........ ...............
9.3
testing, independent........................................13.4
use or occupancy
of the Work ............. .............$.15, 6.30.2.4, 14.10
written consent or approval
required,.. . . ..... .............................. 9. 1 , 6.3, 11.4
EICDC. GENERAL CONDITIONS 1910 -8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
Number
written notice required....... _...............7.1,
9.4, 9.11,
....................................11.2, 11.9, 14.7, 15.4
PCBs --
definition of......................................................1.29
general,., .......
.................... 4.5
OWNER's resp..............................8.10
Partial Utilization --
definition of.............................:........................1.28
general6.30.2.4, 14.10
Property Insurance, _......... _.......I ....................
5.15
Patent Fees and Royalties........................................6.12
PaymentBonds .................................................. ...................................
Payments, Recommendation of ..............
14.13
Payments to CONTRACTOR and Completion --
Application for ProgressPayments . .....................
) 4,2
CONTRACTOR's Warranty of Title ,,,,,,.„
.......... 143
Final Application for Payment.......
..........14.12
Final Inspection..............................................1411
Final Payment and Acceptance,,,,,,,,,,,,,,,
14.13-14.14
general.........................................................
$.3, 14
Partial Utilization
14.10
Retainage_... _., ,,..:. ...........................................
.14.2
Review of Applications for
Progress Payments ........ :.......................
14.4-14.7
promptpayment ........ ........................
....... .......... $.3
Schedule of Values, ............ 1 ........ I ...........
,...... ,14.1
Substantial Completion.............................14.8-14.9
Waiver of Claims14.15
when payments due ................................
14.4, 14.13
withholding payment.,.,,,,_,....- .........................
14.7
Performance Bonds .................. ..........................
5.1-5.2
Perm its
...... 13
Petroleum --
definition of......................................................1.30
general..............................................................4.5
OWNER's responsibility for...............................8.10
Physical Conditions --
Drawings of, in cc relating to ........................
4.2.1.2
ENGINEER's review, .......................................
4.2.4
existing structures............................................4.2.2
general4.2.1.2..................................................
Notice of Differing Subsurface or.......................4.2.3
Possible Contract Documents Change,,,,,,,,,,,,,,,
4.2.5
Possible Price and Times Adjustments,,,,,,,,,,,,,,
4.2.6
Reports and Drawings....................................„4.2.1
Subsurface and....................................................4.2
Subsurface Conditions
Technical Data, Limited Reliance by
CONTRACTOR Authorized.. .....................
4.2.2
Underground Facilities--
general........................................................
4.3
Not Shown or Indicaed ....................
4.3.2
............
Protection of. . ..... .................................
4.3,620
vi
Article or Paragraph
Number
Shown or Indicated :...............................................
4.3.1
Technical Data ...............................................
4.2.2
Preconstruction Conference,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,2.8
Preliminary Matters, ......... ...... _...... ...................... ...........
Preliminary Schedules ......... ....... ...............................
2.6
Premises, Use of ...................._............. ..... .....
6.16-6.18
Price, Change of Contract,,,,,,,,,,,,,,,,,_,,......._............II
Price, Contract --definition of ...................................
1.11
Progress Payment, Applicationsfor ..........................14.2
Progress Payment--retainage...................... .. _,
,,...... 14.2
Progress schedule, CONTRACTOR's ........... 2.6, 2.8, 2.9,
6.6, 6.29, 10.4, 15.2.1
Project--defmition of1.31
Project Representative--
ENGINEER's Status During Construction............9.3
Project Representative, Resident --definition of .........1.33
prompt payment by OWNER ....................... .........
..... 8.3
Property Insurance --
Additional .........................................................5.7
general5.6-5.10
Partial Utilization...............................5.15,
14.102
receipt and application of proceeds ............
5.12-5.13
Protection, Safety and.. ...........................6.20-6.21, 13.2
Punch list..........................................................14.11
Radioactive Material--
defintion of .................................................
.... 1.32
general4.5
OWNER's responsibility for..............................$.10
Recommendation of Payment................14.4, 14.5,
14.13
Record Documents.... .................................... 6.19, 14.12
Records, procedures for maintaining ..........................?.8
Reference Points.......................................................4.4
Reference to Standards and Specifications
of Technical Societies;3.3
Regulations, Laws and(or)......................................
6.14
Rejecting Defective Work..........................................9.6
Related Work --
atSite .............. ..........................................
7.1-7.3
Performed prior to Shop Drawings
and Samples submittals review ...... ..............
6:28
Remedies, cumulative,,17.4,
17.5
Removal or Correction ofDefective Work................13.11
rental agreements, OWNER approval required,...11.4.5.3
replacement of ENGINEER, by OWNER . ...................
8.2
Reporting and Resolving
Discrepancies................................2.5, 3.3.2,
6.14.2
Reports --
andDrawings .................................................
4.2.1
and Tests, OWNER'S responsibility .....................
8.4
Resident and Project Representative—
definition of ....................................................
1.33
provisionfor............................................................ 9.3
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
Number
Resident Superintendent, CONTRACTOR'* ............... 6.2
Responsibilities--
CONTRACTOR's-in general .................................. 6
) NGINEER's-in general ........................ I .............
,.9
Limitations on.............................................9.13
OWNERs-in general........ I .....,. ...
8
Retainage............................................................142
Reuse of Docum ents............................. _..........
_ 3.7
Review by CONTRACTOR: Shop Drawings
and Samples Prior to Submittal ....
..... 6:25
Review of Applications for
Progress Paym ents...................... _ ............14.4-14.7
Right to an adjustment...........................................10.2
Rights of Way ............. .............................................
4.1
.
Royalties, Patent Fees and......................................6.12
Safe Structural Loading... ...................................
... 6.18
Safety --
and Protection ........ ...... ..................4.3.2,
6.16, 6.19,
.......... ... ........... .............. --
general ....................................................
- • ..-• --
6.20-6.23
Representative, CONTRACTORs......................6.21
Samples—
definition of, .......................
1.34
general....................................................
6.246.28
Review by CONTRACTOR ....................
. ...... ... 6.25
Review by ENGINEER..............................6.26,
627
related Work ..........................
.......6.28
submittal of. ............................... ..........
..... _6.24.2
submittal procedures.........................................6.25
Schedule of progress .............................
2.6,18-2,9, &6,
.................I..................6.29,
10.4, 15.2.1
Schedule of Shop Drawing and Sample
Submittals.... ........................... 2.6, 2.8-2.9, 6.24-6.28
Schedule of Values...................... ._2.6,
2.8-2.9, 14.1
Schedules --
Adherence to........................_...._..._..._......,,15.2.1
Adjusting.. _.........._...........................................0..6
Change of Contract Tim es ...............
... _............10.4
Initially Acceptable ............. _.......................
2.8, 2.9
Preliminary........ . ............ _.................................
2.6
Scope of Changes ................ .......................
10.3-10.4
Subsurface Conditions
4.2.1.1
Shop Drawings --
and Samples, general_ ..............................
6.24-6.28
Change Orders & Applications for
Payments, and ............ .......................
I ..... 9.7-9.9
definition of....................................................1.35
ENGINEERS approval of.................................3.6.2
ENGINEERS responsibility
for review ................. .................
...9.7, 6.24-6.28
related Work.....................................................6.28
review procedures................................2.8,
6.24-6.28
Article or Paragraph
Number
submittal required ...............................................
6.24.1
Submittal Procedures .........................................
6.25
use to approve substitutions..............................0.7.3
Shown or Indicated ...............................................
4.3.1
Site Access ............................................... .._...
7.2, 13.2
Site Cleanliness ..................
_ 6.17
Site, Visits to --
by ENGINEER ..........................................
9.2, 13.2
byothers..........................................................13.2
"special causes of loss" policy form,
insurance ......... ........................... ........
.....�.6.2
definition of ............ ...... ......... ........1,36
Specifications—
defmation of .... ........................................
......-1.36
of Technical Societies, reference tp ..................3.3.1
precedence......... I ...........................................
3.3.3
Standards and Specifications
of Technical Societies,... ... ...............
..........3-3
Starting Construction, Before..............................2.5-2.8
Starting the Work ......................... .................
2.4
Stop or Suspend Work --
by CONTRACTOR...........................................15.5
by OWNER.....................................8.8, 13.10,
15.1
Storage of materials and equipment ........_..........4.1,
7.2
Structural Loading, Safety........................................6.19
Subcontractor—
Concerning................................................
0. 8-6.11
definitionof ....................................................
.1.37
delays .................... ..........12.3
................................
waiver of rights................................................6.11
Subcontractors --in general.. . ..............................
6.8-6 t I
Subcontracts --required provisions,,,,,,,,, 5.11, 6.11,
11.4.3
Submittals—
Applications for Payment..................................14.2
Maintenance and Operation Manuals..............14.12
Procedures.......................................................0.
25
Progress Schedules......_..............................2.6,
2.9
Samples...................................................
6.24-6.28
Schedule of Values.....................................2.6,
14.1
Schedule of Shop Drawings and Samples
Submissions. ............................. ....... 16,
2.8-2.9
Shop Drawings ........................................
6.24-6.28
Substantial Completion --
certification of............................6.30.2.3,
14.8-14.9
definition of.....................................................1.38
Substitute Construction Methods or Procedures ........
6.7.2
Substitutes and "Or Equal" Items.. ............... ............
6.7
CONTRACTOR'*Expense,,........... _..............
L3
ENGINEERS Evaluation...............................„6.7.3
"Or -Equal" ...................................................
6.7.1.1
Substitute Construction Methods
EICDC. GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
Number
or Procedures.............................................6.7.2
Substitute Items ............................................
6.7.1.2
Subsurface and Physical Conditions--
Drawings of, in or relathg to,,,,,,,,,,,,,,,,,,,,,,,,
4.2.1.2
ENGINEER's Review ......................................
4.2.4
general........... ..... .......... ............
,.......4.2
Limited Reliance by CONTRACTOR
Authorized .................................................
4.2. 2
Notice of Differing Subsurface or
Physical Conditions ........ .................
..... 4.2.3
Physical Conditions ......................................
4.2.1.2
Possible Contract Documents Change ..............
4.2.5
Possible Price andTimes Adjustments...............4.2.6
Reports and Drawings.....................................4.2.1
Subsurface and ...................................................
4.2
Subsurface Conditions at the Site...................4.2.1.1
Technical Data, ............................................
:.A.2.2
Supervision--
CONTRACTOR's responsibility :..... . ....................
6.1
OWNER shall not supervise ...........................
8.9
ENGINEER shall not supervise ................
9.2, 9.13.2
Superintendence ............................... ........................
0.2
Superintendent, CONTRACTOR's resident.......
_......6.2
Supplemental costs ..............................................
11.4.5
Supplementary Conditions--
defmition of ...............................................
. ....1.39
principal references to.......... _1 ......10, L18, 2.2, 2.7,
....................... 4.2, 4.3, 51, 5.3, 5.4, 5.6-5.9,
........5.11,6.8,6.13,7.4, 9.11, 9.3, 9. 10
Supplementing Contract Documents.... ......................
3.6
Supplier--
definitionof..............
1.40
principal references to. ......... 33, 6:5, 6.8-6.11, 6.20,
................... ..................... b.24, 9.13, 14.12
Waiver of Rights...............................................6.11
Surety--
consent tofinal payment ........................14.12,
14.14
ENGINEER has no duty to ...............................
9.13
Notification of ............................... 10.1,
10.5, 15.2
qualification of .........
5.1-5.3
Survival of Obligations,,., , _,.,. ..... I .............................
6.34
Suspend Work, OWNER May .......................
j3.10, 15.1
Suspension of Work and Termination-- ......................15
CONTRACTOR May Stop Work
or Terminate ............... ..................
„....,..,.15.5
OWNER May Suspend Work.............................15.1
OWNER May Terminate.. ................. I ........
15.2-15.4
Taxes--Paymerit by CONTRACTOR, .......................
6.15
Technical Data --
Limited Reliance by CONTRACTOR................4.2.2
Possible Price and Times Adjustments.. .............
4.2.6
Reports of Differing Subsurface and
Physical Conditions ,,,,,,,,,,,,,,,,,,,,................
4.2.3
xiv
Temporary construction facilities .... I ........ _.... I ........ _, 4.1
Article or Paragraph
Number
Term ination--
by CONTRACTOR .......................................
_..15.5
by OWNER........................................8.8,
15.1-15.4
of ENGINEER's employment ..........................
.....F.2
Suspension of Work-in general ..........................._15
Terms and Adjectives .... ..... .......................3A
Tests and Inspections --
Access to the Work, by others ...........................13.2
CONTRACTOR'S responsibilities
...... ...... .. . ..13.5
cost of 13.4
covering Work priorto....... .......................
13.6-13.7
Laws and Regulations(or) ................................
13.5
Notice of Defects. . ........ ....................................
13.1
OWNER May Stop Work.................................13.10
OWNER's independent testing ..........................13.4
special, required by ENGINEER ...................
......9.6
timely notice required,..._.................................13.4
Uncovering the Work, at ENGINEER`s
request... _ ...........................................
13.8-13.9
Times --
Adjusting..................... ...................................
......6.6
Change of Contract .......................
.......... ........... 12
Computation of .......... ...... .......
............ ......._17.2
Contract Times --definition of;1.12
day...................................
................... 17.2.2
Milestones ...........................................................
12
Requirements --
appeals.................................................
9.10, 16
clarifications,
claims and disputes................9.11,
11.2, 12
Commencement of Contract Times, .......2.3
Preconstruction Conference .............................
2.8
schedules.........................................2.6,
2.9, 6.6
Starting the Work.........................................2.4
Title, Warranty of...................................................14.3
Uncovering Work .................... ........................
13.8-13.9
Underground Facilities, Physical Conditions—
defmition of....................................................1.41
Not Shown cr Indicated
4.3.2
protection of,.... ,, .. _..... .............4.3,
6.20
Shown or Indicated4.3.1
Unit Price Work--
claims.........................................................1,1.9.3
definition of ...........................................
1.42
general11.9, 14.1, 14.5
Unit Prices--
general11.3.1
Determination for... .... ...........
................... 9.10
Use of Premises................................6.16,
6.18, 6.30.2.4
Utility owners ......................... 6.13, 6.20, 7.1-7.3, 13.2
Utilization, Partial...................1.28, 5.15, 6,30.2.4, 14.10
Value of the Work
._ 11.3
Values, Schedule of, ... ............. _..........
2.6, 2.8-2.9, 14.1
EJCDC GENERAL CONDITIONS
1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS
MODIFICATIONS (REV 9/99)
Variations in Work --Minor
Authorized ........................................ 6.25, 6.27, 9.5
Article or Paragraph
Number
Visits to Site --by ENGINEER9.2
Waiver of Claims —on Final Payment ......................14.15
Waiver of Rights by insured psrties..................
5.11, 6.11
Warranty and Guarantee, General --by
CONTRACTOR,,,,.,, ........... ..........................
... 6.30
Warranty of Title, CONTRACTORS ........................14.3
Work --
Accessto..........................................................13.2
byothers,..... ........................................................
. 7
Changesinthe....................................................1.0
Continuingthe..................................................6.29
CONTRACTOR May Stop Work
or Terminate ................................................
15.5
of
Coordination .
...................................................
7.4
Cost of the.................................................11.4-11.5
definition of......................................................1.43
neglected by CONTRACTOR., ...........
I .............. 1.3.14
otherWork... .........................................
..............7
OWNER May Stop Work .......... .......................
13.10
OWNER May Suspend Work...................13.10,
15.1
Related, Work at Site..., ..... . I ......... ........
I--...7.1-7.3
Startingthe........................................................2.4
Stopping by CONTRACTOR.............................15.5
Stopping by OWNER ............................
..... 15.1-15.4
Variation and deviation authorized,
minor ........... 3.6
Work Change Directive --
claims pursuant to ................................
.............. JU
definition of
........................................................
1.44
principal references to ..... . . . .. ........ ....3.5.3,
10.1-10.2
Written Amendment --
definition of.....................................................1.45
principal references to..............1.10, 3.5, 5.10,15,12,
......................6.6.2, 6.8.2,
6.19, 10.1, 10.4,
.............................11.2, 12.1,
13.12.2, 14.7.2
Written Clarifications and
Interpretations,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,"3.6.3,
9.4, 9.11
Written Notice Required--
byCONTRACTOR, ...... .. .................
7.1.9,10-9.11,
............. I......
10.4, 11.2, 12.1
by OWNER9.10-9.11,
10.4, 11.2, 13.14
Xv EJCDC. GENERAL CONDITIONS 1910-8 (1990 EDITION)
Wl CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
(This page left blank intentionally)
xm EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
GENERAL CONDITIONS
ARTICLE 1—DEF MIONS
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the
meanings indicated which are applicable to both the
singular and plural thereof:
1.1. Adolenda--Written or graphic instruments issued
prior to the opening of Bids which clarify, correct or
change the Bidding Requirements or the Contract
Documents.
1.2. Agreement —The written contract between OWNER
and CONTRACTOR covering the Work to be performed,
other Contract Documents are attached to the Agreement
and made a part thereof as provided thereat.
1.3. Application, for Payment —The form accepted by
ENGINEER which is to be used by CONTRACTOR in
requesting progress or final payments and which is to be
accompanied by such supporting documentation as is
required by the Contract Documents.
1.4. Asbestos --Any material that contains more than one
percent asbestos and is friable or is releasing asbestos fibers
into the air above current action levels established by the
United States Occupational Safety and Health
Administration.
1.5, Bid —The offer or proposal of the bidder submitted
on the prescribed form setting forth the prices for the Work
to be performed.
14 Bi&q g Documents —The advertisement or
invitation to Bid, instructions to bidders, the Bid form, and
the proposed Contract Documents (including all Addenda
issued prior to receipt of Bids).
1.7, Bidding Requirements --The advertisement or
invitation to Bid, instructions to bidders, and the Bid form.
1.8, Bonds —Performance and Payment bonds and other
instruments of security.
1.9. Change Order —A document recommended by
ENGINEER, which is signed by CONTRACTOR and
OWNER and authorizes an addition, deletion or revision in
the Work, or an adjustment in the Conrad Price or the
Contract Times, issued on or after the Effective Date of the
Agreement
1.10. Contract Documents —The Agreement, Addenda
(which pertain to the Contract Documents),
CONTRACTOR's Bid (including documentation
accompanying the Bid and any post Bid documentation
submitted prior to the Notice of Award) when attached as
an exhibit to the Agreement, the Notice to Proceed, the
Bonds, these General Conditions, the Supplementary
Conditions, the Specifications and the Drawings as the
EICDC GENERAL CONDITIONS 191043 (1990 E(fitim)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
same are more specifically identified in the Agreement,
together with all Written Amendments, Change Orders,
Work Change Directives, Field Orders and ENGINEERS
written interpretations and clarifications issued pursuant to
paragraphs 3.5, 3.6.1 and 3.6.3 on or after the Effective
Date of the Agreement. Shop Drawing submittals
approved pursuant to paragraphs 6.26 and 6.27 and the
reports and drawings referred to in paragraphs 4.2.1 and
4.2.2 are not Contract Documents.
1.11. Contract Price —The moneys payable by
OWNER to CONTRACTOR for completion of the Work
in accordance with the Contract Documents as stated in
the Agreement (subject to the provisions of
paragraph 11.9.1 in the case of Unit price Work).
1.12. Contract Times —The members of days or the
dates stated in the Agreement: (i) to achieve Substantial
Completion, and (it)to complete the Work so that it is
ready for final payment as evidenced by ENGINEER's
written recommendation of final payment in accordance
with paragraph 14.13.
1.13. CON7RACTOR—The person, firm or corporation
with whom OWNER has entered into the Agreem ent
1.14. defective -An adjective which when modifying
the word Work refers to Work that is unsatisfactory, faulty
or deficient in that it does not conform to the Contract
Documents, or does not meet the requirements of any
inspection, reference standard test or approval referred to
in the Contract Documents, or has been damaged prior to
ENGWEER's recommendation of final payment (unless
responsibility for the protection thereof has been assumed
by OWNER at Substantial Completion in accordance with
paragraph 14.8 or 14.10).
1.15. Drawings --The drawings which show the scope,
extent and character of the Work to be furnished and
performed by CONTRACTOR and which have been
prepared or approved by ENGINEER and are referred to
in the Contract Documents. Shop drawings are not
Drawings as so defined.
1.16. EF fechve hate of the Agreement —The date
indicated in the Agreement on which it becomes effective,
but if no such date is indicated it means the date on which
the Agreement is signed and delivered by the last of the
two parties to sign and deliver.
1.17. ENGINEER —The person, firm or corporation
named as such in the Agreement.
