HomeMy WebLinkAboutBID - 29487 6019 COMMUNITY PARKS SIDEWALKSSPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
Community Parks Sidewalks
BID NO. 6019
PURCHASING DIVISION
215 NORTH MASON STREET, 2ND FLOOR, FORT COLLINS
December 29, 2006 — 2:00 P.M. (OUR CLOCK)
SECTION 00100
INSTRUCTIONS TO BIDDERS
1.0 DEFINED TERMS
Terms used in these Instructions to Bidders which are defined in the
Standard General Conditions of the Construction Contract (No. 1910-8,
1990 ed.) have the meanings assigned to them in the General Conditions.
The term "Bidder" means one who submits a Bid to OWNER, as distinct from
a sub -bidder, who submits a Bid to Bidder. The terms "Successful Bidder"
means the lowest, qualified, responsible and responsive Bidder to whom
OWNER (on basis of OWNER's evaluation as hereinafter provided) makes an
award. The term "Bidding Documents" includes the Advertisement or
Invitation to Bid, Instructions to Bidders, the Bid Form, and the
proposed Contract Documents (including all Addenda issued prior to
receipt of Bids).
2.0 COPIES OF BIDDING DOCUMENTS
2.1. Complete sets of Bidding Documents may be obtained as stated in the
Invitation to Bid. No partial sets will be issued. The Bidding
Documents may be examined at the locations identified in the Invitation
to Bid.
2.2. Complete sets of Bidding Documents shall be used in preparing Bids;
neither OWNER nor Engineer assumes any responsibility for errors or
misinterpretations resulting from the use of incomplete sets of Bidding
Documents.
2.3. The submitted Bid proposal shall include Sections 00300, 00410,
00420, and 00430 fully executed.
2.4. OWNER and Engineer, in making copies of Bidding Documents available
on the above terms, do so only for the purpose of obtaining Bids on the
Work and do not confer a license or grant for any other use.
3.0 QUALIFICATION OF BIDDERS
3.1 To demonstrate qualifications to perform the Work, each Bidder must
submit at the time of the Bid opening, a written statement of
qualifications including financial data, a summary of previous
experience, previous commitments and evidence of authority to conduct
business in the jurisdiction where the Project is located. Each Bid must
contain evidence of Bidder's qualification to do business in the state
where the Project is located or covenant to obtain such qualification
prior to award of the contract. The Statement of Qualifications shall be
prepared on the form provided in Section 00420.
12/03 Section 00100 Page 1
stun finally determined to be due, then CONTRACTOR
may, upon seven days' written notice to OWNER and
ENGINEER, and provided OWNER or ENGINEER do not
remedy such suspension or failure within that time,
terminate the Agreement and recover from OWNER
payment on the same terms as provided in paragraph 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 Work until payment of
all such amounts due CONTRACTOR, including interest
thereon The provisions of this paragraph 15.5 are not
intended to preclude CONTRACTOR from making claim
under Articles I 1 and 12 for an increase in Contract Price
or Contract Times or otherwise for expenses or damage
directly attributable to CONTRACTOR's stopping Work as
permitted by this paragraph.
ARTICLE 16—DISPUTE RESOLUTION
If and to the extent that OWNER and 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 Exhibit GC -A, "Dispute
Resolution Agreement", to be attached hereto and made a
part hereof. If no such agreement on the method and
procedure for resolving such disputes has been reached,
and subject to the provisions of paragraphs 9.10, 9.11 and
9.12, OWNER and CONTRACTOR may exercise such
rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect
of any dispute.
ARTICLE 17—MISCELLANEOUS
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.
EICDC GENERAL CONDITIONS 1910-8 (1990 Editim)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
17.22 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 arty applicable statute
of limitations or repose.Cumukdve 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, b.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 Contract Documents in connection with
each particular duty, obligation, right and remedy to which
they apply.
Professional Fees and Court Costs Included,
17.5. Whenever reference is made to "claims, costs,
losses and damages", it shall include in each case, but not
be limited to, all fees and charges of engineers, architects,
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 pertinent 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 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 croonsumed by CONTRACTOR or his
33
34 EJCDC GENERAL CONDITIONS 1910-8 (1990 Ed tin)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4 Y2000)
(This page left blank intentionally.)
EICDC GENERAL CONDITIONS 19104 (1990 E&ttm) 35
WI CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
36 EICDCOENERAL CONDITIONS 1910-8(1990Ed UM)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
EXHIBIT 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
or other matter that is required to be referred to
ENGINEER initially for decision in accordance with
paragraph 9.11 will be made until the earlier of (a) the date
on which ENGINEER has rendered a written decision or
(b) the thirty-first day after the parties have presented their
evidence to ENGINEER if a written decision has not been
rendered by ENGINEER before that date. No demand for
arbitration of any such claim, dispute or other matter wilt
be made later than thirty days after the date on which
ENGINEER has rendered a written decision in respect
thereof in accordance with paragraph 9. 11, and the failure
to demand arbitration within said thirty days' period will
result in ENGINEER's decision being final and binding
upon OWNER and CONTRACTOR. If ENGINEER
renders a decision after arbitration proceedings have been
initiated, such decision may be entered as evidence but will
not supersede the arbitration proceedings, except where the
decision is acceptable to the parties concerned. No demand
for arbitration of any written decision of ENGINEER
rendered in accordance with paragraph 9.10 will be made
later than ten days after the party making such demand has
delivered written notice of intention to appeal as provided
in paragraph 9.10.