1.18. ENGINEER's Consultant --A person, firm or
corporation having a contract with ENGINEER to furnish
services as ENGINEER's independent professional
associate or consultant with respect to the Project and who
is identified as such in the Supplementary Conditions.
1.19. Field Order —A written order issued by
ENGINEER which orders minor changes in the Work in
accordance with paragraph 9.5 but which does not involve
a change in the Contract Price or the Contract Times.
1.20. General Requirements —Sections of Division 1 of
the Specifications.
1.21. Hazardous Waste —The term Hazardous Waste shall
have the meaning provided in Section 1004 of the Solid
Waste Disposal Act (42 USC Section 6903) as amended
from time to time.
1.22.a. Laws and Regulations; Laws or Regulations --Any
and all applicable laws, rules, regulations, ordinances,
codes and orders of any and all governmental bodies,
agencies, authorities and courts having jurisdiction
1.22.b. Legal Holidays --shall be those holidays observed
by the City of Fort Collins.
1.23. Liens --Liens, charges, security interests or
encumbrances upon real property or personal property.
1.24. Milestone —A principal event specified in the
Contract Documents relating to an intermediate completion
date or time prior to Substantial Completion of all the
Work.
1.25. Notice ofAward--A written notice by OWNER to
the a rent successful bidder stating that upon compliance
by the apparent successful bidder with the conditions
precedernt enumerated therein within the time specified,
OWNER will sign and deliver the Agreement.
1.26. Notice to Proceed -A written notice .given by
OWNER to CONTRACTOR (with a copy to ENGINEER)
fixing the date on which the Contract Times will
commence to tun and on which CONTRACTOR shall start
to perform CONTRACTOR'S obligations under the
Contract Documents.
1.27. OWNER -The public body or authority,
corporation, association, firm or person with 'whom
CONTRACTOR has entered .into the Agreement and for
whom the Work is to be provided.
1.2S. Partial Utilization Use by OWNER of a
substantially completed part of the Work for the purpose
for which it is intended (or a related purpose) prior to
Substantial Completion of all the Work.
1.29. PCBs -Polychlorinated biphenyls.
1.30. Petroleum --Petroleum, including crude oil or any
fraction thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and
14.7 pounds per square inch absolute), such as oil,
petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene
and oil mixed with other non -Hazardous Wastes and crude
oils.
1.31. Project —The total construction of which the Work
to be provided under the Contract Documents may be the
whole, or a part as indicated elsewhere in the Contract
Documents.
1.32.a. Radioactive Material —Source, special nuclear, or
byproduct material as defined by the Atomic Energy Act of
EICDC GENERAL CONDITIONS 1910-8 (IMEd dw)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
1954 (42 USC Section 2011 et seq) as amended from
time to time.
1.32.b. Regular Working Hours -Regular working hours
are defined as 7:00am to 6 OOpm unless otherwise
specified in the General Requirements
1.33. Resident Project Representative —The authorized
representative of ENGINEER who may be assigned to the
site or any part thereof.
1.34, Samples —Physical examples of materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged
1.35. Shop Drawings -All drawings, diagrams,
illustrations, schedules and other data or information
which are specifical prepared or assembled by or for
CONTRACTOR and submitted by CONTRACTOR to
illustrate some portion of the Work.
1.36. Specifications —Those portions of the Contract
Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and
workmanship as applied to the Work and certain
administrative details applicable thereto.
1.37. Subcontractor --An individual, firm or corporation
having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the
Work at the site.
1.39. Substantial Completion --The Work (or a
specified part thereog has progressed to the (Joint where,
in the opinion of ENGINEER as evidenced by
ENGINEER's definitive certificate of Substantial
Completion, it is suffciemly complete, in accordance with
the Contract Documents, so that the Work (or specified
part) can be utilized for the purposes for which it is
intended; or if no such certificate is issued, when the
Work is complete and ready for final payment as
evidenced by ENGINEER's written recommendation of
final payment in accordance with paragraph 14.13. The
terms "substantially complete" and "substantially
completed" as applied to all or part of the Work refer to
Substantial Completion thereof.
1.39. Supplementary Conditions —The part of the
Contract Documents which amends or supplements these
General Conditions.
1.40. Supplier —A manufacturer, fabricator, supplier,
distributor, materialman or vendor having a direct contract
with CONTRACTOR or with any Subcontractor to
furnish materials or equipment to be incorporated in the
Work by CONTRACTOR or any Subcontractor.
1.41. Underground Futilities —All pipelines, conduits,
ducts, cables, wires, manholes, vaults, tanks, tunnels or
other such facilities or attachments, and any encasements
containing such facilities which have been installed
underground to furnish any of the following services or
materials: electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable
television, sewage and drainage removal, traffic or other
control systems or water.
1.42. Unit Price Work —Work to be paid for on the basis
of unit prices.
1.43. Work --The entire completed construction or the
various separately identifiable parts thereof required to be
furnished under the Contract Documents. Work includes
and is the result of performing or famishing labor and
furnishing and incorporating materials and equipment into
the construction, and performing or famishing services and
furnishing documents, all as required by the Contract
Documents.
1.44. Work Change Directive -A written directive to
CONTRACTOR issued on or after the Effective Date of
the Agreement and signed by OWNER and recommended
by ENGINEER, ordering an additiorl, deletion or revision
in the Work, or responding to differing or unforeseen
physical conditions under which the Work is to be
performed as provided in paragraph4.2 or 4.3 or to
emergencies under paragraph6.23. A Work Change
Directive will not change the Contract Price or the Contract
Times, but is evidence that the parties expect that the
charge directed or documented by a Work Change
Directive will be incorporated in a subsequently issued
Change Order following negotiations by the parties as to its
effect, if any, on the Contract Price or Contract Times as
provided in paragraph 10.2.
1.45. Written Amendment --A written amendment of the
Contract Documents, signed by OWNER and
CONTRACTOR on or after the Effective Date of the
Agreement and normally dealing with the nonengineering
or nontechnical rather than strictly construction -related
aspects of the Contract Documents.
ARTICLE 2—PRELIMINARY MATTERS
Delivery of Bon&
2.1. When CONTRACTOR delivers the executed
Agreements to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may
be required to famish in accordance with paragraph 5.1.
Copies ofDoeumenIs:
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary
Conditions) of the Contract Documents as are reasonably
necessary for the execution of the Work. Additional copies
will be fumished, upon request, at the cost of reproduction.
Commencement of Contract Times; Notice to Proeeed-
2.3. The Contract Times will commence to run on the
thirtieth day after the Effective Date of the Agreement, or,
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edtrim)
w/CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
if a Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at
any time within thirty days after the Effective Date of the
Agreement. in ne evem wig the GerAFeet Times
aammmee to .. law than she . bdieth day aftef the day
Starting the Work:
2.4. CONTRACTOR shall start to perform the Work
on the date when the Contract Times commence to run,
but no Work shall be done at the site prior to the date on
which the Contract T imes commence to run
Before Starting Construction:
15. Before undertaking each part of the Work,
CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent
figures shown thereon and all applicable field
measurements. CONTRACTOR shall promptly report in
writing to ENGINEER any cornflict, error, ambiguity or
discrepancy which CONTRACTOR may discover and
shall obtain a written in erlxetation or clarification from
ENGINEER before proceeding with any Work affected
thereby; however, CONTRACTOR shall not be liable to
OWNER or ENGINEER for failure to report any conflict,
error, ambiguity or discrepancy in the Contract
Documents, unless CONTRACTOR knew or reasonably
should have known thereof
2.6. Within ten days after the Effective Date of the
Agreement (unless otherwise specified in the General
Requirements), CONTRACTOR shall submit to
ENGINEER for review:
2.6.1. a preliminary progress schedule indicating
the times (numbers of days or dates) for starting and
completing the various stages of the Work, including
any Milestones specified in the Contract Documents;
2.6.2. a preliminary schedule of Shop Drawing and
Sample submittals which will list each required
submittal and the limes for submitting, reviewing and
processing such submittal;
2.6.2.1. In no case will a schedule be
acceptable which allows less than 21 calendar
days for each review by Engineer.
2.6.3. A preliminary schedule of values for all of
the Work which will include quantities and prices of
items aggregating the Contract Price and will
subdivide the Work into component parts in sufficient
detail to serve as the basis for progress payments
during construction. Such prices will include an
appropriate amount of overhead and profit applicable
to each item of Work.
2.7. Before any Work at the site is started,
CONTRACTOR wW GNW shall each deliver to the
ether QWNE with copies to
ENGINEER
SECTION 00500
AGREEMENT FORMS
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
certificates of insurance (and other evidence of insurance
regugste-d by OWNER) which
CONTRACTOR ' maintain is required
to purchase and in accordance with
paragraphs 5.4,�.-and T..
Preconsinrction Conference
2. & Within twenty days after the Contract Times start to
run, but before any Work at the site is started, a conference
attended by CONTRACTOR, ENGINEER and others as
appropriate will be held to establish a working
understanding among the patties as to the Work and to
discuss the schedules referred to in paragraph 2.6,
procedures for handling Shop Drawings and other
submittals processing Applications for Payment and
maintaining required records.
Initially Acceptable Schedules
2.9. Unless otherwise provided in the Contract
Documents, - -- __ y.� cd. -submissien eftt e
e it Pa
before any work at the site begins,
I conference attended by CONTRACTOR, ENGINEER
and others as appropl ste delimated by OWNER will be
held to review for acceptability to ENGINEER as provided
below the schedules submitted in accordance with
paragraph2.6. and Division I - General Renuiremerns
CONTRACTOR shall have an additional ten days to make
corrections and adjustments and to complete and resubmit
the schedules. No progress payment shall be made to
CONTRACTOR until the schedules are submitted to and
acceptable to ENGINEER as provided below. The
progress schedule will be acceptable to ENGINEER as
providing an orderly progression of the. Work to
completion within any specified Milestones and the
Contract Times, but such acceptance will neither impose on
ENGINEER responsibility for the sequencing, scheduling
or progress of the Work nor interfere with or relieve
CONTRACTOR from CONTRACTOR'S full
responsibility therefor. CONTRACTOR's schedule of
Shop Drawing and Sample submissions will be acceptable
to ENGINEER as providing a workable arrangement for
reviewing and processing the required submittals
CONTRACTOR's schedule of values will be acceptable to
ENGINEER as to form and substance.
ARTICLE 3--CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
Intent:
3.1. The Contract Documents comprise the entire
agreement between OWNER and CONTRACTOR
concerning the Work. The Contract Documents are
complementary, what is called for by one is as binding as if
called for by all. The Contract Documents will be
construed in accordance with the law of the place of the
Project.
3.2. It is the intent of the Contract Documents to
EICDCGENE A1. CONDITIONS I910.8(1990Editim)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
describe a functionally complete Project (or part thereof)
to be constructed in accordance with the Contract
Documents. Any Work, materials or equipment that may
reasonably be inferred from the Contract Documents or
from prevailing custom or trade usage as being required to
produce the intended result will be famished and
performed whether or not specifically called for. When
words or phrases which have a well-known technical or
construction industry or trade meaning are used to
describe Work, materials or equipment, such words or
phrases shall be interpreted in accordance with that
meaning. Clarifications and interpretations of the Contract
Documents shall be issued by ENGINEER as provided in
paragraph 9.4.
3.3. Reference to SYandarde and Specifications of
Technical Societies; Reporting and Resolving
Discrepancies:
3.3.1. Reference to standards, specifications,
manuals or codes of any technical society, organization
or association, or to the Laws or Regulations of any
governmental authority, whether such reference be
specific or by implication, shall mean the latest
standard, specification, manual, code or Laws or
Regulations in effect at the time of openino of Bids (or,
on the Effective Date of the Agreement if there were
no Bids), except as may be otherwise specifically
stated in the Contract Documents.
3.3.2. If during the performance of the Work,
CONTRACTOR discovers any conflict, error,
ambiguity or discrepancy within the Contract
Documents or between the Contract Documents and
any provision of any such Law or Regulation
applicable to the performance of the Work or of any
such standard, specification, manual or code or of any
instruction of any Supplier referred to in paragraph 6.5,
CONTRACTOR shall report it to ENGINEER in
writing at once, and, CONTRACTOR shall not
proceed with the Work affected thereby (except in an
emergency as authorized by paragraph 6.23) until an
amendment or supplement to the Contract Documents
has been issued by one of the methods indicated in
pans�aph 35 or 3.6; provided, however, that
COI�IRACTOR shall not be liable to OWNER or
ENGINEER for failure to report any such conflict,
error, ambiguity or discrepancy unless
CONTRACTOR knew or reasonably should have
known thereof.
3.3.3. Except as otherwise specifically stated in the
Contract Documents or as may be provided by
amendment or supplement thereto issued by one of the
methods indicated in paragraph 3.5 or 3.6, the
provisions of the Contract Documents shall take
precedence in resolving any conflict, error, ambiguity
or discrepancy between the provisions of the Contract
Documents and:
3.3.3.1. the provisions of any such standard,
specification, manual, code or instruction (whether
or not specifically incorporated by reference in the
Contract Documents); or
3.3.3.2. the provisions of any such Laws or
Regulations applicable to the performance of the
Work (unless such an interpretation of the
provisions of the Contract Documents would result
in violation of such Law or Regulation).
No provision of any such standard, specification, manual,
code or instruction shall be effective to change the duties
and responsibilities of OWNER, CONTRACTOR or
ENGINEER, or any of their subcontractors, consultants,
agents or employees from those act forth in the Contract
Documents, nor shall it be effective to assign to OWNER,
ENGINEER or any of ENGINEER's Consultants, agents or
employees any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility inconsistent with the
provisions of paragraph 9.13 or any other provision of the
Contract Documents.
3.4. Whenever in the Contract Documents the terms "as
ordered" "as directed", "as required", "as allowed", "as
approved" or terms of like effect or import are used, or the
adjectives "reasonable", "suitable", "acceptable", "proper"
or "satisfactory" or adjectives of like effect or import are
used to describe a requirement, direction, review or
judgment of ENGINEER as to the Work, it is intended that
such requirement, direction, review or judgment will be
solely to evaluate, in general, the completed Work for
compliance with the requirements of and information in the
Contract Documents and conformance with the design
concept of the completed Project as a functioning whole as
shown or indicated in the Contract Documents (unless there
is a specific statement indicating otherwise). The use of
any such term or adjective shall not be effective to assign to
ENGINEER any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility contrary to the
provisions of paragraph 9.13 or any other provision of the
Contract Documents.
Amending and Supplementing Contract Documents
3.5. The Contract Documents may be amended to
provide for additions, deletions and revisions in the Work
or to modify the terns and conditions thereof in one or
more of the following ways:
3.5.1. a formal Written Amendment,
3.5.2. a Change Order (pursuant to paragraph 10.4),
or
EICDC GENERAL CONDITIONS 1910-8 (1990 Editim)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
3.5.3. a Work Change Directive (pursuant to
paragraph 10.1).
3.6. In addition, the requirements of the Contract
Documents may be supplemented, and minor variations
and deviations in the Work may be authorized, in one or
more of the following ways:
3.6.1. A Field Order (pursuant to paragraph 9.5�
3.6.2. ENGINEER's approval of a Shop Drawing or
Sample (pursuant to paragraphs 6.26 and 6.27), or
3.6.3. ENGINEER's written interpretation or
clarification (pursuant to paragraph 9A).
Reuse ofDoeuments.
3.7. CONTRACTOR, and any Subcontractor or
Supplier or other person or organization perfcrmunp or
furnishng any of the Work under a direct or indirect
contract with OWNER (i) shall not have or acquire any
title to or ownership rights in any of the Drawings,
Specification or other documents (or copies of any
thereof) prepared by or bearing the seal of ENGINEER or
ENGINEER's Consultant, and (ii) shall not reuse any of
such Drawings, Specifications, other documents or copies
on extensions of the Project or any other project without
written consent of OWNER and ENGINEER and specific
written verification or adaptation by ENGINEER -
ARTICLE 4--AVAILABILITY OF LANDS;.
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
Avaikrbi6ty ofLandr.
4.1. OWNER shall furnish, as indicated in the Contract
Documents, the lands upon which the Work is to be
performed, rights -of -way and easements for access
thereto, and such other lands which are designated for the
use of CONTRACTOR Upen-reasenabla wFitten request;
of or filing a meahemids lien
OWNER shall identify any encumbrances or restrictions
not of general application but specifically related to use of
lands so ftunished with which CONTRACTOR will have
to comply in performing the Wale. Easements for
permanent structures or permanent changes in existing
facilities will be obtained and paid for by OWNER, unless
otherwise provided in the Contract Documents, If
CONTRACTOR and OWNER are unable to agree on
entitlement to or the amount or extent of any adjustments
in the Contract Price or the Contract Times as a result of
any delay in OWNER's furnishing these lands, rights -of -
way or easements, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12.
CONTRACTOR shall provide for all additional lands and
access thereto that may be required for temporary
construction facilities or storage of materials and
equipment.
4..2. Subsurface and Physical Conditions:
4.2.1. Reports and Drawings: Reference is made to
the Supplementary Conditions for identification of.
4.2.1.1.. Subsurface Conditions: Those reports of
explorations and tests of subsurface conditions at or
contiguous to the site that Have been utilized by
ENGINEER in preparing the Contract Documents;
and
4.2.1.2. Physical Conditions. Those drawings of
physical conditions in or relating to existing surface
or subsurface structuresat or contiguous to the site
(except Underground Facilities) that have been
utilized by ENGINEER in preparing the Contract
Documents.
4.2.2. Limited Reliance by CONTRACTOR Authorized'
Technical Data: CONTRACTOR may rely upon the
general accuracy of the "technical data" contained in such
repots and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified in
the Supplementary Conditions. Except for such reliance on
such "technical data", CONTRACTOR may not rely upon
or make any claim against OWNER, ENGINEER or any of
ENGINEER's Consultants with respect to:
4.2.2.1. the completeness of such reports and
drawings for CONTRACTOR's purposes,
including, but not limited to, any aspects of the
means, methods, techniques, sequences and
procedures of construction to be employed by
CONTRACTOR and safety precautions and
programs incident thereto, or
4.2.2.2. other data, interpretations, opinions
and inform ation contained in such repots or shown
or indicated in such drawings, or
4.2.2.3. any CONTRACTOR interpretation of
or conclusion drawn from any "technical data" or
any such data, interpretations, opinions or
information.
4.2.3. Notice of Differing Subsurface or Physical
Conditions: If CONTRACTOR believes that any
subsurface or physical condition at or contiguous to the site
that is uncovered or revealed either:
4.2.3.1. is of such a nature as to establish that
any "technical data" on which CONTRACTOR is
entitled to rely as provided in paragraphs 4.2.1 and
4.2.2 is materially inaccurate, or
4.2.3.2. is of such a nature as to require a
change in the Contract Documents, or
4.2.3.3. differs materially from that shown or
EJCDC GENERAL CONDITIONS 1910-8 (1990Edaim)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
indicated in the Contract Documents, or
4.2.3.4. is of an unusual nature, and differs
materially from conditions ordinarily encountered
and generally recognized as inherent in work of
the character provided for in the Contract
Documents; then
CONTRACTOR shall, promptly immediately after
becoming aware thereof and before further disturbing
conditions affected thereby or performing any Work in
connection therewith (except in an emergency as
permitted ,by paragraph 6.23), notify OWNER and
ENGINEER in writing about such condition.
CONTRACTOR shall not further disturb such conditions
or perform any Work in connection therewith (except as
aforesaid) until receipt of written order to do so.
4.2.4. ENGINEER's Review: ENGINEER will
promptly review the pertinent conditions, determine the
necessity of OWNER's obtaining additional exploration or
tests with respect thereto and advise OWNER in writing
(with a copy to CONTRACTOR) of ENGINEER's
findings and conclusions.
4.2.5. Possible Contract Documents Change: If
ENGINEER concludes that a change in the Contract
Documents is required as a result of a condition that meets
one or more of the categories in paragraph 4.2.3, a Work
Change Directive or a Change Order will be issued as
provided in Article 10 to reflect and document the
consequences of such change.