16.3. Notice of the demand for arbitration will be
filed in writing with the other party to the Agreement and
with the American Arbitration Association, and a copy wilt
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.
EJCDC GENERAL CONDITIONS 1910,8 (1990 Echticm)
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:
16A.1. the inclusion of such other person or entity is
necessary if complete relief is to be afforded among
those who are already parties to the arbitration, and
16.4.2. such other person or entity is substantially
involved in a question of law or fact which is common
to those who are already parties to the arbitration and
which will arise in such proceedings, and
16.4.3. the written 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 matter in question between OWNER and
CONTRACTOR involves the Work of a Subcontractor,
either OWNER or CONTRACTOR may join such
Subcontmctor as a party to the arbitration between OWNER
and CONTRACTOR hereunder. CONTRACTOR shall
include in all subcontracts required by paragraph 6.11 a
specific provision whereby the Subcontractor consents to
being joined in an arbitration between OWNER and
CONTRACTOR involving the Work of such
Subcontractor. Nothing in this paragraph 16.5 nor in the
provision of such subcontract consenting to joinder shall
create any claim, right or cause of action in favor of
Subcontractor and against OWNER, ENGINEER or
ENGINEER's Consultants that does not otherwise exist.
16.6. The award rendered by the arbitrators will be
final, judgment may be entered upon it in any court having
jurisdiction thereof; and it will not be subject to
modification or appeal.
16.7. OWNER and CONTRACTOR agree that they
shalt first submit any and all unsettled claims,
counterclaims, disputes and other matters in question
between them arising out of or relating to the Contract
Documents or the breach thereof ("disputes"), to mediation
by the American Arbitration Association under the
Construction Industry Mediation Rules of the American
Arbitration Association prior to either of them initiating
against the other a demand for arbitration pursuant to
paragraphs 16.1 through 16.6, unless delay in initiating
arbitration would irrevocably prejudice one of the parties.
The respective thirty and ten day time limits within which
to file a demand for arbitration as provided in paragraphs
16.2 and 16.3 above shall be suspended with respect to a
dispute submitted to mediation within those same
applicable time limits and shall remain suspended until ten
days after the tenumation of the mediation. The mediator
of any dispute submitted tomediation under this Agreement
shall not serve as arbitrator of such dispute unless otherwise
agreed.
GC -Al
EJCDC GENERAL CONDITIONS 1910-8 G 990 E(ifimt)
w/ 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-4.2 Subsurface and Physical Conditions:
A. Add the following language to paragraph 4.2.1 of the General
Conditions.
4.2.1.1.1 The following report(s) of exploration and tests of
subsurface conditions at the site of the Work:
Geotechnical Investigation
Rolland Moore Park Bridge
Fort Collins, Colorado
CTL Thompson Project No. FC03551-130-L2
Contractor may rely upon the accuracy of the technical data
contained in the geotechnical documents, but not upon nontechnical
data, interpretations or opinions contained therein or upon the
completeness of any information in the report.
B. 4.2.1.2.1 No drawing of physical conditions in or relating to
existing surface or subsurface structures (except Underground
Facilities referred to in Paragraph 4.3) which are at or contiguous
to the site have been utilized by the Engineer in preparation of
the Contract Documents, except the following:
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:
7/96 Section 00800 Page 1
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)
'7/96 Section 00800 Page 2
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950Contract Change Order
00960Application for Payment
9/99
3.2. In accordance with Section 8-160 of the Code of the City of Fort
Collins in determining whether a bidder is responsible, the following
shall be considered: (1) The ability, capacity and skill of the bidder to
perform the contract or provide the services required, (2) whether the
bidder can perform the contract or provide the service promptly and
within the time specified without delay or interference, (3) the
character, integrity, reputation, judgment, experience and efficiency of
the bidder, (4) the quality of the bidder's performance of previous
contracts or services, (5) the previous and existing compliance by the
bidder with laws and ordinances relating to the contract or service, (6)
the sufficiency of the financial resources and ability of the bidder to
perform the contract or , provide the service, (7) the quality,
availability and adaptability of the materials and services to the
particular use required, (8) the ability of the bidder to provide future
maintenance and service for the use of the subject of the contract, and
(9) any other circumstances which will affect the bidder's performance of
the contract.
3.3. Each Bidder may be required to show that he has handled former Work
so that no just claims are pending against such Work. No Bid will be
accepted from a Bidder who is engaged on any other Work which would
impair his ability to perform or finance this Work.
3.4 No Bidder shall be in default on the performance of any other
contract with the City or in the payment of any taxes, licenses or other
monies due to the City.
4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1. It is the responsibility of each Bidder, before submitting a Bid,
to (a) examine the Contract Documents thoroughly, (b) visit the site to
familiarize himself with local conditions that may in any manner affect
cost, progress or performance of the Work, (c) familiarize himself with
federal, state and local laws, ordinances, rules and regulations that may
in any manner affect cost, progress or performance of the Work, (d) study
and carefully correlate Bidder's observations with the Contract
Documents, and (e) notify Engineer of all conflicts, errors or
discrepancies in the Contract Documents.
4.2. Reference is made to the Supplementary Conditions for
identification of: Subsurface and Physical Conditions SC-4.2.
4.3. The submission of a Bid will constitute an incontrovertible
representation by Bidder that Bidder has complied with every requirement
of this Article 4, that without exception the Bid is premised upon
performing and furnishing the Work required by the Contract Documents and
such means, methods, techniques, sequences or procedures of construction
as may be indicated in or required by the Contract Documents, and that
the Contract Documents are sufficient in scope and detail to indicate and
convey understanding of all terms and conditions for performance and
12/03 Section 00100 Page 2
SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE:
CONTRACTOR:
PROJECT NUMBER:
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost
4. Change in Contract Time:
ORIGINAL CONTRACT COST $ .00
TOTAL APPROVED CHANGE ORDER 0.00
TOTAL PENDING CHANGE ORDER 0.00
TOTAL THIS CHANGE ORDER 0.00
TOTAL % OF THIS CHANGE ORDER
TOTAL C.O.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:
Title:
FAV
• ` : �Iifxe3`
Title:
APPROVED BY:
Purchasing Agent over $30,000
cc: City Clerk Contractor
Project File Architect
Engineer Purchasing
DATE:
DATE:
DATE:
9/99 Section 00950 Page 1
gortinn nnQgn
APPLICATION FOR PAYMENT PAGE 1 OF 4
OWNER: City of Fort Collins PROJECT: APPLICATION NUMBER:
APPLICATION DATE:
PERIOD BEGINNING:
ENGINEER: CONTRACTOR: PERIOD ENDING:
PROJECT NUMBER:
CHANGE ORDERS Application is made for Payment as shown below in connection with Contract
The present status of the account for this Contract is as
NUMBER DATE AMOUNT follows:
1
2 Original Contract Amount:
3 Net Change by Change Order.
Net Change by Change Order
$0.00
Current contract Amount:
Total Completed and Stored to Date:
Less Previous Applications:
Amount Due this Application - Before Retainage:
Less Retainage:
AMOUNT DUE THIS APPLICATION:
ICERTIFICATION:
The undersigned CONTRACTOR certifies that all obligations of CONTRACTOR incurred in connection with
the Work have been satisfied as required in Paragraph 14.3. of the General Conditions of the Contract.
The above Amount Due This Application is requested by the
CONTRACTOR.
I Date:
By:
Payment of the above Amount Due This Application is recommended by the ENGINEER.
Date
By:
Payment of the above Amount Due This Application has been reviewed by the OWNER'S Project Manager.
Date:
By:
Payment of the above Amount Due This Application is approved by the OWNER.
$0.00
$0.00
$0.00
oecLion uuybu rage i
APPLICATION FOR
CONTRACT AMOUNTS
PAYMENT
PAGE 2 OF 4
Work
Work
Work
Completed
Completed
Completed
Stored
This
Previous
To
Bid
Month
Periods
Date
Materials
Total
Item
This
Earned Percent
Unit
Number Description Quantity Units Price Amount
Qty.
Amount
Qty. Amount
Qty.
Amount
Period
To Date Billed
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
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$0.00
$0.00
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$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$O.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS $0.00
$0.00
$0.00
$0.00
$0.00
7/96 Section 00960 Page 2
CHANGE ORDERS
APPLICATION FOR PAYMENT
PAGE 3 OF 4
Work
Work
Work Completed
Completed
Completed
Stored
This
Previous
To
Bid
Month
Periods
Date
Materials
Total
Item
This
Earned Percent
Unit
To
Number Description Quantity Units Price
Amount
Qty. Amount
Qty. Amount
Qty.
Amount
Period
Date Billed
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
1 $0.00
$0.00
$0.00
$0.00
TOTALS CHANGE ORDERS
$0.00
$0.00
$0.00
$0.00
$0.00
PROJECT TOTALS
$0.00
$0.00
$0.00
$0.00
$0.00
7/96 Section 00960 Page 3
STORED MATERIALS
SUMMARY
On Hand Received Installed
Item Invoice Previous This This
Number Number Description Application Period Period
PAGE 4 OF 4
On Hand
This
Application
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTALS $0.00 $0.00
$0.00 $0.00
7/96 Section 00960 Page 4
SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the day of in the
year of 20 and shall be effective on the date this AGREEMENT is signed by
the City.
The City of Fort Collins (hereinafter called OWNER) and
(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 Bid 6019
Community Parks Sidewalks; concrete sidewalks, ADA access ramps, demolition,
concrete parking lot, pedestrian bridge and foundations and related site work
within four community parks: City 'Park, Lee Martinez Park, Rolland Moore Park
and Edora Park and is generally described in Section 01100.
ARTICLE 2. ENGINEER
The Project has been designed by City of Fort Collins, CLRS Parks Planning and
Development, 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 90 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 105 calendar days after the date
when the Contract Times commence to run.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of
the essence of this Agreement and that OWNER will suffer financial loss if the
Work is not completed within the times specified in paragraph 3.1. above, plus
any extensions thereof allowed in accordance with Article 12 of the General
Conditions.
They also recognize the delays, expenses and difficulties involved in proving
in a legal proceeding the actual loss suffered by OWNER if the Work is not
completed on time. Accordingly, instead of requiring any such proof, OWNER
and CONTRACTOR agree that as liquidated damages for delay (but not as penalty)
9/12/01 Section 00520 Page 1
furnishing of the Work.
5.0 INTERPRETATIONS AND ADDENDA.
5.1. All questions about the meaning or intent of the Bidding Documents are to
be submitted in writing to the Engineer and the OWNER. Interpretation or
clarifications considered necessary in response to such questions will be
issued only by Addenda. Questions received less than seven days prior to
the date for opening of the Bids may not be answered. Only questions
answered by formal written Addenda will be binding. Oral and other
interpretations or clarifications will be without legal effect.
5.2. All questions concerning the scope of this project should be
directed to the Engineer. Questions regarding submittal of bids should
be directed to the City of Fort Collins' Purchasing Division.