4.2.6. Possible Price and Times Ai#ustmenis. An
equitable adjustment in the Contract Price or in the
Contract Times, or both, will be allowed to the extent that
the existence of such uncovered or revealed condition
causes an increase or decrease in CONTRACTOR's cost
of, or time required for performance of the Work; subject,
however, to the following:
4.2.6.1. such condition must meet any one or
more of the categories described in
paragraphs 4,2.3.1 through 4.2.3.4; inclusive;
4.2.6.2. a change in the Contract Documents
pursuant to paragraph 4.2.5 will not be an
automatic authorization of nor a condition
precedent to entitlement to any such adjustment
4.2.6.3. with respect to Work that. is paid for
on a Unit Price Basis, any adjustment in Contract
Price will be subject to the provisions of
paragraphs 9.10 and 11.9; and
4.2.6.4. CONTRACTOR shall not be entitled
to any adjusnment in the Contract Price or Times
if,
4.2.6.4.1. CONTRACTOR knew of
the existence of such conditions at the
time CONTRACTOR made a final
commitment to OWNER in respect of
Contract Price and Contract Times by the
submission of a bid or becoming bound
under a negotiated contract; or
4.2.6.4.2. the existence of such
condition could reasonably have been
discovered or revealed as a result of any
examination; investigation, exploration,
test or study of the site and contiguous
areas required by the Bidding
Requirements or Contract. Documents to be
conducted by or for CONTRACTOR prior
to CONTRACTOR's making such final
commitment; or
4.2.6.4.3. CONTRACTOR failed to
give the written notice within the time and
as required by paragraph 4.2.3.
If OWNER and CONTRACTOR are unable to agree on
entitlement to or as to the amount or length of any such
equitable adjustment in the Contract Price or Contract
Times, a claim may be made therefor as provided in
Articles I i and 12. However, OWNER, ENGINEER and
ENGINEER's Consultants shall not be liable to
CONTRACTOR for any claims, costs, losses or damages
sustained by CONTRACTOR on or in connection with any
other project or anticipated project
4.3. Physical Conditions -Underground Facilities:
43.1. Shown or Indicated: The information and data
shown or indicated in the Contract Documents with
respect to existing Underground Facilities at or
contiguous to the site is based on information and data
furnished to OWNER or ENGINEER by the owners of
such Underground Facilities or by others. Unless it is
otherwise expressly provided in the Supplementary
Conditions:
4.3.1.1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data; and
4.3.1.2. The cost of all of the following will be
included in the Contract Price and CONTRACTOR
shall have full responsibility for: (i) reviewing and
checking all such information and data, (ii) locating
all Underground Facilities shown or indicated in the
Contract Docmnents,(iii) coordination of the Work
with the owners of such Underground Facilities
during construction, and (iv) the safety and
protection of all such Underground Facilities as
provided in paragraph 6.20 and repairing any
damage thereto resulting from the Work.
4.3.2. Not Shown or Indicated.• If an Underground
Facility is uncovered or revealed at or contiguous to
the site which was not shown or indicated in the
Contract Documents,. CONTRACTOR shall, prempNy
immediately after becoming aware thereof and beffore
further disturbing condition affected thereby or
performing any Work in connection therewith (except
in an emergency as required by paragraph 6.23),
identify the owner of such Underground Facility and
EJCDC GENERAL CONDITIONS 1910-8 (1990 Ecitim)
wl CITY OF FORT COLLINS MODIRCATIONS (REV 42000)
give written notice to'that owner and to OWNER and
ENGINEER. ENGINEER will promptly review the
Underground Facility and determine the extent, if
any, to which a change is required in the Contract
Documents to reflect and document the consequences
of the existence of 'the Underground Facility. If
ENGINEER concludes that a change in the Contract
Documents is required, a Work Change Directive or a
Change Order will be issued as provided in Article 10
to reflect and document such consequences. During
such time, CONTRACTOR shall be responsible for
the safety and protection of such Underground
Facility as provided in paragrraph6.20.
CONTRACTOR shall may be allowed an increase in
the Contract Price or an extension of the Contract
Times, or both, to the extent that they are attributable
to the existence of any Underground Facility that was
not shown or indicated in the Contract Documents
and that CONTRACTOR did not know of and could
tat reasonably have been expected to be aware of or
to have anticipated: I£ OWNER and CONTRACTOR
are unable to agree on entitlement to or the amount or
length of any such adjustment in Contract Price or
Contract Times, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12. However,
OWNER, ENGINEER and ENGINEER's
Consultants shall not be liable to CONTRACTOR for
any claims, casts; losses or damages incurred or
sustained by CONTRACTOR on or in connection
with any other project or anticipated project.
Reference Points,
4.4. OWNER shall provide engineering surveys to
establish reference points for construction which in
ENGINEER's Judgment are necessary to enable
CONTRACTOR to proceed with the Work.
CONTRACTOR shall be responsible for laying out the
Work, shall protect and preserve the established reference
points and shall make no changes or relocations without
the prior written approval of OWNER CONTRACTOR
shall report to ENGINEER whenever any reference point
is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and span be
responsible for the accurate replacement or relocation of
such reference points by professionally qualified
personnel.
4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Material:
4.5.1. OWNER shall be responsible for any
Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Material uncovered or revealed at the site
which was not shown or indicated in Drawings or
Specifications or identified in the Contract
Documents to be within the scope of the Work and
which may present a substantial danger to persons or
property exposed thereto in connection with the Work
at the site. OWNER shall not be responsible for any
such materials brought to the site by
CONTRACTOR, Subcontractors, Suppliers or
anyone else for whom CONTRACTOR is
responsible.
ARTICLE 5--130NDS AND INSURANCE
Performance, Payment and Other Bonds:
5.1. CONTRACTOR shall furnish Performance and
Payment Bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and
payment of all CONTRACTOR'S obligations under the
Contract Documents. These Bonds shall remain in effect
at least until one year after the date when final payment
becomes due, except as provided otherwise by Laws or
Regulations or by the Contract Documents.
CONTRACTOR shall also furnish such other Bonds as
are required by the Supplementary Conditions. All Bonds
shall be in the form prescribed by the Contract Documents
except as provided otherwise by Laws or Regulations and
shall be executed by such sureties as are named in the
current list of "Companies Holdi'm Certificates of
Authority as Acceptable Sureties on Fedaal Bonds and as
Acceptable Reinsuring Companies" as published in
Circular570 (amended) by the Audit Staff; Bureau of
Government Financial Operations, U.S. Treasury
Department All Bonds signed by an agent must be
accompanied by a certified copy of such agent's authority
to act.
5.2. If the surety on any Bond furnished by
CONTRACTOR is declared a bankrupt or becomes
insolvent or its right to do business is terminated in any
state where any part of the Project is located or it ceases to
meet the requirements of paragraph 5.1, CONTRACTOR
shall within ten days thereafter substitute another Bond
and surety, both of which must be acceptable to OWNER
5.3. Licensed Sureties and Insurers; Cerhfrcates of
Insurance:
5.3.1. All Bonds and insurance required by the
Contract Documents to be purchased and maintained
by OWNER or CONTRACTOR shall be obtained
from surety or insurance companies that are duly
licensed or authorized in the jurisdiction in which the
Project is located to issue Bonds or insurance policies
for the limits and coverages so required. Such surety
and insurance companies shall also meet such
additional requirements and qualifications as may be
provided in the Supplementary Conditions.
5.3.2. CONTRACTOR shall deliver to OWNER,
with copies to each additional insured identified in the
Supplementary Conditions, certificates of insurance
(and other evidence of insurance requested by
OWNER or any other additional insured) which
CONTRACTOR is required to purchase and maintain
in accordance with paragraph 5.4. QVIIIiR shell
EICDC GENERAL CONDITIONS 1910-8 (1990 E(i[im)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
CONTRACTOR's Liability 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 CONTRACTOR's performance and
furnishing of the Work and CONTRACTORs other
obligations under the Contract Documents, whether it is to
be performed or furnished by CONTRACTOR, any
Subcontractor or Supplier, or by anyone directly or
indirectly employed by any of them to perform or furnish
any of the Work, or by anyone for whose acts any of them
may be liable:
5.4.1. claims under workers' compensation, disability
benefits and other similar employee benefit acts;
5.4.2. claims for damages because of bodily injury,
occupational sickness or disease, or death of
CONTRACTOR's employees;
5.4.3. claims for damages because of bodily injury,
sickness or disease, or death of any person other than
CONTRACTOR's employees;
5.4.5. claims for damages, other than to the Work
itself, because of injury to or destruction of tangible
property wherever located, including loss of use
resulting therefrom; and
5.4.6. claims for damages because of bodily injury or
death of any permit or property damage arising out of
the ownership, maintenance or use of any motor
vehicle.
The policies of insurance so required by this paragraph 5.4
to be purchased and maintained shall:
5.4.7. with respect to insurance required by
paragraphs 5.4.3 through 5.4.6 inclusive and 5.4.9,
include as additional insureds (subject to any
customary exclusion in respect of professional
liability), OWNER, ENGINEER, ENGINEER's
Consultants and any other persons or entities identified
in the Supplementary Conditions, all of whom shall be
listed as additional insureds, and include coverage for
the respective officers and employees of all such
additional insureds;
5.4.8. include the specific coverages and be written
for not less than the limits of liability provided in the
Supplementary Conditions or required by Laws or
Regulations, whichever is greater;
5.4.9. include completed operations insurance;
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edtitln)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
5.4.10. include contractual liability insurance
covering CONTRACTOR'S indemnity obligations
under paragraphs 6.12, 6.16 and 6.31 through 6.33;
5.4.11. contain a provision or endorsement that the
coverage afforded will not be cancelled, materially
changed or renewal refused until at least thirty days'
prior written notice has been given to OWNER and
CONTRACTOR and to each other additional insured
identified in the Supplementary Conditions to whore
a certificate of insurance has been issued (and the
certificates of insurance furnished by the
CONTRACTOR pursuant to paragraph 5.3.2 will so
provide);
5.4.12. remain in effect at least until final payment
and at all times thereafter when CONTRACTOR may
be correcting, removing or replacing defective Work
in accordance withparegraph 13.12; and
5.4.13. with respect to completed operations
insurance, and any insurance coverage written on a
claims -made basis, remain in effect for at least two
years after final payment (and CONTRACTOR stall
fumish OWNER and each other additional insured
identified in the Supplementary Conditions to whom
a certificate of insurance has been issued evidence
satisfactory to OWNER and any such additional
insured of continuation of such insurance at final
payment. and one year thereafter).
OWNER's LiabiHty Insurance.
5.5. In addition to insurance required to be provided
by CONTRACTOR under paragraph 5.4, OWNER, at
OWNER's option, may purchase and maintain at
OWNER's expense OWNER's own liability insurance as
will protect OWNER against claims which may arise from
operations under the Contract Documents.
Properly Immmitce.,
e e n be
%Tittm en _ n..:ldWs nisi, eat risk"
BPOR as O ..iAl 8896M e f 1056 POligy f4a ffi. that
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5.9. OWNER shall not be responsible for purchasing
and maintaining any property insurance to protect the
interests of CONTRACTOR, Subcontractors or others in
kll
risk ef
ha bemp
Am the limits of .ueh .. eurAs aeh may
EICDC GENERAL CONDITIONS I910.8 (1990 E(Ution)
10 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
Receipt andAppfieation oflnsurance Proceeds.,
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for the
insureds, as their interests may appear, subject to the
requirements of any applicable mortgage clause and of
paragraph 5.13. OWNER shall deposit in a separate
account any money so received, and shall distribute it in
accordance with such agreement as the parties in interest
may reach If no other special agreement is reached the
damaged Work shall be repaired orreplaced, the moneys so
received applied on account thereof and the Work and the
cost thereof covered by an appropriate Change Order or
Written Amendment.
5.13. OWNER as fiduciary shall have power to adjust
and settle any loss with the insurers unless one of the
parties in interest shall object in writing within fifteen days
after the occurrerwe of loss to OWNfiR's exercise of this
power. If such objection be made, OWNER as fiduciary
shall make settlement with the insurers in accordance with
such agreement as the parties in interest may reach If no
such agreement among the parties in interest is reached,
OWNER as fiduciary shall adjust and settle the loss with
the insurers
d fen the
Acceptance of Bonds and Insurance, Option to Replace.
5.14. Ifor GG�URAGTW
OWNER has any objection to the coverage afforded by or
other provisions of the RwAs er insurance required to be
Purchased and maintained by the etfier—party
CONTRACTOR in accordance with Article 5 on the basis
of nonconformance with the Contract Documents, the
in writing with
the certificates
Partial Utifi7µtion—Property Insurance:
5,15. If OWNER finds it necessary to occupy or use a
potion or portions of the Work prior to Substantial
EJCDC GENERAL CONDITIONS 1910.8 (1990 Editim)
w/ C1TY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
Completion of all the Work, such use or occupancy may
be accomplished in accordance with paragraph 14.1 Q
provided that no such use or occupancy shall commence
before the insurers providing the property insurance have
acknowledged notice thereof and in writing effected any
changes in coverage necessitated thereby. The insurers
providing the property innsi rance shall consent by
endorsement on the policy or policies, but the property
insurance shall not be cancelled or permitted to lapse on
account of any such partial use or occupancy.
ARTICLE 6-CONTRACTOR'S
RESPONSIBILITIES
Supervision and Superintendence:
6.1. CONTRACTOR shall supervise, inspect and
direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in
accordance with the Contract Documents,
CONTRACTOR shall be solely responsible for the means,
methods, techniques, sequences and procedures of
comtructionn, but CONTRACTOR shall not be responsible
for the negligence of others in the design or specification
of a speck means, method, technique, sequence or
procedure of construction which is shown or indicated in
and expressly required by the Contract Documents.
CONTRACTOR shall be responsible to see that the
completed Wok complies accurately with the Contract
Documents.
6.2. CONTRACTOR shall keep on the Work at all
times during its progress a competent resident
superintendent, who shall not be replaced without written
notice to OWNER and ENGINEER except under
extraordinary circumstances. The superintendent will be
CONTRACTOR's representative at the site and shall have
authority to act on behalf of CONTRACTOR All
communications to the sugatntendent shall as binding
as if given to CONTRACTOR
Labor, Materials and Equipment:
6.3. CONTRACTOR shall provide competent,
suitably qualified personnel to survey, lay out and
construct the Work as required by the Contract
Documents. CONTRACTOR shall at all times maintain
good discipline and order at the site. Except as otherwise
required for the safety or protection of persons or the
Work or property at the site or adjacent thereto, and
except as otherwise indicated in the Contract Documents,
all Work at the site shall be performed during regular
working hours and CONTRACTOR will not permit
overtime work or the performance of Work on Saturday,
Sunday or any legal holiday without OWNER's written
consent given after prior written notice to ENGINEER.
CONTRACTOR mall submit re nests to the ENGINEER
no less than 48 hours in advance of airy Wok to be
performed on Saturday, Sunday, Holidays o outside the
Hou Regular Work irng rs.
IM
6:4. Unless otherwise specified in the General
Requirements, CONTRACTOR shall fumislh and assume
full responsibility for all materials; equipment, labor,
transportation, construction equipment and machinery,
tools, appliances, fuel, power, light, heat, telephone, water,
sanitary facilities, temporary facilities and all other
facilities and incidentals necessary for the furnishing,
performance, testing, start-up and completion of the Work.
6.4. 1 Purchasing Restrictions CONTRACTOR
must cony with the City's purchasing restrictions A
%,y of the resolutions are available far review m the
offices of the Purrdhasine and Risk Management
Division or the City Clerk's office.
6 4 2 Cement Restrictions City of Fort Collins
Resolution 91-121 requires that suonliers and producers
of cement orpxoducts containing cement to certify that
the cement was not made in Bement kilrns that bum
]Hazardous waste as a fuel.
6.5. All materials and equipment shall be of good
quality and new, except as otherwise provided in the
Contract Documents. All warranties and guarantees
specifically called for by the Specifications shall expressly
nun to the benefit of OWNER If required by ENGINEER,
CONTRACTOR shall furnish satisfactory evidence
(including reports of required tests) as to the kind and
quality of materials and equipment. All materials and
equlpment shall be applied, installed, connected, erected,
used cleaned and conditioned in accordance with
instructions of the applicable Supplier, except as otherwise
provided in the Contract Documents.
Progress Schedule.
6.6. CONTRACTOR shall adhere to the progress
schedule established' in accordance with paragraph 2.9 as it
may be adjusted from time to time as provided below:
6.6.1. CONTRACTOR shall submit to ENGINEER
for acceptance (to the extent indicated in
paragraph 2.9) proposed adjustments in the progress
schedule that will not change the Contract Times (or
Milestones). Such adjustments will conform generally
to the progress schedule then in effect and additionally
will comply with any provisions of the General
Requirements applicable thereto.
6.6.2. Proposed adjustments in the progress schedule
that will change the Contract. Times (or Milestones)
shall be submitted in accordance with the requirements
of paragraph 12.1. Such adjustments may only be
made by a Change Order or Written Amendment in
accordance with Article 12.
6.7. Substitutes and " Or -Equal " Item s
6.7.1. Whenever an item of material or equipment is
specified or described in the Contract Documents by
using the name of a proprietary item or the name of a
particular Supplier, the specification or description is
intended to establish the type, function and quality
required. Unless the specification or description
EICDC GENERAL CONDIIIONS 191" (1990 E(fition)
12 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
contains or is followed by words reading that no like,
equivalent or "or -equal" item or no substitution is.
permitted, other items of material or equipment or
material o equipment of other Suppliers may be
accepted by ENGINEER under the following
circumstances:
6.7.1.1. "Or-F.qual". If in ENGINEER's sole
discretion an item of material or equipment
proposed by CONTRACTOR is functionally
equal to that named and sufficiently similar so that
no change in related Work will be required, it may
be considered by ENGINEER as an "or -equal"
item, in which case review and approval of the
proposed item may, in ENGINEER's sole
discretion; be accomplished without compliance
with some or all of the requirements for
acceptance of proposed substitute items:
6.7.1.2. Substitute Items: If in ENGINEER's sole
discretion an item of material or equipment
proposed by CONTRACTOR does not qua tl fy as
an "or -equal" item under subparagraph 6.7.1.1, it
will be considered a proposed substitute item.
CONTRACTOR shall submit sufficient
information as provided below to allow
ENGINEER to determine that the item of material
or equipment proposed is essentially equivalent to
that named and an acceptable substitute therefor.
The procedure for review by the ENGINEER will
include the following as supplemented in the
General Requirements and as ENGINEER may
decide is appropriate under the circumstances.
Requests for review of proposed substitute items
of material or equipment will not be accepted by
ENGINEER from anyone other than
CONTRACTOR If CONTRACTOR wishes to
finish or use a substitute item of material or
equipment, CONTRACTOR shall first make
written application to ENGINEER for acceptance
thereof, certifying that the proposed substitute will
perform adequately the functions and achieve the
results called for by the general design, be similar
in substance to that specified and be suited to the
same use as that specified The application will
state the extent, if any, to which the evaluation
and acceptance of the proposed substitute will
prejudice CONTRACfOR's achievement of
Substantial Completion on time, whether or not
acceptance of the substitute for use in the Work
will require a change in any of the Contract
Documents (or in the provisions of any other
direct contract with OWNER for work on the
Project) to adapt the design to the proposed
substitute and whether or not incorporation or use
of the substitute in connection with the Work is
subject to payment of any license fee or royalty.
All variations of the proposed substitute from that
specified will be identified in the application and
available maintenance, repair and replacement
service will be indicated. The application will
also contain an itemized estimate of all costs or
credits that will result directly or indirectly from
acceptance of such substitute, including costs of
redesign and claims of other contractors affected
by the resulting change, all of which will be
considered by ENGINEER in evaluating .the
proposed substitute. ENGINEER may require
CONTRACTOR to furnish additional data about
the proposed substitute.
6.7.1.3. CONTRACTOR's Expense: All data to be
provided by CONTRACTOR in support of any
proposed "or -equal" or substitute item will be at
CONTRACTOR's expense.
6.7.2. Substitute Construction Methods or
Procedures: If a specific means, method, technique,
sequence or procedure of construction is shown or
indicated in and expressly required by the Contract
Documents, CONTRACTOR may furnish or utilize a
substitute means, method, technique, sequence or
procedure of construction acceptable to ENGINEER.
CONTRACTOR shall submit sufficient information to
allow ENGINEER, in ENGINEER'S sole discretion, to
determine that the substitute proposed is equivalent to
that expressly called for by the Contract Documents.
The procedure for review by ENGINEER will be
similar to that provided in subparagraph 6.7.1.2.
6.7.3. Engineer's Evaluation, ENGINEER will be
allowed a reasonable time within which to evaluate
each proposal or submittal made pursuant to
paragraphs 6.7.1.2 and 6.72. ENGINEER will be the
sole judge of acceptability. No "or -equal" or
substitute will be ordered, installed or utilized without
ENGINEER'S prior written acceptance which will be
evidenced by either a Change Order or an approved
Shop Drawing. OWNER may require
CONTRACTOR to famish at CONTRACTOR's
expense a special performance guarantee or other
surety with respect to any "or -equal" or substitute.
ENGINEER will record time required by
ENGINEER and ENGINEER's Consultants in
evaluating substitutes proposed or submitted by
CONTRACTOR pursuant to paragraphs 6.7.1.2 and
6.7.2 and in making changes in the Contract
Documents (or in the provisions of any other direct
contract with OWNER for work on the Project)
occasioned thereby. Whether or not ENGINEER
accepts a substitute item so proposed or submitted by
CONTRACTOR, CONTRACTOR shall reimburse
OWNER for the charges of ENGINEER and
ENGINEER's Consultants for evaluating each such
proposed substitute item.
6.8. Concerning Subcontractors, Suppliers and
Others:
6.8.1. CONTRACTOR shall not employ any
Subcontractor, Supplier or other person or organization
(including those acceptable to OWNER and
ENGINEER as indicated in paragraph 6.8.2), whether
initially or as a substitute, against whom OWNER or
ENGINEER may have reasonable objection.
CONTRACTOR shall not be required to employ any
Subcontractor, Supplier or other person or organization
to furnish or perform any of the Work against whom
CONTRACTOR has reasonable objection.
EJCDC GENERAL CONDITIONS 1910-5 (1990 Edirim)
w/CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
6.9.
CONTRACTOR shall erfotm not less than 20
percent of the Work with its own orces (that is.
without subcontracting) The 20 percent requirement
shall be understood to refer to the Work the value of
which totals not less than 20 percent of the Contract
Price.
6.8.2. if the Supplamenta eaditions Bidding
Documents require the identity of certain
Subcontractors, Suppliers or other persons or
organizations (including those who are to famish the
principal items of materials or equipment) to be
submitted to OWNER
date prior to the Effective Date of the Agreement for
acceptance by OWNER and ENGINEER,—amp-4
OWNER's or
writing or by f
IINEER's acceptance (either in
to make written objection thereto
ENGINEER No acceptance by UVJNISK or
ENGINEER of any such Subcontractor, Supplier or
other person or organization shallconstitute a waiver
of any right of OWNER or ENGINEER to reject
defective Work.
6.9.1. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions
of the Subcontractors, Suppliers and other persons
and organizations perform ing or furnishing any of the
Welk under a direct or indirect contract with
CONTRACTOR just as CONTRACTOR is
responsible for CONTRACTOR's own acts and
omissions. Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor,
Supplier or other person or organization any
contractual relationship between OWNER or
ENGINEER and any such Subcontractor, Supplier or
other person or organization, nor shall it create any
obligation on the pan of OWNER or ENGINEER to
pay or to see to the payment of any moneys due any
such Subcontractor, Supplier or other person or
organization except as may otherwise be required by
Laws and Regulations. OWNER or ENGINEER may
furnish to any subcontractor. supplier or other person
or organization evidence of amounts paid to
CONTRACTOR in accordance with
CONTRACTOR'S "Applications for Payment".
13
SECTION 00510
NOTICE OF AWARD
Date:September 27, 2006
TO: ACC Roofing Incorporated
PROJECT: Old Sand/Salt Building Roof
OWNER: CITY OF FORT COLLINS
(hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated September 25, 2006 for the above
project has been considered. You are the apparent successful Bidder and have
been awarded an Agreement for Old Sand/Salt Building Roof: Provide all labor,
materials and equipment to remove existing roofing around scuppers and install
OSB on parapet, 3" ISO and crickets fully adhered, RPI .060 Mil. Fully adhered,
pre -finished 24 gauge metal coping and conductor heads, using existing
downspouts in -filled as required, all per plans dated 8/2/06 and per proposal
September 25, 2006.
The Price of your Agreement is Ninety Two Thousand Four Hundred Dollars
($92,400).
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 12, 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
OWNER to consider your Bid abandoned,
declare your Bid Security forfeited.
within the time specified will entitle
to annul this Notice of Award and to
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.
By:
City of Fort Collins
OWNER
sj B. O'Neill, II, CPPO, FNIGP
sitor of Purchasing & Risk Management
9/12/01 Section 00510 Page 1
6.9.2. CONTRACTOR shall be solely responsible
for scheduling and coordinating the Work of
Subcontractors, Suppliers and other persons and
organizations performing or furnishing any of the
Work under a direct or indirect contract with
CONTRACTOR CONTRACTOR shall require all
Subcontractors, Suppliers and such other persons and
organizations performing or furnishing any of the
Work to communicate with the ENGINEER through
CONTRACTOR
6.10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among
Subcontractors or Suppliers or delineating the Work to be
performed by any specific trade.
6.11. All Work performed for CONTRACTOR by a
Subcontractor or Supplier will be pursuant to an
appropriate agreement between CONTRACTOR and the
Subcontractor or Supplier which specifically binds the
Subcontractor or Supplier to the applicable temps and
conditions of the Contract Documents for the benefit of
OWNER and ENGINEER.
t. ided in
..t... c c .e .... ....e tee.. the
p. �o
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and
royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work
of any invention, design process, product or device which
is the subject of patent rights or copyrights held by others.
If a particular invention, design, process, product or device
is specified in the Contract Documents for use in the
performance of the Wait and if to the actual knowledge of
OWNER or ENGINEER its use is subject to patent rights
or copyrights calling for the payment of any license fee or
royalty to others, the existence of such rights shall be
disclosed by OWNER in the Contract Documents. To the
fullest extent permitted by Laws and Regulations,
CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER's Consultants and the
officers, directors, employees, agents and other consultants
of each and any of them from and against all claims, costs,
losses and damages arising out of or resulting from any
infringement of patent riglrts or copyrights incident to the
use in the performance of the Work or resulting from the
incorporation in the Work of any invention, design,
process, product or device not specified in the Contract
Documents.
14 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
Permits:
6.13. Unless otherwise provided in the Supplementa
Conditions, CONTRACTOR shall obtain and pay for all
oonstruction permits and licenses. OWNER shall assist
CONTRACTOR, when necessary, in obtaining such
permits and licenses. CONTRACTOR shall pay all
governmental charges and inspection fees necessary for
the prosecution of the Work, which are applicable at the
time of opening of Bids, or, if there are no Bids, on the
Effective Date of the Agreement. CONTRACTOR shall
pay all charges of utility owners for connections to the
Work, and OWNER shall pay all charges of such utility
owners for capital costs related thereto such as plant
investment fees.
6.14. Laws andReguladons:
6.14.1. CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to
flrnishing and performance of the Work. Except
where otherwise expressly required by applicable
Laws and Regulations, neither OWNER nor
ENGINEER shall be responsible for monitoring
CONTRACTOR's compliance with any Laws or
Regulations.
6.14.2. If CONTRACTOR performs any Work
knowing or having reason to know that it is contrary
to Laws or Regulations, CONTRACTOR shall bear
all claims, costs, losses and damages caused by,
arising out of or resulting therefrom; however, it shall
not be CONTRACTOR's primary responsibility to
make certain that the Specifications and Drawings are
in accordance with Laws and Regulations, but this
shall not relieve CONTRACTOR of
CONTRACTOR'S obligations under paragraph 3.3.2.
Taxes:
6.15. CONTRACTOR shall pay all sales, consumer,
use and other similar taxes required to be paid by
CONTRACTOR in accordance with the Laws and
Regulations of the place of the Project which are
applicable during the performance of the Work.
6.15.1. OWNER is exempt from Colorado State and
local sales end use taxes on materials to be
permanently incorporated into the ixoject Said taxes
shall not be included in the Contract Price.
Address:
Colorado Department of Revenue
State Capital Annex
1371 Sbef Strcet
Denver. Colorado. 8026I
Sales and Use ''axes for the State of Colorado,
Regional Transportation District (RTD) and certain
Colorado counties are collected by the State of
Colorado and are included in the Certification of
Exemption.
All apllicable Sales and Use Taxes (including State
collected taxes . on any items other than construetien
and building materials physically inoorporated into the
poiect are to be maid by CONTRACTOR and are to
included in appropriate bid items.
Use ofpremrses:
6.16. CONTRACTOR shall confine construction
equipment, the storage of materials and equipment and the
operations of workers to the site and land and areas
identified in and permitted by the Contract Documents, and
other land and areas permitted by Laws and Regulations,
rights -of -way, permits and easements, and shall not
unreasonably encumber the premises with construction
equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any
damage to any such land or area, or to the owner or
occupant thereof or of any adjacent land or areas, resulting
from the performance of the Work. Should any claim be
made by any such owner or occupant because of the
performance of the Work, CONTRACTOR shall promptly
settle with such other party by negotiation or otherwise
resolve the claim by arbitration or other dispute resolution
proceeding or at law. CONTRACTOR shall, to the fullest
extent permitted by Laws and Regulations, indemnify and
hold harmless OWNER, ENGINEER, ENGINEER's
Consultant and anyone directly or indirectly employed by
any of them from and against all claims, costs, losses and
damages arising, out of or resulting from any claim or
action, legal of equitable, brought by any such owner or
occupant against OWNER, ENGINEER or any other party
indemnified hereunder to the extent caused by or based
uponCONTRACTOR's performance of the Work
6.17. During the progress of the Work; CONTRACTOR
shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the
Work. At the completion of the Work CONTRACTOR
shall remove all waste materials, rubbish and debris from
and about the premises as well as all tools, appliances,
construction equipment and machinery and surplus
materials. CONTRACTOR shall leave the site clean and
ready for occupancy by OWNER at Substantial
Completion of the Work. CONTRACTOR shall restore to
original condition all property not designated for alteration
by the Contract Docum ents.
6.18. CONTRACTOR shall not load nor permit any part
of any structure to be loaded in any manner that will
endanger the structure, nor shall CONTRACTOR subject
any part of the Work or adjacent property to stresses or
pressures that will endanger it.
Record Documents:
EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition)
V CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
6.19. CONTRACTOR shall maintain in a safe place at
the site one record copy of all Drawings, Specifications,
Addends, Written Amendments, Change Orders, Work
Change Directives, Field Orders and written
interpretations and clarifications (issued pursuant to
paragraph 9.4) in good order and annotated to show all
changes made during construction These record
documents together with all approved Samples and a
counterpart of all approved Shop Drawings will be
available to ENGINEER for reference. Upon completion
of the Work, and prior to release of final payment, these
record documents, Samples and Shop Drawings will be -
delivered to ENGINEER for OWNER.
Safety and Proteebon:
6.20. CONTRACTOR shall be responsible for
initiating, maintaining and supervising all safety
precautions and programs in cannestien wrth the Work.
CONTRACTOR shall take all necessary precautiorks for
the safety o[ and shall provide the necessary protection to
prevent damage, injury or loss to;
6.20.1. all parsons on the Work site or who may be
affected by the Work;
6.20.2. all the Work and materials and equipment to
be incorporated therein, whether in storage on or off
the site; and
6.20.3. other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities and Underground
Facilities not designated for removal, relocation or
replacement in the course of construction.
CONTRACTOR shall comply with all applicable Laws
and Regulations of any public body having jurisdiction for
safety of persons or property or to protect them from
damage, injury or lass; and shall erect and maintain all
necessary safeguards for such safety and protection.
CONTRACTOR shell notify owners of adjacent property
and of Underground Facilities and utility owners when
prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal, relocation
and replacement of their property. All damage, irrury or
loss to any property referred to in paragraphs 6.20.2 or
6.20.3 caused, directly or indirectly, in whole or in part, by
CONTRACTOR, any Subcontractor, Supplier or any
other person or organization directly or indirectly
employed by any of them to perform or furnish any of the
Work or anyone for whose acts any of them may be liable,
shall be remedied by CONTRACTOR (except damage or
loss attributable to the fault of Drawings or Specifications
or to the acts or omissions of OWNER or ENGINEER or
ENGINEER's Consultant or anyone employed by any of
them or anyone for whose acts any of them may be liable,
and not attributable, directly or indirectly, in whole or in
part, to the fault or negligence of CONTRACTOR or any
Subcontractor, Supplier or other person or organization
directly or indirectly employed by any of them).
CONTRACTOR's duties and responsibilities for the safety
and protection of the Work shall continue until such time
as all the Work is completed and ENGINEER has issued a
15
Notice to OWNER and CONTRACTOR in accordance
with paragraph 14.13 that the Work is acceptable (except as
otherwise expressly provided in connection with
Substantial Completion).
6.21. Safety Representative. -
CONTRACTOR shall designate a qualified and
experienced safety representative at the site whose duties
and responsibilities shall be the prevention of accidents and
the maintaining and supervising of safety precautions and
programs.
Hazard Communication Programs:
6.22. CONTRACTOR shall be responsible for
coordinating any exchange of material safety data sheets or
other hazard communication information required to be
made available to or exchanged between or among
employers at the site in accordance with Laws or
Regulations.
Emergencies:
6,23. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto, CONTRACTOR, without special instruction or
authorization from OWNER or ENGINEER, is obligated to
act to prevent threatened damage. injury or loss.
CONTRACTOR shall give ENGINEER prompt written
notice if CONTRACTOR believes that any significant
changes in the Work or variations from the Contract
Documents have been caused thereby. If ENGINEER
determines that a change in the Contract Documents is
required because of the action taken by CONTRACTOR in
response to such an emergency, a Work Change Directive
or Change Order will be issued to document the
consequences of such action
6.24. Shop Drawings and Samples.•
6.24.1. CONTRACTOR shall submit Shop Drawings
to ENGINEER for review and approval in accordance
with the accepted schedule of Shop Drawings and
Sample submittals (see paragraph 2.9). All submittals
will be identified as ENGINEER may require and in
the number of copies specified in the General
Requirements. The data shown on the Shop Drawings
will be complete with respect to quantities,
dimensions; Specified performance and design criteria,
materials and similar data to show ENGINEER the
materials and equipment CONTRACTOR proposes to
provide and to enable ENGINEER to review the
information for the limited purposes required by
paragraph 6.26.
6.24.2. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance
with said accepted schedule of Shop Drawings and
Sample submittals. Each Sample will be identified
clearly as to material, Supplier, pertinent data such as
catalog numbers and the use for which intended and
otherwise as ENGINEER may require to enable
ENGINEER to review the submittal for the limited
16 E]CDC GENERAL CONDITIONS 19104 (1990 Edition)
wJ CITY OF FORT COLLINS MODIFICATIONS (REV 4J2000)
purposes required by paragraph 6.26. The numbers.
of each Sample to be submitted will be as specified in
the Specifications.
6.25. Submittal Procedures:
6.25.1. Before submitting each Shop Drawing or
Sample, CONTRACTOR shall have determined and
verified:
6.25.1.1. 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 intended
use, fabrication, shippiog, handling, storage
assembly and installation pertaining to the
performance of the Work, and
6.25.1.3. all information relative to
CONTRACTOR's solo responsibilities in respect
of means, methods, techniques, sequences and
procedures of construction and safety precautions
and programs incident thereto.
CONTRACTOR shall also have reviewed and
coordinated each Shop Drawing or Sample with other
Shop Drawings and Samples and with the
requirements of the Work and the Contract
Documents,
6.25.2. Each submittal will bear a stamp or specific
written indication that CONTRACTOR has satisfied
CONTRACTOR's obligations under the Contract
Documents with respect to CONTRACTOR's review
and -approval of that submittal.
6.25.3. At the time of each submission,
CONTRACTOR shall give ENGINEER specific
written notice of such variations, if any, that the Shop
Drawing or Sample submitted may have from the
requirements of the Contract Documents, such notice
to be in a written communication separate from the
submittal; and, in addition, shall cause a specific
notation to be made on each Shop Drawing and
Sample submitted to ENGINEER for review and
approval of each such variation
6.26. ENGINEER will review and approve Shop
Drawings and Samples in accordance with the schedule of
Shop Drawings and Sample submittals accepted by
ENGINEER as required by paragraph 2.9. ENGINEER's
review and approval will be only to determine if the items
covered by the submittals will, after installation or
incorporation in the Work, conform to the information
given in the Contract Documents and be compatible with
the design concept of the completed Project as a
functioning whole as indicated by the Contract
Documents. ENGINEER's review and approval will not
extend to means, methods, techniques, sequences or
procedures of construction (except where a particular
means, method, technique, sequence or procedure of
construction is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs
incident thereto, The review and approval of a separate
item as such will not indicate approval of the assembly in
which the item functions. CONTRACTOR shall make
corrections required by ENGINEER, and shall return the
required number of corrected copies of Shop Drawings and
submit as required new Samples for review and approval.
CONTRACTOR shall direct specific attention in writing to
revisions other than the corrections called for by
ENGINEER on previous submittals.
6.27. ENGINEER's review and approval of Shop
Drawings or Samples shall not relieve CONTRACTOR
from responsibility for any variation from the requirements
of the Cent -ad Documents unless CONTRACTOR has in
writing called ENGINEER's attention to each such
variation at the time of submission as required by
paragraph 6.25.3 and ENGINEER has given written
approval of each such variation by a specific written
notation thereof incorporated in or accompanying the Shop
Drawing or Sample approval; nor will any approval by
ENGINEER relieve CONTRACTOR from responsibility
for complying with the requirements of paragraph 6.25.1.
6.28. Where a Shop Drawing or Sample is required by
the Contract Documents or the schedule of Shop Drawing
and Sample submissions accepted by ENGINEER as
required by ppaaragraph2.9, any related Work performed
prior to ENGINEER's review and approval of the pertinent
submittal will be at the sole expense and responsibility of
CONTRACTOR
Continuingthe Work.
6.29. CONTRACTOR shall carry on the Work and
adhere to the progress schedule during all disputes or
disagreements with OWNER No Work shall be delayed or
postponed pending resolution of any disputes or
disagreements, except as permitted by paragraph 15.5 or as
OWNER and CONTRACTOR may otherwise agree in
writing.
6.30. CONTRACTOR's General Warranty and
Guarantee:
6.30.1. CONTRACTOR warrants and guarantees to
OWNER, ENGINEER and ENGINEER's Consultants
that all Work will be in accordance with the Contract
Documents and will not be defective.
CONTRACTOR's warranty and guarantee hereunder
excludes defects or damage caused by:
6.30.1.1. abuse, modification or improper
maintenance or operation by persons other than
CONTRACTOR, Subcontractors or Suppliers; or
6.30.1.2. normal wear and tear under normal
usage.
6.30.2. CONTRACTOR's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following
will constitute an acceptance of Work that is not in
EICDC GENERAL CONDITIONS 1910-8 (1990 E(btim)
w/CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
accordance with the Contract Documents or a release
of CONTRACTOR's obligation to perform the Work
in accordance with the Contract Documents:
6.30.2.1. observations by ENGINEER;
6.30.2.2. recommendation of any progress or
final payment by ENGINEER;
6.30.23. the issuance of a certificate of
Substantial Completion or any payment by
OWNER to CONTRACTOR under the Contract
Documents;
6.30.2.4. use or occupancy of the Work or any
part thereof by OWNER;
6.30.2.5. any acceptance by OWNER or any
failure to do s%
6.30.2.6. any review and approval of a Shop
Drawing or Sample submittal or the issuance of a
notice of acceptability by ENGINEER pursuant
to paragraph 14.13;
6.30.2.7. any inspection, test or approval by
others; or
6.30.2.8. any correction of defective Work by
OWNER
Indemnification:
6.31. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGiNEER's
Consultants and the officers, directors, employees, agents
and other consultants of each and any of them from and
against all claims, costs, losses and damages (including,
but not limited to, all fees and charges of engineers,
architects, attorneys and other professionals and all court
or arbitration or other dispute resolution casts) caused by,
arising out of or resulting from the performance of the
Work, provided that any such claim, cost, loss or damage:
(i) is attributable to bodily irgury, sickness, disease or
death, or to injury to or destruction of tangible property
(other than the Work itself), including the loss of use
resulting therefrom, and (ii) is caused in whole or in part
by any negligent act or omission of CONTRACTOR any
Subcontractor, any Supplier, any person or organization
directly or indirectly employed by any of them to perform
or furnish any of the Work or anyone for whose acts any
of them may be liable, regardless of whether or not caused
in part by any negligence or omission of a person or entity
indemnified hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations
regardless of the negligence of any such person or entity.
6.32. In any and all claims against OWNER or
ENGINEER or any of their respective consultants, agents,
officers, directors or employees by any employee (or the
survivor or personal representative of such employee) of
CONTRACTOR, any Subcontractor, any Supplier, any
person or organization directly or indirectly employed by
M
any of them to perform or £umiak any of the Work or
anyone for whose acts any of them may be liable, . the
indemnification obligation under paragraph 6.31 shall not
be limited in any way by any limitation on the amount or
type of damages, compensation or benefits payable by or
for CONTRACTOR or any such Subcontractor, Supplier or
other person or organization under workers' compensation
acts, disability benefit acts or other employee benefit acts.