5.3. Addenda may also be issued to modify the Bidding Documents as
deemed advisable by OWNER or Engineer.
5.4. Addenda will be mailed or delivered to all parties recorded by the
OWNER as having received the Bidding documents.
6.0 BID SECURITY
6.1. Each Bid must be accompanied by Bid Security made payable to OWNER
in the amount stated in the Invitation to Bid. The required security
must be in the form of a certified or bank cashier's check payable to
OWNER or a Bid Bond on the form enclosed herewith. The Bid Bond must be
executed by a surety meeting the requirements of the General Conditions
for surety bonds.
6.2. The Bid Security of the successful Bidder will be retained until
such Bidder has executed the Agreement and furnished the required
contract security, whereupon Bid Security will be returned. If the
successful Bidder fails to execute and deliver the Agreement and furnish
the required contract security within 15 days of the Notice of Award,
OWNER may annul the Notice of Award and the Bid Security of that Bidder
will be forfeited. The Bid Security of other Bidders whom OWNER believes
to have reasonable chance receiving the award may be retained by OWNER
until the earlier of the seventh day after the effective date of the
Agreement or the thirty-first day after the Bid Opening, whereupon Bid
Security furnished by such Bidders will be returned. Bid Security with
Bids which are not competitive will be returned within seven days after
the Bid opening.
7.0 CONTRACT TIME.
The number of days within which, or the date by which the Work is to be
substantially complete and also completed and ready for Final Payment
(the Contract Times) are set forth in the Agreement.
12/03 Section 00100 Page 3
D
are
LIQUIDATED DAMAGES.
Provisions for liquidated damages are set forth in the Agreement.
SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT
The Contract, if awarded, will be on the basis of material and equipment
described on the Drawings or specified in the Specifications without
consideration of possible substitute or "or equal" items. Whenever it is
indicated on the Drawings or specified in the Specifications that a
substitute or "or equal" item of material or equipment may be furnished
or used by CONTRACTOR if acceptable to Engineer, application for such
acceptance will not be considered by Engineer until after the "effective
date of the Agreement". The procedure for submittal of any such
application by CONTRACTOR and consideration by Engineer is set forth in
the General Conditions which may be supplemented in the General
Requirements.
10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS
10.1. Each Bidder shall submit at the Bid opening to OWNER a list of
principal subcontractors he proposes to use in the Work. Refer to
Section 00430 contained within these Documents.
10.2. If OWNER or Engineer after due investigation has reasonable
objection to any proposed Subcontractor, either may, before the Notice of
Award is given, request the apparent successful Bidder to submit an
acceptable substitute without an increase in Bid price. If the apparent
successful Bidder declines to make any substitution, OWNER may award the
contract to the next lowest responsive and responsible Bidder that
proposes to use acceptable subcontractors. Subcontractors, suppliers,
other persons or organization listed and to whom OWNER or Engineer does
not make written objection prior to the giving of the Notice of Award
will be deemed acceptable to OWNER and ENGINEER subject to revocation of
such acceptance after the effective date of the Agreement as provided in
the General Conditions.
10.3. CONTRACTOR shall not be required to employ any subcontractor,
supplier or other persons or organizations against whom he has reasonable
objection. The use of subcontractors listed by the Bidder and accepted
by OWNER prior to the Notice of Award will be required in the performance
of the Work.
11.0 BID FORM.
11.1. A copy of the Bid Form is bound in the Contract Documents which
may be retained by the Bidder. A separate unbound copy is enclosed for
submission with the Bid.
12/03 Section 00100 Page 4
11.2. Bid Forms must be complete in ink or typed. All lump sum prices
on the form must be stated in words and numerals; in case of conflict,
words will take precedence. Unit prices shall govern over extensions of
SUMS.
11.3. Bids by corporations must be executed in the corporate name by the
president or a vice-president (or other appropriate officer accompanied
by evidence of authority to sign) and the corporate seal shall be affixed
and attested by the secretary or an assistant secretary. The corporate
address and state of incorporation shall be shown below the corporate
name.
11.4. Bids by partnerships must be executed in the partnership name and
signed by a partner, his title must appear under his signature and the
official address of the partnership must be shown below the signature.
11.5. Bids by joint venture shall be signed by each participant in the
joint venture or by an authorized agent of each participant. The full
name of each person or company interested in the Bid shall be listed on
the Bid Form.
11.6. The Bid shall contain an acknowledgement of receipt of all Addenda
(the numbers of which must be filled in on the Bid Form).
11.7. No alterations in Bids, or in the printed forms therefore, by
erasures, interpolations, or otherwise will be acceptable unless each
such alteration is signed or initialed by the Bidder; if initialed, OWNER
may require the Bidder to identify any alteration so initialed.
11.8. The address and telephone number for communications regarding the
Bid shall be shown.
12.0 BID PRICING.
Bids must be priced as set forth in the Bid Schedule or Schedules.
13.0 SUBMISSION OF BIDS.
13.1. Bids shall be submitted at the time and place indicated in the
Invitation to Bid and shall be enclosed in an opaque sealed envelope
marked with the Project title, Bid No., and name and address of the
Bidder and accompanied by the Bid Security, Bid Form, Bid Bond, Statement
of Bidders Qualifications, and Schedule of Subcontractors as required in
Section 00430. If the Bid is sent through the mail or other delivery
system, the sealed envelope shall be enclosed in a separate envelope with
the notation "BID ENCLOSED" on the face of it.