6.33. The indemnification Obligations of
CONTRACTOR under paragraph 6.31 shall not extend to
the liability of ENGINEER and ENGINEER's Consultants,
officers, directors, employees or agents caused by the
professional negligence, errors or omissions of any of them.
Survival of Obligations:
6.34. All representations, indemnifications, warranties
and guarantees made in, required by or given in accordance
with the Contract Documents, as well as all contmiumg
obligations indicated in the Contract Documents, will
survive foal payment, completion and acceptance of the
Work and termination or completion of the Agreement.
ARTICLE 7--OTHER WORK
Related Rork at Site:
7.1. OWNER may perform other work related to the
Project at the site by OWNERS awn forces, or let other
direct contracts therefor which shall contain General
Conditions similar to these, or have other work performed
by utility owners. If the fact that such other work is to be
performed was not noted in the Contract Documents, then:
(i) written notice thereof will be given to CONTRACTOR
prior to starting any such other work and
(n)CONTRACTOR may make a claim therefor as
provided in Articles l 1 and 12 if CONTRACTOR believes
that such performance will involve additional expense to
CONTRACTOR or requires additional time and the parties
are unable to agree as to the amount or extend thereof.
7.2. CONTRACTOR shall afford each other contractor
who is a party to such a direct contract and each utility
owner (and OWNER, if OWNER is performing the
additional work with OWNER's employees) proper and
safe access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and
the execution of such other work and shall properly connect
and coordinate the Work with theirs. Unless otherwise
provided in the Contract Documents, CONTRACTOR
shall do all cutting fitting and patching of the Work that
may be required to make its several parts cone together
properly and integrate with such other work.
CONTRACTOR shall not endanger any work of others by
cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of
ENGINEER and the others whose work will be affected.
The duties and responsibilities of CONTRACTOR under
this paragraph are for the benefit of such utility owners and
other contractors to the extent that there are comparable
p $ EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
provisions for the benefit of CONTRACTOR in said
direct contracts between OWNER and such utility owners.
and other contractors.
7.3. If the proper execution or results of any part of
CONTRACTOR's Work depends upon work performed
by others under this Article 7, CONTRACTOR shall
inspect such other work and promptly report to
ENGINEER in writing any delays, defects or deficiencies
in such other work that render it unavailable or unsuitable
for the proper execution and results of CONTRACTOR',
Work. CONTRACTOR's failure so to report will
constitute an acceptance of such other work as fit and
proper for integration with CONTRACTOR's Work
except for latent or nonapparent defects and deficiencies
in such other work.
Coordination:
7.4. If OWNER contacts with others for the
performance of other work on the project at the site; the
following will be set forth in Supplementary Conditions:
7.4.1. the person, fart or corporation who will have
authority and responsibility for coordination of the
activities among the various prime contractors will be
identified;
7.4.2. the specific matters to be covered by such
authority and responsibility will be itemized; and
7.4.3. the extent of such authority and
responsibilities will be provided.
Unless otherwise provided in the Supplementary
Conditions, OWNER shall have sole authority and
responsibility in respect of such coordination.
ARTICLE 8--OWNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General
Conditions, OWNER shall issue all communications to
CONTRACTOR throughENGINEER.
8.2. In case of termination of the employment of
ENGINEER, OWNER shall appoint an engineer agairA
whose status under the Contract Documents shall be that
of the former ENGINEER
8.3. OWNER shall furnish the data required of
OWNER under the Contract Documents promptly and
shall make payments to CONTRACTOR promptly when
they are due as provided in paragraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands
and easements and providing engineering surveys to
establish reference points are set forth in paragraphs 4.1
and 4.4. Paragraph4.2 refers to OWNER's identifying
and making available to CONTRACTOR copies of
reports of explorations and tests of subsurface conditions
at the site and drawings of physical conditions in existing
structures aI or contiguous to the site that have been utilized
by ENGINEER in preparing the Contract Documents.
and. faadistfliflifig liability and PFe.
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
8.7. OWNERS responsibility in respect of certain
inspections, tests and approvals is set forth in
paragraph 13.4.
8.8. In connection with OWNER's no to stop Work or
suspend Work, see paragraphs 13.10 and 15.1.
Paragraph 15.2 deals with OWNER's right to terminate
services of CONTRACTOR under certain circumstances.
8.9. The OWNER shall not supervise, direct or have
control or authority over, nor be responsible for,
CONTRACTORS means; methods, techniques, sequences
or procedures of construction or the safety precautions and
programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws, and Regulations
applicable to the furnishing of performance of the Work.
OWNER will not be responsible for CONTRACTOR's
failure to perform or furnish the Work in accordance with
the Contract Documents.
-
'_._ . Y •_Sir_ �T._l �.. _ _ _ _ _ _
I. I I.:
-
ARTICLE 9—ENGINEER'S STATUS DURING
CONSTRUCTION
OTVNER's Representative:
9.1. ENGINEER will be OWNER's representative
during the construction period. The duties and
responsibilities and the limitations of authority of
ENGINEER as OWNER's representative during
construction are set forth in the Contract Documents and
shall not be extended without written consent of OWNER
and ENGINEER.
1 isits to Site:
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction as
ENGINEER deems necessary in order to observe as an
experienced and qualified design professional the progress
EJCDC GENERAL CONDITIONS I910-8 (1990 Edtim)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4I2000)
that has been made and the quality of the various aspects
of CONTRACTOWs executed Work. Based on
information obtained during such visits and observations,
ENGINEER will endeavor for the benefit of OWNER to
determine, in general, if the Work is proceeding in
accordance with the Contract Documents. ENGINEER
will not be,required to make exhaustive or continuous on -
site inspections to check the quality or quantity of the
Work. ENGINEERS efforts will be directed toward
providing for OWNER a greater degree of confidence that
the completed Work will conform generally to the
Contract Documents. On the basis of such visits and on -
site observations, ENGINEER will keep OWNER
informed of the progress of the Work and will endeavor to
guard OWNER against defective Work ENGINEER's
visits and on -site observations are subject to all the
limitations on ENGINEERSs authority and responsibility
set forth in paragraph 9.13, and particularly, but without
limitation; during or as a result of ENGINEERS on -site
visits or observations of CONTRACTOR's Work
ENGINEER will not supervise, direct, control or have
authority over or be responsible for CONTRACTOR's
means, methods, techniques, sequences or procedures of
construction, or the safety precautions and programs
incident thereto, or for any failure of CONTRACTOR to
comply with Laws and Regulations applicable to the
furnishing or performance of the Work.
Project Representative:
9.3. If OWNER and ENGINEER agree, ENGINEER
will furnish a Resident Project Representative to assist
ENGINEER in providing more continuous observation of
the Work. The responsibilities and authority and
limitations thereon of any such Resident Project
Representative and assistants will be as provided in
paragraphs 9:l and 9.13 and in dw SuMlementwy
Genditiens of these General Conditions. If OWNER
designates another representative or agent to represent
OWNER at the site who is not ENGiNEERSs Consultant,
agent or employee, the responsibilities and authority and
limitations thereon of such other person will be as
orovided in the Suvelemawkwy Gendifie naramuh 9.3
9.3.1. The Representative's dealings in matters
pertainin¢ to the on -site work will, in general, be with
the ENGINEER and CONTRACTOR But the
13epreseNstive will keep the OWNER properly
advised about such matters. The Reoresentative's
dealings with subcontractors will only be through or
with the full knowledge and approval of the
CONTRACTOR.
9.3.2. Duties and Responsibilities. Representative
will:
9.3.2.1, Schedules - Review the prong ess
19
schedule and other schedules prepared by the
CONTRACTOR and consult with the
ENGINEER comanintr acceotability.
9.3.2.2. Conferences and Meeting - Attend
mwith the CONTRACTOR such as
I reconstruetion conferences, prWess meetings
and other nob conferences and prepare and
circulate copies of minutes of meetings.
9.3.2.3. Liaison
9.3.2.3.1. Serve as ENGINEER'S liaison
with CONTRACTOR, working principally
through CONTRACTOR'S superintendent to
assist the CONTRACTOR in understanding
the Contract Documents.
9 32 3 2 Assist in obtaipma from OWNER
additional details or infinnIguom when
rewired for proper execution of the Work.
93.2.33. Advise the ENGINEER and
CONTRACTOR of the commencement of
any Work requiring Drawinga
sample submission if the submission has not
been approved by the ENGINEER
9 3.2.4 Review of Work. Rejection of Defective
Work, Inspections and Tests -
9.3.2.4.1. Conduct on4te observations of
the Work in progress to assist the ENGINEER
In
determining that the Work is proceeding in
accordance with the Contract Documents.
9.3.2.4.3. Accompany visiting�mspW rs
representing public or other agencies having
mnsdiction over the Project, record the results
of these inspections andd report to the
ENGINEER.
9.3.2.5. Interpretation of Contract
Documents. Report to ENGINEER when
clarifications and interpretations of the Contract
Documents are needed and transmit to
CONTRACTOR clanfication and interpretation
of the Contract Documents as issued by the
ENGINEER
9.3.2.6. Modifications. Consider and
evaluate CONTRACTOR'S suggestions for
20 E]CDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
modification in Drawings or Specifications and
report these recommendations to ENGINEER
Aceurale transmit to CONTRACTOR
decisions issued by the ENGINEER
9.3.23. Records.
9.3.2.8. Reports.
9.3..2.8.1. Furnish ENGINEER rpe iodic
reports as regtrred of the mess diet
1cak and of the CONTRACTOR'S
M2 ban" with the ogress schedule and
sche ee ora
wma and sample
ail 1
9.3.2.8.2, Consult with ENGINEER in
advance of scho
m�or
ections or start of important o ses of the
Work.
9.3.2.8.3. Draft proposed Change Orders
and Work Directive Changes. obtaining
backup material from the CONTRACTOR
and recommend to ENGINEER Change
Orders. Work Directive Changes and field
orders
9.3.2.8.4. Report immediately to
ENGINEER and OWNER the occurrence of
any accident.
9.3.29. Payment Requests. Review Wplica .am
Eorpayment with CONTRACTOR for compliance
with the established procedure for their
submission and forward with recommendation to
ENGINEER noting particularly the relationship of
the payment requested to the schedule of values,
work completed and materials and equipment
delivered at the site but not incorporated in the
Work.
9.3.2.10. Completion
93.2.10.1. Before ENGINEER issues a
Certificate of Substantial Completion submit
to CONTRACTOR a list of observed items
requiring correction or completion
9.3.2.10.2. Conduct final inspection in the
Meomrw of the ENGINEER OWNER and
CONTRACTOR and rpal�rre a final list of
items to be corrected or completed.
9.12.10.3. Observe that all items on the
final list have been corrected or oom leted andleted and
matte recommendations to ENGINEER
oncernv�acceptance
9.3.3. Limitation of Authority: The Representative shall
not:
9.3.3.1. Authorize any deviations from the
Contract Documents or accept any substitute
materials or equipment. unless authorized by the
ENGINEER.
9.3.3.2. Exceed limitations of ENGINEER'S
authoritys s aet forth m the Contract Documents.
9.3.3.3. Undertake any of the responsibilities
of the CONTRACTOR Subcontractors or
CONTRACTOR'S superintendent.
9.3.3.4. Advise on or issue directions relativ
to, or assume control over any aspect of the
means, methods, techniques. sequences or
procedures for construction unless such is
specifically called for in the Contract Documents.
9.3.3.5. Advise on or issue directions
regard is or assume control over safety
precautions and programs in connections with the
Work.
9.3.3.6. Accept Shop Drawings or sample
submittals from anyone other than the
CONTRACTOR
9.3.3.7. Authorize OWNER to occupy the
Wok in whole or in part.
9.3.3.8. Participate in specialized field or
laboratory tests or inspections conducted by others
except as specifically authorized by the
ENGINEER
Clarifications and Interpretations:
9.4. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the
EJCDC GENERAL CONDITIONS 1910-8 (1990 Editim)
w/CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
requirements of the Contract Documents (in the form of
Drawings or otherwise) as ENGINEER may determine
necessary, which shall be consistent with the intent of and
reasonably inferable from the Contract Documents. Such
written clarifications and interpretations will be binding on
OWNER and CONTRACTOR If 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 , OWNER or
CONTRACTOR may make a written claim therefor as
provided in Article 11 or Article 12.
Authorized Variations in Work:
9.5. ENGINEER may authorize minor variations in
the Work from the requirements of the Contract
Documents which do not involve an adjustment in the
Contract Price a the Contract Times and are compatible
with the dot concept of the oompleted Project as a
functioning whole as indicated by the Contract
Documents. These maybe accomplished by a Field Order
and will be binding on OWNER and also on
CONTRACTOR who shall perform the Work involved
promptly. If OWNER or CONTRACTOR believes that a
Field Order justifies an adjustment in the Contract price or
the Contract Times and the parties are unable to agree as
to the amount or extent thereof OWNER or
CONTRACTOR may make a written claim therefor as
provided in Article 11 or 12.
Rejecting Defective Work:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective,
or that ENGINEER believes will not produce a completed
Project that conforms to the Contract Documents or that
will prejudice the integrity of the design concept of the
completed Project as a functioning whole as indicated by
the Contrail Documents. ENGINEER will also have
authority to require special inspection or testing of the
Work as provided in paragraph 13.9, whether or not the
Work is fabricated, installed or completed
Shop Drawings, Change Orders and Payments
9.7. In connection with ENGINEER's authority as to
Shop Drawings and Samples, see paragraphs 6.24 through
6.28 inclusive.
9.8.. In connection with ENGINEER's authority as to
Change Orders, see Articles 10, 11, and 12.
9.9. In connection with ENGINEER's authority as to
Applications for payment, see Article 14.
Determinations for Unit Prices
9.10. ENGINEER will determine the actual quantities
and classifications of Unit Price Work performed by
CONTRACTOR. ENGINEER will review with
CONTRACTOR the ENGINEER's preliminary
determinations on such matters before rendering a written
decision thereon (by recommendation of an Application
21
for Payment or otherwise). ENGINEER'S written decision
thereon will be final and binding upon OWNER and
CONTRACTOR, unless, within ten days after the date of
any such decision, either OWNER or CONTRACTOR
delivers to the other and to ENGINEER written notice of
intention to appeal from ENGINEER's decision and: (i) an
appeal from ENGINEERS decision is taken within the time
limits and in accordance with the procedures set forth in
Exhibit GC -A, "Dispute Resolution Agreement", entered
into between OWNER and CONTRACTOR pursuant to
Article 16, or (ii) if no such Dispute Resolution Agreement
has been entered into, a formal proceeding is instituted by
the appealing party in a forum of competent jurisdiction to
exercise such rights or remedies as the appealing party may
have with respect to ENGINEER's decision, unless
otherwise agreed in writing by OWNER and
CONTRACTOR Such appeal will not be subject to the
procedures of paragraph 9.11.
Decisions on Disputes:
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work or
the interpretation of the requirements of the Contract
Documents pertaining to the performance and furnishing of
the Work and claims under Articles 11 and 12 in respect of
changes in the Contract Price or Contract Times will be
referred initially to ENGINEER in writing with a request
for a formal decision in accordance with this paragraph
Written notice of each such claim, dispute or other matter
will be delivered by the claamant to ENGINEER and the
other party to the Agreement promptly (but in no event
later than thirty days) after the startof the occurrence or
event giving rise thereto, and written supporting data will
be submitted to ENGINEER and the other patty within
sixty days after the start of such occurrence or event unless
ENGINEER allows an additional period of time for the
submission of additional or more accurate data in support
of such claim, dispute or other matter. The opposing party
shall submit any response to ENGINEER and the claimant
within thirty days after receipt of the claimant's last
submittal (unless ENGINEER allows additional time).
ENGINEER will render a formal decision in writing within
thirty days slier receipt of the opposing party's submittal, if
any, in accordance with this paragraph ENGINEER'S
written decision on such clam, dispute or other matter will
be final and bii� upon OWNER and CONTRACTOR
unless: (i) an a from ENGINEER's decision is taken
within the time limits and in accordance with the
procedures set forth in EXHIBIT GC -A, "Dispute
Resolution Agreement", entered into between OWNER and
CONTRACTOR pursuant to Article 16, or (ii) if no such
Dispute Resolution Agreement has been entered into, a
written notice of intention to appeal from ENGINEER'S
written decision is delivered by OWNER or
CONTRACTOR to the other and to ENGINEER within
thirty days after the date of such decision and a formal
proceeding is instituted by the appealing party in a forum of
competent jurisdiction to exercise such rights or remedies
as the appealing party may have with respect to such claim,
dispute or other matter in accordance with applicable Laws
and Regulations within sixty days of the date of such
22 E1CDC GENERAL CONDITIONS 1910.8 (1990 Ed tion)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
decision, unless otherwise agreed in writing by OWNER
and CONTRACTOR
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11, ENGINEER will not show
partiality to OWNER or CONTRACTOR and will not be
liable in connection with any interpretation or decision
rendered in good faith in such capacity. The rendering of
a decision by ENGINEER pursuant to paragraphs 9.10 or
9.11 with respect to any such claim, dispute or other
matter (except any which have been waived by the making
or acceptance of final payment as provided in
paragraph 14.15) will be a condition precedent to any
exercise by OWNER or CONTRACTOR of such rights or
remedies as either may otherwise have under the Contract
Documents or by Laws or Regulations in respect of any
such claim, dispute or other matter -per Rrtiels 16.
9A3. Limitations on ENGINF.ER's Authority and
Responsibilities:
9.13.1. Neither ENGINEER's authority or
responsibility under this Article 9 or under airy other
provision of the Contract Documents nor any decision
made by ENGINEER in good faith either to exercise
or not exercise such authority or responsibility or the
undertaking exercise or performance of any authority
or responsibility by ENGINEER shall create, impose
or give rise to any duty owed by ENGINEER to
CONTRACTOR, any Subcontractor, any Supplier,
any other person or organization, or to any surety for
or employee or agent of any of them.
9.13.2. ENGINEER will not supervise, direct,
control or have authority over or be responsible for
CONTRACTOR'S means, methods, techniques,
sequences or procedures of construction, or the safety
Precautions and programs incident thereto, or for any
failure of CONTRACTOR to comply with Laws and
Regulations applicable to the furnishing or
performance of the Work. ENGINEER will not be
responsible for CONTRACTOR's failure to perform
or furnish the Work in accordance with the Contract
Documents.
9.13.3. ENGINEER will not be responsible for the
acts or omissions of CONTRACTOR or of any
Subcontractor, any Supplier, or of any other person or
organization performing or furnishing any of the
Work
9.13.4. ENGINEER's review of the final Application
for Payment and accompanying documentation and
all maintenance d operating instructions, schedules,
guarantees, Bonds and certificates of inspection, tests
and approvals and other documentation required to be
delivered by paragraph 14.12 will only be to
determine generally that their content complies with
the requirements of, and in the case of certificates of
inspections, tests and approvals that the results
certified indicate compliance with, the Contract
Documents.
9.13.5. The limitations upon authority and
responsibility set forth in this paragraph 9.13 shall also
apply to ENGINEER's Consultants, Resident Project
Representative and assistants.
ARTICLE 10—CHANGES IN THE WORK
10.1. Without invalidating the Agreement and without
notice to any surety, OWNER may, at any time or from
time to time, order additions, deletions or revisions in the
Work. Such additions, deletions or revisions will be
authorized by a Written Amendment, a Change Order, or a
Work Change Directive. Upon receipt of any such
document, CONTRACTOR shall promptly proceed with
the Work involved which will be performed under the
applicable conditions of the Contract Documents (except as
otherwise specifically provided).
10.2. If OWNER and CONTRACTOR are unable to
agree as to the extent, if any, of an adjustment in the
Contract Price or an adjustment of the Contract Times that
should be allowed as a result of a Work Change Directive,
a claim may be made therefor as provided in Article 11 or
Article 12.
10.3. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Times
with respect to any Work performed that is not required by
the Contract Documents as amended, modified and
supplemented as provided in paragraphs 3.5 and 3.6, except
in the case of an emergency as provided in paragraph6.23
or in the case of uncovering Work as provided in
paragraph 13.9.
10.4. OWNER and CONTRACTOR shall execute
appropriate Change Orders recommended by ENGINEER
(or Written Amendments) covering:
10.4.1. changes in the Work which are (i) ordered
by OWNER pursuant to paragraph 10.1, (ii) required_
because of acceptance of ddeeffeective Work under
paragraph 13.13 or correcting defective Work under
paragraph 13.14, or (ii) agreed to by the parties;
10.4.2. changes in the Contract Price or Contract
Times which are agreed to by the parties; and
10.4.3. changes in the Contract Price or Contract
Times which embody the substance of any written
decision rendered by ENGINEER pursuant to
paragraph 9.11;
provided that, in lieu of executing any such Change Order,
an appeal may be taken from any such decision in
accordance with the provisions of the Contract Documents
and applicable Laws and Regulations, but during any such
appeal, CONTRACTOR shall carry on the Work and
adhere to the progress schedule as provided in
paragraph 6.29.