13.2. Bids shall be deposited at the designated location prior to the
time and date for receipt of Bids indicated in the Invitation to Bid, or
12/03 Section 00100 Page 5
any extension thereof made by addendum. Bids received after the time and
date for receipt of Bids will be returned unopened. Bidder shall assume
full responsibility for timely delivery at the location designated for
receipt of Bids.
13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and
will not receive consideration.
13.4. No Bidder may submit more than one Bid. Multiple Bids under
different names will not be accepted from one firm or association.
14.0 MODIFICATION AND WITHDRAWAL OF BIDS.
14.1. Bids may be modified or withdrawn by an appropriate document duly
executed (in a manner that a Bid must be executed) and delivered to the
place where Bids are to be submitted at any time prior to the opening of
Bids.
14.2. Bids may also be modified or withdrawn in person by the Bidder or
an authorized representative provided he can prove his identity and
authority at any time prior to the opening of Bids.
14.3. Withdrawn Bids may be resubmitted up to the time designated for
the receipt of Bids provided that they are then fully in conformance with
these Instructions to Bidders.
15.0 OPENINGS OF BIDS.
Bids will be opened and (unless obviously non -responsive) read aloud
publicly as indicated in the Invitation to Bid. An abstract of the
amounts of the Base Bids and major alternates (if any) will be made
available after the opening of Bids.
16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE.
All Bids shall remain open for forty-five (45) days after the day of the
Bid Opening, but OWNER may, in his sole discretion, release any Bid and
return the Bid Security prior to that date.
17.0 AWARD OF CONTRACT.
17.1. OWNER reserves the right to reject any and all Bids, to waive any
and all informalities not involving price, time or changes in the Work,
to negotiate contract terms with the Successful Bidder, and the right to
disregard all nonconforming, nonresponsive, unbalanced or conditional
Bids. Also, OWNER reserves the right to reject the Bid of any Bidder if
OWNER believes that it would not be in the best interest of the Project
to make an award to that Bidder, whether because the Bid is not
responsive or the Bidder is unqualified or of doubtful financial ability
or fails to meet any other pertinent standard or criteria established by
12/03 Section 00100 Page 6
OWNER. Discrepancies between the indicated sum of any column of figures
and the correct sum thereof will be resolved in favor of the correct sum.
17.2. In evaluating Bids, OWNER will consider the qualifications of the
Bidders, whether or not the Bids comply with the prescribed requirements,
and such alternates, unit prices and other data, as may be requested in
the Bid Form or prior to the Notice of Award.
17.3. OWNER may consider the qualification and experience of
Subcontractors, Suppliers, and other persons and organizations proposed
for those portions of the Work as to which the identity of
Subcontractors, Suppliers, and other persons and organizations is
submitted as requested by OWNER. OWNER also may consider the operating
costs, maintenance requirements, performance data and guarantees of major
items of materials and equipment proposed for incorporation in the Work
when such data is required to be submitted prior to the Notice of Award.
17.4. OWNER may conduct such investigations as OWNER deems necessary to
assist in the evaluation of any Bid and to establish the responsibility,
qualifications and financial ability of the Bidder's proposed
Subcontractors, Suppliers and other persons and organizations to do the
Work in accordance with the Contract Documents to OWNER's satisfaction
within the prescribed time.
17.5. If the Contract is to be awarded, it will be awarded to the lowest
responsive and responsible Bidder whose evaluation by OWNER indicates to
OWNER that the award will be in the best interest of the OWNER. Award
shall be made on the evaluated lowest base bid excluding alternates. The
basis for award shall be the lowest Bid total for the Schedule or, in the
case of more than one schedule, for sum of all schedules. Only one
contract will be awarded.
17.6. If the Contract is to be awarded, OWNER will give the Successful
Bidder a Notice of Award within forty-five (45) days after the date of
the Bid opening.
18.0 CONTRACT SECURITY.
The General Conditions and the Supplementary Conditions set forth OWNER's
requirements as to performance and other Bonds. When the Successful
Bidder delivers the executed Agreement to the OWNER, it shall be
accompanied by the required Contract Security.
19.0 SIGNING OF AGREEMENT.
When OWNER gives a Notice of Award to the Successful Bidder, it will be
accompanied by the required number of unsigned counterparts of the
Agreement with all other written Contract Documents attached. Within
fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the
required number of counterparts of the Agreement and attached documents
12/03 Section 00100 Page 7
to OWNER with the required Bonds. Within ten (10) days thereafter, OWNER
shall deliver one fully signed counterpart to CONTRACTOR. Each
counterpart is to be accompanied by a complete set of the Drawings with
appropriate identification.
20.0 TAXES.
OWNER is exempt from Colorado State Sales and Use Taxes on materials and
equipment to be incorporated in the Work. Said taxes shall not be
included in the Contract Price. Reference is made to the General and
Supplementary Conditions.
21.0 RETAINAGE.
Provisions concerning retainage are set forth in the Agreement.
22.0 PURCHASING RESTRICTIONS.
Purchasing restrictions: The Bidder's authorized signature of this Bid
assures the Bidder's compliance with the City's purchasing restrictions.
A copy of the resolutions are available for review in the Purchasing and
Risk Management Division or the City Clerk's office.
A. Cement Restrictions: City of Fort Collins Resolution 91-121
requires that suppliers and producers of cement or products
containing cement to certify that the cement was not made in cement
kilns that burn hazardous waste as a fuel.