10.5. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
EJCDC GENERAL CONDIITONS 1910-8 (1990 Ed tiro)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
(including, but not limited to, Contract price or Contract
Times) is required by the provisions of any Bond to be
given to a surety, the giving of any such notice will be
CONTRACTOR's responsibility, and the amount of each
applicable Bond will be adjusted accordingly.
ARTICLE 11—CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total
compensation (subject to authorized adjustments) payable
to CONTRACTOR for performing the Work. All duties,
responsibilities and obligations assigned to or undertaken
by CONTRACTOR t be at CONTRACTOR's expense
without change in the Contract Price.
11.2. The Contract Price may only be changed by a
Change Order or by a Written Amendment Any claim
for an adjustment in the Contract Price steal] be based on
written notice delivered by the party making the claim to
the other party and to ENGINEER promptly (but in no
event later than thirty days) after the start of the
occurrence or event giving rise to the claim and stating the
general nature of the claim. Notice of the amount of the
claim with supporting data shall be delivered within sixty
days after the start of such occurrence or event (unless
ENGINEER allows additional time for claimant to submit
additional or more accurate data in support of the claim)
and shall be accompanied by claimant's written statement
that the adjustment claimed covers all known amounts to
which the claimant is entitled as a result of said
occurrence or event. All claims for adjustment in the
Contract Price shall be determined by ENGINEER in
accordance with paragraph 9.11 if OWNER and
CONTRACTOR cannot otherwise agree on the amount
involved. No claim for an adjustment in the Contract
Price will be valid if not submitted in accordance with this
paragraph 11.2.
11.3. The value of any Work covered by a Change
Order or of any claim for an adjustment in the Contract
Price will be determined as follows:
11.3.1. where the Work involved is covered by unit
prices contained in the Contract Documents, by
application of such unit prices to the quantities of the
items involved (subject to the provisions of
23
SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the 27 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
ACC Roofing Incorporated (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 Old Sand/Salt
Building Roof: Provide all labor, materials and equipment to remove existing
roofing around scuppers and install OSB on parapet, 3" ISO and crickets fully
adhered, RPI .060 Mil. Fully adhered, pre -finished 24 gauge metal coping and
conductor heads, using existing downspouts in -filled as required, all per
plans dated 8/2/06 and per proposal September 25, 2006 and is generally
described on Drawing A1.2 Roof Plan. Contractor will provide a (2) two year
workmanship warranty, Manufacturer will provide a 15 year Labor & Materials
warranty and a 30 year Membrane and 100 MPH Wind Warranty.
ARTICLE 2. ENGINEER
The Project has been designed by Vaught Frye Architects, 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 thirty nine (39)
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 fifty four
(54)calendar days after the date when the Contract Times commence to run.
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:
($92,400), $Ninety Two Thousand Four Hundred Dollars, in accordance with
Section 00300, attached and incorporated herein by this reference.
9/12/01 Section 00520 Page 1
paragraphs 11.9.1 through 11.9.3, inclusive);
11.3.2. where the Work involved is not covered by
unit prices contained in the Contract Documents, by a
mutually agreed payment basis, including lump sum
(which may include an allowance for overhead and
profit not necessarily in accordance with
paragraph 11.6.2);
11.3.3. where the Work involved is not covered by unit
prices contained in the Contract Documents and
agreement to a lump sum is not reached under
paragraph 11.3.2, on the basis of the Cast of the Work
(determined as provided in paragraphs 11.4 and 11.5)
plus a CONTRACTOR's fee for overhead and profit
(determined as provided in paragraph 11.6).
Coat of the Work
11.4. The tern Cost of the Work means the slms of all
costs necessarily incurred and paid by CONTRACTOR in
the proper performance of the Work. Except as otherwise
may be agreed to in writing by OWNER, such costs shall
be in amounts no higher than those prevailing in the
locality of the Project, shall include only the following
items and shall not include any of the costs itemized in
paragraph 11.5:
11.4.1, Payroll costs for employees in the direct
employ of CONTRACTOR in the performance of the
Work under schedules of job classifications agreed
upon by OWNER and CONTRACTOR. Such
employees shall include without limitation
superintendents, foremen and other personnel
employed full-time at the site. Payroll costs for
employees not employed full-time on the Work shall
be apportioned on the bass of their time spent on the
Work. Payroll costs shall tenet belimited to;
salaries and wages plus the cost of fringe benefits
which shall include social security contribution-%
unemployment, excise and payroll taxes, workers'
compensation, health end rekrememt benefrts,�enuses;
sielt -1eav vaeatien wA+oh&y papplicable thereto.
The exp>aues of performingak after regular
working haws, on Saturday, Sunday or legal holidays,
shell be included in the above to the extent authorized
by OWNER.
11.4.2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field
services required in oonnection therewith All cash
discounts shall accrue to CONTRACTOR unless
OWNER deposits funds with CONTRACTOR with
which to make payments, in which case the cash
discounts shall accrue to OWNER. All trade
discounts, rebates and refunds and returns from sale of
surplus materials and equipment shall accrue to
OWNER, and CONTRACTOR shall make provisions
so that they may be obtained.
11.4.3. Payments made by CONTRACTOR to the
Subcontractors for Work performed or furnished by
Subcontractors. If required by OWNER,
EICDC GENERAL CONDITIQNS 1910-9 (1990 Ed dial)
24 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to OWNER and
CONTRACTOR and shall deliver such bids to
OWNER who will then determine, with the advice of
ENGINEER, which bids, if any, will be accepted. If
any subcontract provides that the Subcontractor is to
be paid on the basis of Cost of the Work plus a fee,
the Subcontractor's Cost of the Work and fee shall be
determined in the same manner as CONTRACTOR'S
Cost of the Work and fee as provided in
paragraphs l l.4, 11.5, 11.6 and 11.7. All
subcontracts shall be subject to the other provisions of
the Contract Documents insofar as applicable.
11.4.4. Costs of special consultants (including but
not limited to engineers, architects, t
laboratories, surveyors, attorneys and accountant
employed for services specifically related to the
Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary
transportation, travel and subsistence expenses of
CONTRACTOR'S employees incurred in
discharge of duties connected with the Work.
11.4.5.2. Cost, including transportation and
maintenance, of all materials, supplies,
equipment, machinery; appliances, office and
temporary facilities at the site and hand tools not
owned by the workers, which are consumed in the
performance of the Work, and cost less market
value of such items used but not consumed which
remain the property of CONTRACTOR
11.4.5:3. Rentals of all construction
equipment and machinery and the parts thereof
whether rented from CONTRACTOR or others in
accordance with rental agreements approved by
OWNER with the advice of ENGINEER, and the
costs of transportation, loading, unloading,
installation, dismantling and removal thereof' —all
in accordance with terms of said rental
agreements. The rental of any such equipment,
machinery or parts shall cease when the use
thereof is no longer necessary for the Work.
11.4.5.4. Sales, consumer, use or similar taxes
related to the Work, and for which
CONTRACTOR is liable, imposed by Laws and
Regulations.
11.4.5.5. Deposits lost for causes other than
negligence of CONTRACTOR, any
Subcontractor or anyone directly or indirectly
employed by any of them or for whose acts any
of them may be liable, and royalty payments and
fees for permits and licenses.
11.4.5.6. Losses and damages (and related
expenses) caused by damage to the Work, riot
compensated by insurance or otherwise, sustained
by CONTRACTOR in connection with the
performance and furnishing of the Work (except
losses and damages within the deductible amounts
of property insurance established by OWNER in
accordance with paragraph 5.9), provided they
have resulted from causes other than the
negligence of CONTRACTOR, any
Subcontractor,: or anyone directly or indirectly
employed by any of them or for whose acts any of
them may be liable. Such losses shall include
settlements made with the written consent and
approval of OWNER No such losses, damages
and expenses shall be included in the Cast of the
Work for the purpose of determining
CONTRACTOR'S fee. It; however, any such loss
or damage requires reconstruction and
CONTRACTOR is placed in charge thereof
CONTRACTOR shall be paid for services a fee
proportionate to that stated in paragraph 11.6.2.
11.4.5.7. The cost of utilities, fuel and sanitary
facilities at the site.
11.4.5.8. Minor expenses such as telegrams,
long distance telephone calls, telephone service at
the site, expressage and similar petty cash items in
connection with the Work.
11.4.5.9. Cost of premiums for additional Bonds
and insurance required because of changes in the
Wok.
I I.S. The term Cost of the Work shall not include any of
the following:
11.5.1. Payroll costs and other compensation of
CONTRACTOR's officers, executives, principals (of
partnership and sole proprietorships), general managers,
engineers, architects, estimators, attorneys, auditors,
accountants,, purchasing and contracting agents,
expediters, timekeepers, clerks and other personnel
employed by CONTRACTOR whether at the site or in
CONTRACTOR's principal or a branch office for
general administration of the Work and not specifically
included in the agreed upon schedule of job
classifications referred to in paragraph l l.4.1 or
specifically covered by paragraph 11.4.4—all of which
are to be considered administrative costs coveted by the
CONTRACTOR's fee.
11.52. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at
the site.
11.5.3. Any part of CONTRACTOR's capital
expenses, including interest on CONTRACTOR'S
capital employed for the Work and charges against
CONTRACTOR for delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required
by the Contract Documents to purchase and maintain
the same (except for the cost of premiums covered by
subparagraph 11.4.5.9 above).
EJCDC GENERAL CONDITIONS 1910-8 (1990 E(itim)
cal CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
11.5.5. Costs due to the negligence of
CONTRACTOR, any Subcontractor, or anyone
directly or indirectly employed by any of them or for
whose acts any of them may be liable, including but
not limited to, the correction of defective Work,
disposal of materials or equipment wrongly supplied
and making good any damage to property.
11.5.6. Other overhead or general expense costs of
any kind and the costs of any item not specifically and
expressly included in paragraph 11.4.
11.6. The CONTRACTOR'S fee allowed to
CONTRACTOR for overhead and profit shall be
determined as follows:
11.6.1. a mutually acceptable fixed fee; or
11.6.2. if a fixed fee is not agreed upon; then a fee
based on the following percentages of the various
portions of the Cost of the Work:
11.6.2.1. for costs incurred under
paragraphs 11.4.1 and 11.4.2, the
CONTRACTOR's fee shall be fifteen percent;
11.6.2.2. for costs incurred under
paragraph 11.4.3, the CONTRACTOR's fee shall
be five percent;
11.6.2.3. where one or more tiers of
subcontracts are on the basis of Cod of the Work
plus a fee and no fixed fee is agreed upon, the
intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and
11.6.2 is that the Subcontractor who actually
performs or furnishes the Work, at whatever tier,
will be paid a fee of fifteen percent of the costs
incurred by such Subcontractor under paragraphs
11.4.1 and 11.4.2 and that any higher tie
Subcontractor and CONTRACTOR will each be
paid a fee of five pewerA of the amen paid to
to be negotiated
in good faith with the OWNER but not to exceed
five =cent of the amount paid to the next lower
tier Subcontractor.
11.6.2.4. no fee shall be payable on the basis
of costs itemized under paragraphs 11.4.4, 11.4.5
and 11.5;
11.6.2.5. the amount of credit to be allowed
by CONTRACTOR to OWNER for any change
which results in a net decrease in cost will be the
amount of the actual net decrease in cost plus a
deduction in CONTRACTOR's fee by an amount
equal to five percent of such net decrease; and
11.6.2.6. when both additions and credits are
involved in any one change, the adjustment in
CONTRACTOR'S fee shall be computed on the
basis of the net change in accordance with
paragraphs 11.6.2.1 through 11.6.2.5, inclusive.
11.7. Whenever the cost of any Work is to be
25
determined pursuant to paragraphs 11.4 and 11.5,
CONTRACTOR will establish and maintain records
thereof in accordance with generally accepted accounting
practices and submit in form acceptable to ENGINEER an
itemized cost breakdown together with supporting data.
Cash Allowances.,
11.8. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered
to be furnished and performed for such sums as may be
acceptable to OWNER and ENGINEER. CONTRACTOR
agrees that:
11.8.1. the allowances include the cost to
CONTRACTOR (less any applicable trade discounts)
of materials and equipment required by the allowances
to be delivered at the and all applicable taxes; and
11.8.2. CONTRACTOR's costs for unloading; and
handling on the site, labor, installatiorrcosts, overhead,
profit and other expenses contemplated for the
allowances have been included in the Contract Price
and not in the allowances and no demand for
additional payment on account of any of the foregoing
will be valid.
Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect. actual
amounts due CONTRACTOR on account of Work covered
by allowances, and the Contract Price shall be
correspondingly adjusted.
11.9. Unit Price Work-
11.9.1. Where the Contract Documents provide that all
or part of the Work is to be Unit Price Wok, initially
the Contract. Price will be deemed to include for all
Unit Price Work an amount equal to the sum of the
established unit prices for each separately identified
item of Unit Price Wok times the estimated quantity
of each item as indicated in the Agreement. The
estimated quantities of items of Unit Price Wok are
not guaranteed and are solely for the purpose of
on comparisof Bids and determining an initial Contract
Price. Determinations of the actual quantities and
classifications of Unit Price Wok performed by
CONTRACTOR will be made by ENGINEER in
accordance with paragraph 9.10.
11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate
to cover CONTRACTOR'S overhead and profit for
each separately identified item.
11.9.3.OWNER or CONTRACTOR may make a
claim for an adjustment in the Contract Price in
accordance with Article 11 if:
11.9.3.1. the quantity of any item of Unit Price
Work performed by CONTRACTOR differs
materially and significantly from the estimated
quantity of such item indicated in the Agreement;
EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition)
26 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
and
11.9.3.2. there is no corresponding adjustment
with respect to any other item of Work; and
11.9.3.3. if CONTRACTOR believes that
CONTRACTOR is entitled to an increase in
Contract Price as a result of having incurred
additional expense or OWNER believes that
OWNER is entitled to a decrease in Contract Price
and the parties are unable to agree as to the
amount of any such increase or decrease.
11.9.3.4. CONTRACTOR acknowledaes that
the OWNER has theright to add or delete items in
the B'd or c e a rntities at OWNERS sole
discretion without emir the Contract Price of
ern remaining item so long as the deletion or
addition does not exceed twenty-five percent of
the pmmal total Contract Price.
ARTICLE 12--CHANGE OF CONTRACT TIMES
12.1. The Contract Times (or Milestones) may only be
changed by a Change Order or a Written Amendment.
Any claim for an adjustment of the Contract Times (or
Milestones) shall be based on written notice delivered by
the party making the claim to the other party and to
ENGINEER promptly (but in no event later than thirty
days) after the ocozmce of the event giving rise to the
claim and stating the general nature of the claim. Notice
of the extent of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows additional time to ascertain more
accurate data in support of the claim) 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 Contract Times (or Milestones) shall be determined by
ENGINEER in accordance with paragraph9.11 of
OWNER and CONTRACTOR cannot otherwise agree.
No claim for an adjustment in the Contract Tunes (or
Milestones) will be valid if not submitted in accordance
with the requirements of this paragraph 12.1.
12.2. All time limits stated in the Contract Documents
are of the essence of the Agreement.
12.3, Where CONTRACTOR is prevented from
completing any part of the Work within the Contract
Times (or Milestones) due to delay beyond the control of
CONTRACTOR, the Contract Times (or Milestones) will
be extended in an amount equal to time lost due to such
delay if a claim is made therefor as provided in
paragraph 12.1. Delays beyond the control of
CONTRACTOR shall include, but not be limited to, acts
or neglect by OWNER, acts or neglect of utility owners or
other contractors performing other work as contemplated
by Article 7, fires, floods, epidemics, abnormal weather
conditions or acts of God. Delays attributable to and
within the control of a Subcontractor or Supplier shall be
deemed to be delays within the control of CONTRACTOR.
12.4. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract Times
(or Milestones) due to delay beyond the control of both
OWNER and CONTRACTOR, an extension of the
Contract Times (or Milestones) in an amount equal to the
time lost due to such delay shall be CONTRACTOR's sole
and exclusive remedy for such delay. In no event shall
OWNER be liable to CONTRACTOR, any Subcontractor,
any Supplier, any other person or organization, or to any
surety for or employee or agent of any of them, for
damages arising out of or resulting from () delays caused
by or within the control of the CONTRACTOR, or
(ii) delays beyond the control of both parties including, but
not limited to, fires, floods, epidemics, abnormal weather
conditions, acts of God or acts or neglect by utility owners
or other contractors performing other work as contemplated
by Article 7.
ARTICLE 13--TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.1. Notice of Defects:
Prompt notice of all defective Work of which OWNER or
ENGINEER have actual knowledge will be given to
CONTRACTOR All defective Work may be rejected,
corrected or accepted as provided in this Article 13.
Access to Work:
13.2. OWNER, ENGINEER, ENGINEER'S Cosultantt%
other representatives and personnel of OWNER,
independent testing laboratories and govemmental.agencies
with jurisdictional interests will have access to the Work at
reasonable tetnes for their observation, inspecting and
testing. CONTRACTOR shall provide them proper and
safe conditions for such access and advise them of
CONTRACTOR's site safety procedures and programs so
that they may comply therewith as applicable.
Teats andlnApections.
13.3.. CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required inspections,
tests or approvals, and shall cooperate with inspection and
testing personnel to facilitate required inspections or tests.
13.4. OWNER shall employ and pay for the services of
an independent testing laboratory to perform all
inspections, tests, or approvals required by the Contract
Documents except:
13.4.1. for inspections, tests or approvals covered
by paragraph 13.5 below;
13.4.2. that costs incurred in connection with tests
or inspections conducted pursuant to paragraph 13.9
EICDC GENERAL CONDITIONS 1910-8 (1990 Ef itim)
wlCITY OF FORT COLLINS MODIFICATIONS (REV 412000)
below shall be paid as provided in said
paragraph 13.9; and
13.4.3. as otherwise specifically provided in the
Contract Documents.
13.5. If Laws or Regulations of arty public body having
jurisdiction require any Work (or part thereof) specifically
to be inspected, tested or approved by an employee or
other representative of sudr public body, CONTRACTOR
shall assume full responsibility for arranging and
obtaining such inspections, tests or approvals, pay all costs
in connection therewith, and furnish ENGINEER the
required certificates of inspection; or approval.
CONTRACTOR shall also be responsible for arranging
and obtaining and shall pay all costs in connection with
any inspections, tests or approvals required for OWNER's
and ENGINEER's acceptance of materials or equipment to
be incorporated in the Work, or of materials, mix designs,
or equipment submitted for approval prior to
CONTRACTOWs purchase thereof for incorporation in
the Work
13.6. If any Work (or the work of others) that is to be
inspected, tested or approved is covered by
CONTRACTOR without written concurrence of
ENGINEER, it must, if requested by ENGINEER, be
uncovered for observation.
13.7. Uncovering Work as provided in paragraph 13.6
shall be at CONTRACTOR'S expense unless
CONTRACTOR has given ENGINEER timely notice of
CONTRACTOR's intention to cower the same and
ENGINEER has not acted with reasonable promptness in
response to such notice.
Uncovering Work:
13.8. If any Work is covered contrary to the written
request of ENGINEER, it roust, if requested by
ENGINEER, be uncovered for ENGINEEWs observation
and replaced at CONTRACTOR's expense.
13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or
inspected or tested by others, CONTRACTOR, at
ENGINEER's request shall uncover, expose or otherwise
make available for observation, inspection or testing as
ENGINEER may require, that portion of the Work in
question, furnishing all necessary labor, material and
equipment If it is found that such Work is defective,
CONTRACTOR shall pay all claims, costs, losses and
damages caused by, arising out of or resulting fron such
uncovering, exposure, observation, inspection and testing
and of satisfactory replacement or reconstruction,
(including but not limited to all costs of repair or
replacement of work of others); and OWNER shall be
entitled to an appropriate decrease in the Contract Price,
and, if the parties are unable to agree as to the amount
thereof, may make a claim therefor as provided in
Article 11. If, however, such Work is not found to be
defective, CONTRACTOR shall be allowed an increase in
the Contract Price or an extension of the Contract Times
(or Milestones), or both, directly attributable to such
27
uncovering, exposure, observation, inspection, testing,
replacement and reconstruction; and, if die parties are
unable to agree as to the amount or extent thereof,
CONTRACTOR may make a claim therefor as provided in
Articles 11 and 12.