23.0 COLLUSIVE OR SHAM BIDS.
Any Bid deemed by the City in its sole discretion to be a collusive or
sham Bid will be rejected and reported to authorities as such. Your
authorized signature of this Bid assures that such Bid is genuine and is
not a collusive or sham Bid.
24.0 BID RESULTS.
For information regarding results for individual Bids send a self-
addressed, self -stamped envelope and a Bid tally will be mailed to you.
Bid results will be posted in the Purchasing office seven (7) days after
the Bid Opening.
END OF SECTION
12/03 Section 00100 Page 8
SECTION 00300
BID FORM
SECTION 00300
BID FORM
PROJECT:6019 Community Parks Sidewalks
Place
Date
1. In compliance with your Invitation to Bid dated
and subject to all conditions thereof, the undersigned
a (Corporation, Limited Liability Company, Partnership, Joint Venture, or
Sole Proprietor) authorized to do business in the State of Colorado
hereby proposes to furnish and do everything required by the Contract
Documents to which this refers for the construction of all items listed
on the following Bid.Schedule or Bid Schedules.
2. The undersigned Bidder does hereby declare and stipulate that this
proposal is made in good faith, without collusion or connection with any
other person or persons Bidding for the same Work, and that it is made in
pursuance of and subject to all the terms and conditions of the
Invitation to Bid and Instructions to Bidders, the Agreement, the
detailed Specifications, and the Drawings pertaining to the Work to be
done, all of which have been examined by the undersigned.
3
Accompanying this Bid is a
bond in the sum of
and Instructions to Bidders.
certified or cashier's check or standard Bid
) in accordance with the Invitation To Bid
4. The undersigned Bidder agrees to execute the Agreement and a Performance
Bond and a Payment Bond for the amount of the total of this Bid within
fifteen (15) calendar days from the date when the written notice of the
award of the contract is delivered to him at the address given on this
Bid. The name and address of the corporate surety with which the Bidder
proposes to furnish the specified performance and payment bonds is as
follows:
5. All the various phases of Work enumerated in the Contract Documents with
their individual jobs and overhead, whether specifically mentioned,
included by implication or appurtenant thereto, are to be performed by
the CONTRACTOR under one of the items listed in the Bid Schedule,
irrespective of whether it is named in said list.
6. Payment for Work performed will be in accordance with the Bid Schedule or
Bid Schedules subject to changes as provided in the Contract Documents.
7. The undersigned Bidder hereby acknowledges receipt of Addenda No.
through
7/96 Section 00300 Page 1
CONTRACT DOCUMENTS TABLE OF CONTENTS
Section Pages
BID INFORMATION
00020 Notice Inviting Bids 00020-1 - 00020-2
00100 Instruction to Bidders 00100-1 - 00100-9
00300 Bid Form 00300-1 - 00300-3
00400 Supplements to Bid Forms 00400-1
00410 Bid Bond 00410-1 - 00410-2
00420 Statements of Bidders Qualifications 00420-1 - 00420-3
00430 Schedule of Major Subcontractors 00430-1
CONTRACT DOCUMENTS
00500 Agreement Forms 00500-1
00510 Notice of Award 00510-0
00520 Agreement 00520-1 - 00520-6
00530 Notice to Proceed 00530-1
00600
Bonds and Certificates
00600-1
00610
Performance Bond
00610-1 - 00610-2
00615
Payment Bond
00615-1 - 00615-2
00630
Certificate of Insurance
00630-1
00635
Certificate of Substantial Completion
00635-1
00640
Certificate of Final Acceptance
00640-1
00650
Lien Waiver Release(Contractor)
00650-1 - 00650-2
00660
Consent of Surety
00660-1
00670
Application for Exemption Certificate
00670-1 - 00670-2
CONDITIONS OF THE CONTRACT
00700 General Conditions
00700-1 - 00700-34
Exhibit GC -A
GC -Al - GC-A2
00800 Supplementary Conditions
00800-1 - 00800-2
00900 Addenda, Modifications, and Payment
00900-1
00950 Contract Change Order
00950-1 - 00950-2
00960 Application for Payment
00960-1 - 00960-4
SPECIFICATIONS
SOILS REPORT
BID SCHEDULE (Base Bid)Lump Sum
Bid Items are described in Section 01800
BID
ITEM #
DESCRIPTION
ESTIMATED
QUANTITY
UNIT
UNIT
PRICE
ITEM
TOTAL
01
Mobilization
1
LS
02
Traffic control
1
LS
CITY PARK
03
Remove curb and gutter
50
LF
04
Remove conc. walk/ramp
60
SF
05
Earthwork - Unclassified Excavation
45
Cy
06
5" Concrete flatwork
3,510
SF
07
ADA Pedstrian ramps
3
Ea
08
Sod replacement
2,344
SF
LEE MARTINEZ PARK
09
Remove curb and gutter
16
LF
10
Earthwork - Unclassified Excavation
116
Cy
11
4" irrigation sleeve
3
Ea
12
5" Concrete flatwork
6,420
SF
13
ADA Pedstrian ramps
1
Ea
14
Sod replacement
4,280
SF
EDORA PARK
15
Remove curb and gutter
40
LF
16
Remove and relocate existing frisbee
golf tee
2
Ea
17
Earthwork - Unclassified Excavation
130
Cy
18
4" irrigation sleeve
4
Ea
19
5" Concrete flatwork
7,122
SF
20
ADA Pedstrian ramps
2
Ea
21
Sod replacement
4,715
SF
ROLLAND MOORE PARK
22
Remove curb and gutter
48
LF
23
Remove existing tree
1
Ea
24
Earthwork - Unclassified Excavation
232
Cy
25
4" irrigation sleeve
3
Ea
26
5" Concrete flatwork
12,900
SF
27
ADA Pedestrian ramps
2
Ea
7/96 Section 00300 Page 2
BID
ITEM #
DESCRIPTION
ESTIMATED
QUANTITY
UNIT
UNIT
PRICE
ITEM
TOTAL
28
Sod replacement
8,600
SF
29
Remove existing walk
1,620
SF
30
Remove & transport existing 35' bridge
to storage yard
1
LS
31
Remove existing curb and gutter
90
LF
32
Earthwork - Excavation &
Embankment
150
CY
33
Earthwork - Import Embankment C.I.P.