OWNER May Stop the Work:
13.10. If the Work is defective, or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment, or fails to furnish or perform the Work in such a
way that the completed Work will conform to the Contract
Documents, OWNER may order CONTRACTOR to stop
the Work, or any portion thereof, until the cause for such
order has been eliminated; however, this right of OWNER
to stop the Work shall not give rise to any duty on the part
of OWNER to exercise this right for the benefit of
CONTRACTOR or any surety or other party.
Correction or Removal ofDefeciive Work:
13.11. If required by ENGINEER, CONTRACTOR shall.
promptly, as directed, either correct all defective Work;
whether or not fabricated, installed or completed, or, if the
Work has been rejected by ENGINEER, remove it from the
site and replace it with Work that is not defective.
CONTRACTOR shall pay all claims, costs, losses and
damages caused by or resulting from such correction or
removal (including but not limited to all casts of repair or
replacement of work of others).
13.12. Correction Period:
13.12.1. If within em year two years after the date of
Substantial Completion or such longer period of time as
may be prescribed by Laws or Regulations or by the
terms of any applicable special guarantee required by
the Contract Documents or by any specific provision of
the Contract Documents any Work is found to be
defective, CONTRACTOR shall promptly; without cost
to OWNER and in accordance with OWNER's written
instructions: (i) correct such defective Work, or, if it has
been rejected by OWNER, remove it from the site and
replace it with Work that is not defective, and (ii)
satisfactorily correct or remove and replace any damage
to other Work or the work of dfrers resulting therefrom.
If CONTRACTOR does not promptly comply with the
terms of such instructions, or in an emergency where
delay would cause serious risk of loss or damage,
OWNER may have the defective Work corrected or the
rejected Work removed and replaced, and all claims,
costs, losses and damages caused or resulting from
such removal and replacement (iincluding but not
limited to all costs of repair or replacement of work of
others) will be paid by CONTRACTOR
13.12.2.In special circumstances where a particular
item of equipment is placed in continuous service
before Substantial Completion of all the Work, the
correction period for that item may start to nun from an
earlier date if so provided in the Specifications or by
Written Amendment.
13.12.3. Where defective Work (and damage to other
28 EICDCGENERAL CONDITIONS 1910-8(1MEditica)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
Work resulting therefrom) has been corrected,
removed or replaced under this paragraph 13.12, the
correction period hereunder with respect to such Work
will be extended for an additional period of arA year
two year after such correction or removal and
replacement has been satisfactorily completed.
Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal and
replacement of defective Work, OWNER (arid, prior to
ENGINEERS recommendation of final payment, also
ENGINEER) prefers to accept it, OWNER may do so.
CONTRACTOR shall pay all claims, costs, losses and
damages attributable to OWNERs evaluation of and
determination to accept such defective Work (such. costs to
be approved by ENGINEER as to reasonableness). If any
such acceptance occurs prior to ENGINEER's
recommendation of final payment, a Change Order will be
issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and
OWNER shall be entitled to an appropriate decrease in the
Contract price, and, if the parties are unable to agree as to
the amount thereof, OWNER may make a claim therefor
as provided in Article 11. If the acceptance occurs after
such recommendation, an appropriate amount will be paid
by CONTRACTOR to OWNER.
OWNER May Correct Defective Work:
13.14, If CONTRACTOR fails within a reasonable time
after written notice from ENGINEER to correct defective
Wok or to remove and replace rejected Work as required
by ENGINEER in accordance with paragraph 13.11, or if
CONTRACTOR fails to perform the Work in accordance
with the Contract Documents, or if CONTRACTOR fails
to comply with any other provision of the Contract
Documents, OWNER may, after seven daye written
notice to CONTRACTOR, correct and remedy any such
deficiency. In exercising the rights and remedies under
this paragraph OWNER shall proceed expeditiously. In
connection with such corrective and remedial action,
OWNER may exclude CONTRACTOR from all or part of
the site, take possession of all or part of the World,_ and
suspend CONTRACTOR's services related thereto, take
possession of CONTRACTOR's tools, appliances,
cohhcttuction equipment and machinery at the site and
incorporate in the Work all materials and equipment
stored at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER, OWNER'S
representatives, agents and employees, OWNER's other
contractors and ENGINEER and ENGINEER'S
Consultants access to the site to enable OWNER to
exercise the rights and remedies under this paragraph All
claims, costs, losses and damages incurred or sustained by
OWNER in exercising such rights and remedies will be
charged against CONTRACTOR and a Change Order will
be issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and
OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to
the amount thereof, OWNER may make a claim therefor
as provided in Article 11. Such claims, casts, losses and
damages will include but not be limited to all costs of
repair or replacement of work of others destroyed or
damaged by correction, removal or replacement of
CONTRACTOR's defective Work. CONTRACTOR shall
not be allowed an extension of the Contract Times (or
Milestones) because of any delay in performance of the
Work attributable to the exercise by OWNER of OWNER's
rights and remedies hereunder.
ARITCLE 14-PAYMENTS TO CONTRACTOR AND
COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments
and will be incorporated into a form of Application for
Payment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of
units completed.
Application for Progress Payment:
14.2. At least twenty days before the date established for
each progress payment (but not more often than once a
month), CONTRACTOR shall submit to ENGINEER for
review an Application for Payment filled out and signed by
CONTRACTOR covering the Work completed as of the
date of the Application and accompanied by such
supporting documentation as is required by the Contract
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 a�eed to in writing, the Application for Payment
shall also be accompanied by a bill of sale, invoice or other
documentation warranting that OWNER has received the
materials and equipment free and clear of all Liens and
evidence that the materials and equipment are covered by
appropriate property insurance and other arrangements to
protect OWNER's interest therein, all of which will be
satisfactory to OWNER. The amount of retat'nage with
respect to progress payments will be as stipulated in the
Agreement. Any funds that are eId b the OWNER
shall not be subiect to substitution by the CONTRACTOR
with securities or arty arrangements involvnnp, an escrow or
custodianshi . B execut the application for era
form the CONTRACTOR exvressly waives his ri t to the
benefits of Colorado Revised Statutes. Section 24-91-101,
et sea.
CONTRACTOR's Warranty of Title:
14.3. CONTRACTOR warrants and guaramees that title
to all Wok, materials and equipment covered by any
Application for Payment, whether incorporated in the
Project or not, will pass to OWNER no later than the time
of payment free and clear of all Liens.
Review ofApplieahons for Progress Payment
14.4. ENGINEER will, within ten days after receipt of
each Application for Payment, either indicate in writing a
EJCDC GENERAL CONDITIONS 1910-8 (1990 E(itim)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
recommendation of payment and present the Application
to OWNER, or return the Application to CONTRACTOR
indicating in writing ENGINEER's reasons for refusing to
recommend payment. In the latter case, CONTRACTOR
may make the necessary corrections and resubmit the
Application. Ten days after presentation of the
Application for Payment to OWNER with ENGINEER's
recommendation, the amount recommended will (subject
to the provisions of the last sentence of paragraph 14.7)
become due and when due will be paid by OWNER to
CONTRACTOR
14.5. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute a
representation by ENGINEER to OWNER, based on
ENGINEER's on -site observations of the executed Work.
as an experienced and qualified design professional and on
ENGINEF,.R's review of the Application for Payment and
the accompanying data and schedules, dig to the best of
ENGINEER's knowledge; information and belief,
14.5.1. the Work has progressed to the point
indicated,
14.5.2. the quality of the Work is generally in
accordance with the Contract Documents (subject to
an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion, to the results
of any subsequent tests called for in the Contract
Documents; to a final determination of quantities and
classifications for Unit Price Work under
paragraph 9.10, and to any other qualifications stated
in the recommendation), and
14.5.3. the conditions precedent to
CONTRACTOR's being entitled to such payment
appear to have been fulfilled insofar as it is
ENGINEER's responsibility to observe the Wok.
However, by recommending any such payment
ENGINEER will not thereby be deemed to have
represented that: (i) exhaustive or continuous on -site
inspections have been made to check the quality or the
quantity of the Work beyond the responsibilities
specifically assigned to ENGINEER in the Contract
Documents or (a) that there may not be other matters or
issues between the parties that might entitle
CONTRACTOR to be paid additionally by OWNER or
entitle OWNER to withhold payment to CONTRACTOR
14.6. ENGINEER's recommendation of any payment,
including final payment, shall not mean that ENGINEER
is responsible for CONTRACTOR's means, methods,
techniques, sequences or procedures of construction, or
the safety precautions and programs incident thereto, or
for any failure of CONTRACTOR to comply with Laws
and Regulations applicable to the famishing or
performance of Work, or for any failure of
CONTRACTOR to perform or furnish Work in
accordance with the Contract Documents.
14.7. ENGINEER may refuse to recommend the whole
or any part of any payment if, in ENGII ]EER's opinion, it
would be incorrect to make the representations to
29
OWNER referred to in paragraph 14.5. ENGINEER may
also refuse to recommend any such payment, or, because of
subsequently discovered evidence or the results of
subsequent inspections or tests, nullify any such payment
previously recommended, to such extent as may be
necessary in ENGINEERS opinion to protect OWNER
from loss because:
14.7.1. the Work is defecfive, or completed Work has
been damaged requiring correction or replacement,
14.7.2. the Contract Price has been reduced by
Written Amendment or Change Order,
14.7.3. OWNER has been required to correct
defective Work or complete Work in accordance with
paragraph 13.14, or
14.7.4. ENGINEER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 15.2.1 through 15.2.4 inclusive.
OWNER may refuse to make payment of the full amount
recommended by ENGINEER because:
14.7.5. claims have been made against OWNER on
account of CONTRACTOR's performance or funushing
of the Work,
14.7.6. Liens have been filed in connection with the
Work, except where CONTRACTOR has delivered a
specific Bond satisfactory to OWNER to secure the
satisfaction and discharge of such Liens,
14.7.7. there are other items entitling OWNER to a sd-
off against the amount recommended, or
14.7.8. OWNER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1
through 15.2.4 inclusive;
but OWNER must give CONTRACTOR immediate
written notice (with a copy to ENGINEER) stating the
reasons for such action and promptly pay CONTRACTOR
the amount so withheld. or any adjustment thereto agreed
to by OWNER and CONTRACTOR, when
CONTRACTOR corrects to OWNERS satisfaction the
reasons for such action
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall not,fy
OWNER and ENGINEER in writing that the entire Wok
is substantially complete (except for items specifically
listed by CONTRACTOR as incomplete) and request that
ENGINEER issue a certificate of Substantial Completion.
Within a reasonable time thereafter, OWNER,
CONTRACTOR and ENGINEER shall make an inspection
of the Work to determine the status of completion. If
ENGINEER does not consider the Work substantially
complete, ENGINEER will notify CONTRACTOR in
writing giving the reasons therefor. If ENGINEER
EKDC GENERAL CONDITIONS 1910-8 (1990 Edition)
30 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
considers the Work substantially complete, ENGINEER
will prepare and deliver to OWNER a tentative certificate
of Substantial Completion which shall fix the date of
Substantial Completion. There shall be attached to the
certificate a tentative list of items to be completed or
corrected. before final payment. OWNER shall have seven
days after receipt of the tentative certificate during which
to make written objection to ENGINEER as to any
provisions of the certificate or attached list. If, after
considering such objection, ENGINEER concludes that
the Work is not substantially complete, ENGINEER will
within fourteen days after submission of the tentative
certificate to OWNER notify CONTRACTOR in writing,
stating the reasons therefor. If, after consideration of
OWNER's objections, ENGINEER considers the Work
substantially complete, ENGINEER will within said
fourteen days execute and deliver to OWNER and
CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tentative list of items to be
completed or corrected) reflecting such charges from the
tentative certificate as ENGINEER believes justified after
consideration of any objections from OWNER. At the
time of delivery of the tentative certificate of Substantial
Completion ENGINEER will deliver to OWNER and
CONTRACTOR a written recommendation as to division
of responsibilities pending final payment between
OWNER and CONTRACTOR with respect to security,
operation, safety, maintenance, heat, utilities, insurance
and warranties and guarantees. Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform
ENGINEER in writing prior to ENGINEER's issuing the
definitive certificate of Substantial Completion,
ENGINEER's aforesaid recommendation will be binding
on OWNER and CONTRACTOR until final payment
14.9. OWNER shall have the right to exclude
CONTRACTOR from the Work after the date of
Substantial Completion, but OWNER shall allow
CONTRACTOR reasonable access to complete or correct
items on the tentative list
Partial Utifim ion:
14,10. Use by OWNER at OWNER's option of any
substantially completed part of the Work, which: (i) has
specifically been identified in the Contract Documents, or
(u) OWNER, ENGINEER and CONTRACTOR agree
constitutes a separately functioning and usable part of the
Work that can be used by OWNER for its intended
Purpose without ' significant interference with
CONTRACTOR's performance of the remainder of the
Work, may be accomplished prior to Substantial
Completion of all the Work subject to the following:
14.10.].OWNER at any time may request
CONTRACTOR in writing to permit OWNER to use
any such part of the Work which OWNER believes to
be ready for its intended use and substantially
complete. If CONTRACTOR agrees that such part of
the Work is substantially complete, CONTRACTOR
will certify to OWNER and ENGINEER that such
part of the Work is substantially complete and request
ENGINEER to issue a certificate of Substantial
Completion for that part of the Work.
CONTRACTOR at any time may notify OWNER and
ENGINEER in writing that CONTRACTOR considers
any such part of the Work ready for its intended use
and substantially complete and request ENGINEER to
issue a certificate of Substantial Completion for that
part of the Wok. Within a reasonable time after either
such request, OWNER, CONTRACTOR and
ENGINEER shall make an inspection of that part of
the Work to determine its status of completion. If
ENGINEER does not consider that part of the Work to
be substantially complete, ENGINEER will notify
OWNER and CONTRACTOR in writing giving the
reams therefor. If ENGINEER considers that part 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
the Work and the division of responsibility in respect
thereof and access thereto.
14.10.2. No occupancy or separate operation of part
of the Work will be accomplished prig to compliance
with the requirements of paragraph 5.15 in respect of
property insurance.
Final Inspection:
14,11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete,
ENGINEER will make a foal inspection with OWNER
yy and CONTRACTOR and will no000NTRACTOR in
writing of all particulars in which this inspection reveals
that the Work is incomplete or *fectrve. CONTRACTOR
shall immediately take such measures as are necessary to
complete such work or remedy such deficiencies.
Final Application for Payment:
14.12. After CONTRACTOR has completed all such
corrections toile satisfaction of ENGINEER and delivered
in accordance with the Contract Documents all
maintenance and operating instructions, schedules;
guarantees, Bonds, certificates or other evidence of
insurance required by paragraph 5.4, certificates of
inspection, marked -up record documents (as provided in
paragraph6.19) and other documents, CONTRACTOR
may make application for final payment following the
procedure for progress payments. The final Application for
payment shall be accompanied (except as previously
delivered) by: (i) all documentation called for in the
Contract Documents, including but not limited to the
evidence of insurance required by subparagraph5.4.13,
(ii) consent of the surety, if any, to final payment, and
(iii) complete and legally effective releases or waivers
(satisfactory to OWNER) of all Liens arising out of or filed
in connection with the Work. In lieu of such releases or
waivers of Liens and as approved by OWNER
CONTRACTOR may famish receipts or releases in full
and affidavit of CONTRACTOR that: (1) the releases and
receipts include all labor, services, material and equipment
for which a Lien could be filed, and (ii) all payrolls,
material and equipment bills, and other indebtedness
connected with the Work for which OWNER or OWNER's
property might in any way be responsible have been paid or
otherwise satisfied If any Subcontractor or Supplier fails
EnCDC GENERAL CONDITIONS 1910$ (1990 Editim)
w/CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
to famish such a release or receipt in full,
CONTRACTOR may famish a Bond or other collateral
satisfactory to OWNER to indemnify OWNER against
any Lien. Releases or waivers of liens and the consent of
the surety to finalize payment are to be submitted on
forms confomtingto the format of the OWNER'S standard
forms bound in the project manual.
Final Payment and Acceptance:
14.13. If, on the basis of ENG]NEER's observation of
the Work during construction and final inspection, and
ENGINEER's review of the final Application for Payment
and accompanying documentation as required by the
Contract Documents, ENGINEER is satisfied that the
Work has been completed and CONTRACTOR's other
obligations under the Contract Documents have been
fulfilled, ENGINEER will, within ten days after receipt of
the final Application for Payment, indicate in writing
ENGWEER's recommendation of payment and present
the Application to OWNER for payment. At the same
time ENGINEER will also give written notice to OWNER
and CONTRACTOR that the Work is acceptable subject
to the provisions of paragraph 14.15. Otherwise,
ENGINEER will return the Application to
CONTRACTOR, indicating in writing the reasons for
refusing to recommend final payment, in which case
CONTRACTOR shall'make the necessary correctors and
resubmit the Application. Thirty days after presentation to
OWNER of the Application and accompanying
documentation, in appropriate form and substance and
with ENGINEER's recommendation and notice of
acceptability, the amount recommended by ENGINEER
will become due and will be paid by OWNER to
CONTRACTOR subject to pmagraph 17.6.2 of these
General Conditions.
14.14. IC through no fault of CONTRACTOR, final
completion of the Work is significantly delayed and if
ENGINEER so confirms, OWNER shall, upon receipt of
CONTRACTOR's final Application for Payment and
recommerdefio n of ENGINEER, and without terminating
the Agreement, make payment of the balance due for that
portion of the Work fully completed and accepted. If the
remaining, balance to be held by OWNER for Work not
fully completed or corrected is less than the reta rage
stipulated in the Agreement, and if Bonds have been
famished as required in paragraph 5.1, the written consent
of the surety to the payment of the balance due for that
portion of the Work fiilly completed and accepted shall be
submitted by CONTRACTOR to ENGINEER with the
Application for such payment. Such payment shall be
made under the terns and conditions governing final
payment, except that it shall not constitute a waiver of
claims.
Waiver of Claims:
14.15. The making and acceptance of final payment will
constitute:
14,15.1. a waiver of all claims by OWNER against
CONTRACTOR, except claims arising from
unsettled Liens, from defective Work appearing after
final inspection pursuant to paragraph 14.11. from
failure to comply with the Contract Documents or the
terms of any special, guarantees specified therein, or
from CONTRACTOR'S continuing obligations under
the Contract Documents; and
14.15.2.A waiver of all claims by CONTRACTOR
against OWNER other than those previously made in
writing and still unsettled.
ARTICLE 15--SUSPENSION OF WORK AND
TERMINATION
OWNER May Suspend Work:
15.1. At any time and without cause, OWNER may
suspend the Work or arty portion thereof for a period of not
an Wi more dindy days by notice in writing to
CONTRACTOR and ENGINEER which will fix the date
on which Work will be resumed. CONTRACTOR shall
resume the Wok on the date so fixed CONTRACTOR
shall be allowed an adjustment in the Contract Price or an
extension of the Contract Times, or both, directly
attributable to any such suspension if CONTRACTOR
makes an approved claim therefor as provided in
Articles I 1 and 12.
OWNER May Terminate:
15.2. Upon the occurrence of any one or more of the
following events:
15.2.1. if CONTRACTOR persistently fails to perform
the Wok in accordance with the Contract Documents
(including but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established
under paragraph2.9 as adjusted from time to time
pursuant to paragraph 6.6);
15.2.2. if CONTRACTOR disregards Laws or
Regulations of any public body having jurisdiction;
15.2.3. if CONTRACTOR disregards the authority of
ENGINEER; or
15.2.4. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract
Documents;
OWNER may, after giving CONTRACTOR (and the
surety, if any) seven days' written notice and to the extent
permitted by Laws and Regulations, terminate the services
of CONTRACTOR, exclude CONTRACTOR from the site
and take possession of the Work and of all
CONTRACTOR's tools, appliances, construction
equipment and machinery at the site and use the same to
the full extant they could be used by CONTRACTOR
(without liability to CONTRACTOR for trespass or
conversion), incorporate in the Work all materials and
equipment stored at the site or for which OWNER has paid
32 EXDC GENERAL CONDITIONS I910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
CONTRACTOR but which are stored elsewhere, and
finish the Work as OWNER may deem expedient In such
case CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished If the unpaid
balance of the Contract Price exceeds all claims, costs,
losses and damages sustained by OWNER arising out of
or resulting from com pleting the Work such excess will be
paid to CONTRACTOR If such claims, costs, lasses and
damages exceed such unpaid balance, CONTRACTOR
shall pay the difference to OWNER. Such claims, costs,
losses and damages incurred by OWNER will be reviewed
by ENGINEER as to their reasonableness and when so
approved by ENGINEER incorporated in a Change Order,
provided that when exercising any rights or remedies
under this paragraph OWNER shall not be required to
obtain the lowest price for the Work performed.