1,592
CY
34
Ped. Bridge Abutment w/ Helix pier
system
2
Ea
35
60' Pedestrian Bridge Installation
1
Ea
36
8" PVC Culvert
172
LF
37
Culvert Headwall
2
Ea
38
Concrete channel and sidewalk culvert
- 2' wide
2
Ea
39
4' Pan and Aprons
350
SF
40
ADA Pedestrian ramps
5
Ea
41
Curb and gutter w/ 1' pan
750
LF
42
5" Concrete flatwork
6,304
SF
43
6" Concrete flatwork - pad 20' x 24'
480
SF
44
6" Concrete Pavement - Parking Lot
13,500
SF
45
Asphalt Patching
600
SF
46
Topsoil - 4" all nonpaved areas
242
CY
47
Non -Irrigated Seed and mulch
21,395
SF
48
Striping
1
LS
TOTAL OF BASE BID
$
Dollars
(written)
Contractor
Signature
Date
7/96 Section 00300 Page 3
9. PRICES
The foregoing prices shall include all labor, materials, transportation,
shoring, removal, dewatering, overhead, profit, insurance, etc., to cover
the complete Work in place of the several kinds called for.
Bidder acknowledges that the OWNER has the right to delete items in the
Bid or change quantities at his sole discretion without affecting the
Agreement or prices of any item so long as the deletion or change does
not exceed twenty-five percent (250) of the total Agreement Price.
RESPECTFULLY SUBMITTED:
Signature
Title
License Number (If Applicable)
(Seal - if Bid is by corporation)
Attest:
Address
Telephone
Date
7/96 Section 00300 Page 4
SECTION 00400
SUPPLEMENTS TO BID FORMS
00410 Bid Bond
00420 Statement of Bidder's Qualifications
00430 Schedule of Subcontractors
7/96 Section 00410 Page 1
SECTION 00410
BID BOND
KNOW ALL MEN BY THESE
as Principal, and
hereby held and firmly bound
OWNER, in the sum of $
payment of which, well and truly to be made, we hereby jointly
bind ourselves, successors, and assigns.
PRESENTS
unto the Ci
that we, the
of Fort Collins
undersigned
as Surety, are
Colorado, as
for the
and severally
THE CONDITION of this obligation is such that whereas the Principal has
submitted to the City of Fort Collins, Colorado the accompanying Bid and
hereby made a part hereof to enter into a Construction Agreement for the
construction of Fort Collins Project, 6019 Community Parks Sidewalks.
NOW THEREFORE,
(a) If said Bid shall be rejected, or
(b) If said Bid shall be accepted and the Principal shall execute and deliver
a Contract in the form of Contract attached hereto (properly completed in
accordance with said Bid) and shall furnish a BOND for his faithful
performance of said Contract, and for payment of all persons performing
labor or furnishing materials in connection therewith, and shall in all
other respects perform the Agreement created by the acceptance of said
Bid, then this obligation shall be void; otherwise the same shall remain
in force and effect, it being expressly understood and agreed that the
liability of the Surety for any and all claims hereunder shall, in no
event, exceed the penal amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the
obligations of said Surety and its BOND shall be in no way impaired or
affected by any extension of the time within which the OWNER may accept such
Bid; and said Surety does hereby waive notice of any such extension.
Surety Companies executing bonds must be authorized to transact business in
the State of Colorado and be accepted by the OWNER.
7/96 Section 00410 Page 2
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands
and seals this day of , 20 , and such of them as are
corporations have caused their corporate seals to be hereto affixed and these
presents to be signed by their proper officers, the day and year first set
forth above.
PRINCIPAL
Name:
Address:
By:
Title:
ATTEST:
By:
(SEAL)
SURETY
By:
Title:
(SEAL)
7/96 Section 00410 Page 3
SECTION 00420
STATEMENT OF BIDDER'S QUALIFICATIONS
All questions must be answered and the data given must be clear and
comprehensive. This statement must be notarized. If necessary, questions may
be answered on separate attached sheets. The Bidder may submit any additional
information he desires.
1. Name of Bidder:
2. Permanent main office address:
3. When organized:
4. If a corporation, where incorporated:
5
How many years have you been engaged in the contracting business
under your present firm or trade name?
6. Contracts on hand: (Schedule these, showing the amount of each
contract and the appropriate anticipated dates of completion.)
7. General character of Work performed by your company:
0
Have you ever failed to complete any Work awarded to you?
If so, where and why?
9. Have your ever defaulted on a contract?
If so, where and why?
10. Are you debarred by any government agency?
If yes list agency name.
7/96 Section 00420 Page 1
11. List the more important projects recently completed by your company,
stating the approximate cost of each, and the month and year completed,
location and type of construction.