15.3. Where CONTRACTOR's services have been so
terminated by OWNER, the termination will not affect
any rights or remedies of OWNER against
CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys due
CONTRACTOR by OWNER will not release
CONTRACTOR from liability.
15.4. Upon seven days' written notice to
CONTRACTOR and ENGINEER, OWNER may,
without cause and without prejudice to any other right or
remedy of OWNER, elect to terminate the Agreement. In
such case, CONTRACTOR shall be paid (without
duplication of any items):
15.4.1. for completed and acceptable Work executed
in accordance with the Contract Documents prior to
the effective date of termination, including fair and
reasonable sums for overhead and profit on such
Work;
15.4.2. for expenses sustained prior to the effective
date of termination in performing services and
furtashing labor, materials or equipment as required
by the Contract Documents in connection with
uncompleted Work, plus fair and reasonable sums for
overhead and profit on such expenses;
15.4.3. for all claims, costs, losses and damages
incurred in settlement of terminated contracts with
Subcontractors, Suppliers and others; and
15.4.4. for reasonable expenses directly attributable
to termination.
CONTRACTOR shall not be paid on account of loss of
anticipated profits or revenue or other economic loss
arising out of or resulting from such termination
CONTRACTOR May Stop Work or Terminate:
15.5. If through no act or fault of CONTRACTOR, the
Wok is suspended for a period of more than ninety days
by OWNER or under an order of court or other public
authority, or ENGINEER fails to ad on any Application
for Payment within thirty days after it is submitted or
OWNER fails for thirty days to pay CONTRACTOR any
sum finally determined to be due, then CONTRACTOR
may, upon seven days' written notice to OWNER and
ENGINEER, and provided OWNER or ENGINEER do not
remedy such suspension or failure within that time,
terminate the Agreement and recover from OWNER
payment on the same terms as provided in paragraph 15.4.
In lieu of terminating the Agreement and without prejudice
to any other right or remedy, if ENGINEER has failed to
act on an Application for Payment within thirty days after it
is submitted or OWNER has failed for thirty days to pay
CONTRACTOR any sum finally determined to be due,
CONTRACTOR may upon seven days' written notice to
OWNER and ENGINEER stop the Wait until payment of
all such amounts due CONTRACTOR, including interest
thereon The provisions of this paragraph 15.5 are not
intended to preclude CONTRACTOR from making claim
under Articles 11 and 12 for an increase in Contract Price
or Contract Times cc otherwise for expenses or damage
directly attributable to CONTRACTOR'S stopping Work as
permitted by this paragraph.
ARTICLE 16—DISPUTE RESOLUTION
If and to the extent that OWNER and CONTRACTOR
have agreed on the method and procedure for resolving
disputes between them that may arise under this
Agreement, such dispute resolution method and procedure,
if any, shall be as set forth in ExhibitGC-A "Dispute
Resolution Agreement", to be attached hereto and made a
part hereof. If no such agreement on the method and
procedure for resolving such disputes has been reached,
and subject to the provisions of pamgmphs 9.10, 9.11 and
9.12, OWNER and CONTRACTOR may exercise such
rights. or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect
of any dispute.
ARTICLE 17—MISCELLANF.OUS
Giving Notice:
17.1. Whenever any provision of the Contract
Documents requires the giving of written notice, it will be
deemed to have been validly given if delivered in person to
the individual or to a member of the firm, or to an officer of
the corporation for whom it is intended, or if delivered at or
sent. by registered or certified mail, postage prepaid, to the
last business address known to the giver of the notice.
17.2. Computation of Time:
17.2.1. When any period of time is referred to in the
Contract Documents by days, it will be computed to
exclude the first and include the last day of such
period If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday
by the law of the applicable jurisdiction, such day will
be omitted from the computation.
EJCDC GENERAL CONDITIONS 1910-8 (1990 ECUtim)
w/ QTY OF FORT COLLINS MODIFICATIONS f N 42000)
17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight will constitute a
day.
Notice of Claim;
17.3. Should OWNER or CONTRACTOR. suffer injury
or damage to person or property because of any error,
omission or act of the other party or of any of the other
party's employees or agents or others for whose acts the
other party is legally liable, claim will be made in writing
to the other party within a reasonable time of the first
observance of such injury or damage. The provisions of
this paragraph 17.3 shall not be construed as a substitute
for or a waiver of the provisions of any applicable statute
of limitations or repose.Cumuladve Remedies:
17.4. The duties and obligations imposed by these
General Conditions and the rights and remedies available
hereunder to the parties hereto, and, in particular but
without limitation, the warranties, guarantees and
obligations imposed upon CONTRACTOR by
paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14,
14.3 and 15.2 and all of the rights and remedies available
to OWNER and ENGINEER thereunder, are in addition
to, and are not to be construed in any way as a limitation
of, any rights and remedies available to any or all of them
which are otherwise imposed or available by Laws or
Regulations by special warranty or guarantee or by other
provisions of the Contract Documents, and the provisions
of this paragraph will be as effective as if repeated
specifically in the Cantina Documents in connection with
each particular duty, obligation, right and remedy to which
theyapply.
Professional Fees and Court Costa Included•
17.5. Whenever reference is made to "claims, costs,
losses and damages", it shall include in each case, but not
be limited to, all fees and charges of engineers, architects,
attorneys and other professionals and all court or
arbitration or other dispute resolution costs.
17.6. The laws of the State of Colorado apply to this
Agreement. Reference to two Menem Colorado statutes
are as follows
17.6.2. If a claim is filed OWNER is required by
law (CRS 38-26-107) to withhold from from all payments to
CONTRACTOR sufficient funds to insure the
payment of all claims for labor, materials, team hire,
sustenance, provisions, provender, or other supplies
used or consumed by CONTRACTOR or his
33
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.
S.I. PROGRESS PAYMENTS. OWNER shall make progress payments on account
of the Contract Price on the basis of CONTRACTOR's Application for Payment as
recommended by ENGINEER, once each month during construction as provided
below. All progress payments will be on the basis of the progress of the Work
measured by the schedule of values established in paragraph 2.6 of the General
Conditions and in the case of Unit Price Work based on the number of units
completed, and in accordance with the General Requirements concerning Unit
Price Work.
5.1.1. Prior to Substantial Completion, 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 5% 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 100% 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.
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
9/12/01 Section 00520 Page 2
34 EJCDC GENERAL CONDITIONS 1910-8 (1990 EAi[im)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
(This page left blank inl tionally.)
EICDC GENERAL CONDITIONS 1910.8 (1990 Editim) 35
w/CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
36 EICDCGENERALCONDITIONS 1910-8(1990E(ilim)
WICITY OF FORT COLLINS MODIFICATIONS (REV 42000)
EXHTBTT GC -A to General Conditions
of the Construction Contract Between
OWNER and CONTRACTOR
DISPUTE RESOLUTION AGREEMENT
OWNER and CONTRACTOR hereby agree that
Article 16 of the General Conditions of the Construction
Contract between OWNER and CONTRACTOR is
amended to include the following agreement of the parties:
16.1. All claims, disputes and other matters in
question between OWNER and CONTRACTOR arising
out of or relating to the Contract Documents or the breach
thereof (except for claims which have been waived by the
making or acceptance of final payment as provided by
paragraph 14..15) will be decided by arbitration in
accordance with the Construction Industry Arbitration
Rules of the American Arbitration Association then
obtaining, subject to the limitations of the Article 16. This
agreement so to arbitrate and any other agreement or
consent to arbitrate entered into in accordance herewith as
provided in this Article 16 will be specifically enforceable
under the prevailing law of any court having jurisdiction.
16.2. No demand for arbitration of any claim, dispute
a other matter that is required to be referred to
ENGINEER initially for decision in accordance with
paragraph 9.11 will be made until the earlier of (a) the date
on which ENGINEER has rendered a written decision or
(b) the thirty -fast day after the parties have presented their
evidence to ENGINEER if a written decision has not been
rendered by ENGINEER before that date. No demand for
arbitration of any such claim, dispute or other matte will
be made later than thirty days after the date on which
ENGINEER has rendered a written decision in respect
thereof in accordance with paragraph 9.11; and the failure
to demand arbitration within said thirty days' period will
result in ENGINEERS decision being foal and binding
upon OWNER and CONTRACTOR. If ENGINEER
renders a decision after arbitration proceedings have been
initiated, such decision may be entered as evidence but will
not supersede the arbitration proceedings, except where the
decision is acceptable to the parties concerned. No demand
for arbitration of any written decision of ENGINEER
rendered in accordance with paragraph 9.10 will be made
later than ten days after the party making such demand has
delivered written notice of intention to appeal as provided
in paragraph 9.10.
16.3. Notice of the demand for arbitration will be
filed in writing with the other party to the Agreement and
with the American Arbitration Association, and a copy will
be sent to ENGINEER for information The demand for
arbitration will be made within the thirty -day or ten-day
period specified in paragraph 16.2 as applicable, and in all
other cases within a reasonable time after the claim, dispute
or other matter in question has arisen, and in no event shall
any such demand be made after the date when institution of
legal or equitable proceedings based on such claim, dispute
or other matter in question would be barred by the
applicable statute of limitations.
EICDC GENERAL CONDITIONS 1910-8 (1990 Edttim)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9!99)
16.4. Except as provided in paragraph 16.5 below,
no arbitration arising out of or relating to the Contract
Documents shall include by consolidation, joinder or in any
other manner any other person or entity (including
ENGINEER, ENGINEER's Consultant and the officers,
directors, agents, employees or consultants of any of them)
who is not party to this contract unless:
16.4.1. the inclusion of such other person or entity is
necessary if complete relief is to be afforded among
those who are already parties to the arbitration, and
16.42. such other personor entity is substantially
involved in a question of law or fact which is common
to those who are already parties to the arbitration and
which will arise in such proceedings, and
16.4.3. the written consent of the other person or
entity sought to be included and of OWNER and
CONTRACTOR has been obtained for such inclusion,
which consent shall make specific reference to this
paragraph; but no such consent shall constitute consent
to arbitration of any dispute not specifically described
in such consent or to arbitration with any party not
specifically identified in such consent.
16.5. Notwithstanding paragraph 16.4, if a claim,
dispute or other matte in question between OWNER and
CONTRACTOR involves the Work of a Subcontractor,
either OWNER or CONTRACTOR may join such
Subcontractor as a party to the arbitration between OWNER
and CONTRACTOR hereunder. CONTRACTOR shall
include in all subcontracts required by paragraph 6.11 a
specific provision whereby the Subcontractor consents to
being joined in an arbitration between OWNER and
CONTRACTOR involymg the Work of such
Subcontractor. Nothing in this. paragraph 16.5 nor in the
provision of such subcontract consenting to joinder shall
create any claim, right or cause of action in favor of
Subcontractor and against OWNER, ENGINEER or
ENGINEER'S Consultants that does not otherwise exist.
16.6. The award rendered by the arbitrators will be
final, judgment may be entered upon it in any taut having
jurisdiction thereof and it will not be subject to
modification or appeal.
16.7. OWNER and CONTRACTOR We that they
shall first submit any and all unsettled claims,
counterclaims, disputes and other mattes in question
between them arising out of or relating to the Contract.
Documents or the breach thereof ("disputes"), to mediation
by the American Arbitration Association under the
Construction Industry Mediation Rules of the American
Arbitration Association prior to either of them initiating
against the other a demand for arbitration pursuant to
paragraphs 16.1 through 16.6, unless delay in initiating
arbitration would irrevocably prejudice one of the parties.
The respective thirty and ten day time limits within which
to file a demand for arbitration as provided in paragraphs
16.2 and 16.3 above shall be suspended with respect to a
dispute submitted to mediation within those same
applicable time limits and shall remain suspended until ten
days after the termination of the mediation. The mediator
of any dispute submitted to mediation under this Agreement
shall not serve as arbitrator of such dispute unless otherwise
agreed.
14"GAM
EICDC GENERAL CONDITIONS1910-8 (1990Edilim)
wF CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
GC -Al
SE
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 Article 5 Bonds and Insurance
A. Add the following language to paragraph 5.1:
CONTRACTOR shall furnish Performance and Payment Bonds, each in
an amount at least equal to the Contract Price as security for
the faithful performance and payment of all CONTRACTOR's
obligations under the Contract Documents, or a Letter of Credit.
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).
5.4.9This 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.
00800-57
8.10.1 Authority: The Project Manager will be the OWNER's
representative during the construction of the project. The
Project Manager shall have the authority set forth in the
OWNER's Capital Project Procedures Manual. The Project Manager
shall have the authority to reject work and materials whenever
such rejection may be necessary to ensure the proper
performance of the Work in accordance with the Contract
Documents.
8.10.2 Duties and Responsibilities: The Project Manager will make
periodic visits to the project site to observe the progress and
quality of the Work and to determine, in general, if the Work
is proceeding in accordance with the Contract Documents. The
Project Manager shall not be required to make comprehensive or
continuous inspections to check the progress or quality of the
Work. The Project Manager shall not be responsible for
construction means, methods, techniques, sequences, or
procedures, or for safety precautions or programs in connection
with the Work, or for any failure of the Contractor to comply
with laws and regulation applicable to the performance or
furnishing of the Work. Visits and observations made by the
Project Manager shall not relieve the CONTRACTOR of his
obligation to conduct comprehensive inspections of the Work, to
furnish materials and perform acceptable Work, and to provide
adequate safety precautions in conformance with the Contract
Documents. The Project Manager shall at all times have access
to the Work. The CONTRACTOR shall provide facilities for such
access so the Project Manager may perform his or her functions
under the Contract Documents.
8.10.3 One or more Resident Construction Inspector(s) (RCI) may be
assigned to assist the Project Manager in providing observation
of the Work, to determine whether or not the Work is proceeding
according to the construction documents. CONTRACTOR will
receive written notification from the OWNER of any RCI
assignments. The RCI shall not supervise, direct or have
control or authority over, nor be responsible for, CONTRACTOR's
means, methods, techniques, sequences or procedures of
construction or the safety precautions and programs incident
thereto, or for any failure of CONTRACTOR to comply with Laws
and Regulations applicable to the furnishing or performance of
the Work. The RCI will not be responsible for CONTRACTOR's
failure to perform or furnish the Work in accordance with the
Contract Documents. The RCI's dealings in matters pertaining
to the on -site work will be to keep the Project Manager
properly apprised about such matters.
8.10.4 Communications: All instructions, approvals, and decisions of
the Project Manager shall be in writing. The CONTRACTOR may
not rely on instructions, approvals, or decisions of the
Project Manager until the same are reduced to writing.
/1:11
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950Contract Change Order
00960Application for Payment
9/99
SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE: Old Sand/Salt Buildinq Roof
CONTRACTOR: ACC Roofing Incorporated
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
the Contract Documents, Work, site, locality, and with all local conditions
and Laws and Regulations that in any manner may affect cost, progress,
performance or furnishing of the Work.
6.2. CONTRACTOR has studied carefully all reports of explorations and
tests of subsurface conditions and drawings of physical conditions which are
identified in the Supplementary Conditions as provided in paragraph 4.2 of the
General Conditions.
6.3. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests, reports, and studies (in addition to or
to supplement those referred to in paragraph 6.2 above) which pertain to the
subsurface or physical condition at or contiguous to the site or otherwise may
affect the cost, progress, performance or furnishing of the Work as CONTRACTOR
considers necessary for the performance or furnishing of the Work at the
Contract Price, within the Contract Times and in accordance with the other
terms and conditions of the Contract Documents, including specifically the
provisions of paragraph 4.2 of the General Conditions; and no additional
examinations, investigations, explorations, tests, reports, studies or similar
information or data are or will be required by CONTRACTOR for such purposes.
6.4. CONTRACTOR has reviewed and checked all information and data shown
or indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes responsibility for the
accurate location of said Underground Facilities. No additional examinations,
investigations, explorations, tests, reports, studies or similar information
or data in respect of said Underground Facilities are or will be required by
CONTRACTOR in order to perform and furnish the Work at the Contract Price,
within the Contract Times and in accordance with the other terms and
conditions of the Contract Documents, including specifically the provision of
paragraph 4.3. of the General Conditions.
6.5. CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents.
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.
9/12/01 Section 00520 Page 3
Section 00960
APPLICATION FOR PAYMENT
PROJECT:
PAY ESTIMATE NO:
DATE:
CONTRACTOR:
ADDRESS:
CONTRACT FOR:
PARTIAL
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:
FINAL
In accordance with the Contract Documents,
based on site observations and the data
comprising the above application, the
Architects Certifies to the Owner that the
Work has progressed to the point indicated;
that the best of his knowledge, information
and belief, the quality of the Work Is In
accordance with the Contract Documents,
and that the Contractor is entitled to payment
of the AMOUNT CERTIFIED.
ENGINEER:
By:.
Application is made for Payment, as shown below, in connection with the Contract. Schedule of Values is
attached.
The present status of the account for this Contract Is as follows
ORIGINAL CONTRACT AMOUNT
APPROVED CHANGE ORDERS TO DATE
ADJUSTED CONTRACT AMOUNT
TOTAL WORK COMPLETED AND MATERIALS USED
RETAINAGE (10% OF TOTAL)
TOTAL EARNED LESS RETAINAGE
LIQUIDATED DAMAGES WITHHELD
TOTAL EARNED LESS LIQUIDATED DAMAGES
LESS PREVIOUS PAYMENTS
CURRENT PAYMENT DUE
APPROVED BY
(Title)
cc: Accounting City Clerk
Contractor Engineer
Project File
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, ni ight delay the Project. These changes am often initiated in the field and may afihct the
Contract Price or the Contract Times. This is not a Change Order, but only a directive to proud 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 complain the following:
METHOD Ol< DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to
be used in determining the final cost of Worlt involved and the estimated net effect on the Contract
Price. If the ohange involves an increase in the Contract Price and the estimated amount is
approached before the additional or changed Work is completed, another Work Change Directive
must be issued to change the estimated price or Contractor may stop the changed Wwk when the
estimated time is reached. Ifthe Work Change Directive is not likely to change the Contract Price,
the space tar estimated increase (decrease) should be marked. "Not Applicable".
Once Engineer has completed and signed the form, all copies should be sent to Owner far authorization
because Engineer alone does not have authority to authorize changes in Price or Times. Once authorized
by Owner, a copy should be seat by Engineer to Contractor. Price and Times may only be changed by
Change Order signed by Owner and Contractor with Engineer's recommendation.
Paragraph 10.03.A.2 of the General Conditions rewires that a Change Order be initiated and processed to
cover any undisputed sum or amount of time for Work actually perfb med 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 CONSIDERED
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)
If OWNER or CONTRACTOR believe thatthe 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;
13 Unit Prices
Lump Sum
Cost of the Work
Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract
$ Times:
if the change involves an increase, the estimated Substantial Completion: days;
amount is not to be exceeded without further Ready for final payment: days.
authorization.
RECOMMENDED: AUTHORIZED:
ENGtNMR — -- OWNER.
By:. By:
VCM No. 1910.84 (10%1141don)
"Wo" IPt die zolio ► t IOW OCOPW booumswCoaumio u W mdom4 by Ile Asw.Wcd OewW Comhedaf.ofAmedas wA IM Copiowtioa SdKINvion
ademre.
Section 00970 Page 2
oofA Co alnsaon
Technology REQUEST FOR
INTERPRETATION
Project: R.F.1, 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 Rend:
Signed by: Date:
Copies: ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ ❑ File
Copyright 1994, Contraction Specifications Imtitutc, Page of July 1994
99 Canel Center Plaza, Suite 300 Alexandria, VA 22314 CS] Form 13.2A
Section 00970 Page 3
V Of Non
CLARIFICATION
NOTICE
Project: Clarification Notice Number:
From:
To: Date:
A/E Project Number:
Re: ContractFor:
This Clarifdation 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: ❑ Owner ❑ Consultants ❑ ❑ Cl- ❑ ❑File
Copyright 1994, Construction Specifications Institute, Page of July 1994
99 Canal Center Plan, Suite 300 Alacmdria, VA CSI Form 13.3A
22314
Section 00970 Page 4
Project:
To:
Re:
o natnlveoaMn
Techmkvy FIELD
ORDER
Field Order Number
From:
Date.
A/E Project Number:
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: Detail
Description of Interpretation or Change:
❑ Attachments
Signed by: Date:
Copies: ❑ Owner ❑ Consultants ❑ ❑ ❑ ❑ ❑ File
Copyright 19,94, Construotion Spwifiestion Institute, Page of July 1994
99 Canal Center Ph=, Suite 300 Alexandria, VA 22314 CSI Form 13AA
Section 00970 Page 5