12. List your major equipment available for this contract.
13. Experience in construction Work similar in importance to this
project:
14. Background and experience of the principal members of your organization,
including officers:
15. Credit available: $
16. Bank reference:
17. Will you, upon request, fill out a detailed financial statement and
furnish any other information that may be required by the OWNER?
18. Are you licensed as a General CONTRACTOR?
If yes, in what city, county and state? What
class, license and numbers?
19. Do you anticipate subcontracting Work under this
Contract?
If yes, what percent of total contract?
and to whom?
20. Are any lawsuits pending against you or your firm at this time?
IF yes, DETAIL
7/96 Section 00420 Page 2
21. What are the limits of your public liability? DETAIL
What company?
22. What are your company's bonding limitations?
23. The undersigned hereby authorizes and requests any person, firm or
corporation to furnish any information requested by the OWNER in
verification of the recital comprising this Statement of Bidder's
Qualifications.
Dated at this day of
Name of Bidder
By:
Title:
State of
County of
20_
being duly sworn deposes and says that he
is of and that
(name of organization)
the answers to the foregoing questions and all statements therein contained
are true and correct.
Subscribed and sworn to before me this day of
, 20
Notary Public
My commission expires
7/96 Section 00420 Page 3
SECTION 00430
SCHEDULE OF SUBCONTRACTORS
List all subcontractors for the work items listed below and all subcontractors
performing over 100 of the contract.
ITEM
SUBCONTRACTOR
7/96 Section 00430 Page 1
SECTION 00020
INVITATION TO BID
07/2001 Section 00020 Page 2
SECTION 00500
AGREEMENT FORMS
00510 Notice of Award
00520 Agreement
00530 Notice to Proceed
SECTION 00510
NOTICE OF AWARD
Date:
TO:
PROJECT: 6019 Community Parks Sidewalks
OWNER: CITY OF FORT COLLINS
(hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated , 20 for the above
project has been considered. You are the apparent successful Bidder and have
been awarded an Agreement for 6019 Community Parks Sidewalks.
The Price of your Agreement is
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 , 20_
1. You must deliver to the OWNER three (3) fully executed counterparts of
the Agreement including all the Contract Documents. Each of the Contract
Documents must bear your signature on the cover of the page.
2. You must deliver with the executed Agreement the Contract Security
(Bonds) as specified in the Instructions to Bidders, General Conditions
(Article 5.1) and Supplementary Conditions.
Failure to comply with these conditions within the time specified will entitle
OWNER to consider your Bid abandoned, to annul this Notice of Award and to
declare your Bid Security forfeited.
Within ten (10) days after you comply with those conditions, OWNER will return
to you one (1) fully -signed counterpart of the Agreement with the Contract
Documents attached.
City of Fort Collins
OWNER
James B. O'Neill, II, CPPO, FNIGP
Director of Purchasing & Risk Management
9/12/01 Section 00510 Page 1
CONTRACTOR shall pay OWNER the amounts set forth hereafter.
1) Substantial Completion:
Three Hundred Dollars ($300) for each calendar day or fraction
thereof that expires after the Ninety (90) calendar day period for
Substantial Completion of the Work until the Work is Substantially
Complete.
2) Final Acceptance:
After Substantial Completion, One Hundred Fifty Dollars ($150) for
each calendar day or fraction thereof that expires after the
Fifteen (15) calendar day period for Final Payment and Acceptance
until the Work is ready for Final Payment and Acceptance.
ARTICLE 4. CONTRACT PRICE
4.1. OWNER shall pay CONTRACTOR for performance of the Work in
accordance with the Contract Documents in current funds as follows: ($ ),
$ Dollars, in accordance with Section 00300, attached and incorporated
herein by this reference.
ARTICLE 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with
Article 14 of the General Conditions. Applications for Payment will be
processed by ENGINEER as provided in the General Conditions.
5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account
of the Contract Price on the basis of CONTRACTOR's Application for Payment as
recommended by ENGINEER, once each month during construction as provided
below. All progress payments will be on the basis of the progress of the Work
measured by the schedule of values established in paragraph 2.6 of the General
Conditions and in the case of Unit Price Work based on the number of units
completed, and in accordance with the General Requirements concerning Unit
Price Work.
5.1.1. Prior to Substantial Completion, 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
9/12/01 Section 00520 Page 2
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
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
9/12/01 Section 00520 Page 3
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.
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
7.2.2Certificate 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:
CITY PARK SIDEWALK PLAN 1
LEE MARTINEZ PARK SIDEWALK PLAN 2
EDORA PARK SIDEWALK PLAN 3
ROLLAND MOORE SIDEWALK PLAN4
ROLLAND MOORE BRIDGE PLAN AND PROFILE 5
ROLLAND MOORE PARKING LOT GRADING PLAN 6
ROLLAND MOORE HORIZONTAL CONTROL PLAN 7
BRIDGE FOUNDATION PLAN 8
SITE DETAILS 9
The Contract Drawings shall be stamped "Final for Construction" and dated.
Any revisions made shall be clearly identified and dated.
7.4. Addenda Numbers
to , inclusive.
9/12/01 Section 00520 Page 4
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 5
OWNER: CITY OF FORT COLLINS
By:
JAMES B. O'NEILL II, CPPO, FNIGP
DIRECTOR OF PURCHASING
AND RISK MANAGEMENT
Date:
Attest:
City Clerk
Address for giving notices:
P. 0. Box 580
Fort Collins, CO 80522
Approved as to Form
Assistant City Attorney
CONTRACTOR:
Title:
Date:
(CORPORATE SEAL)
Attest:
Address for giving notices:
LICENSE NO.:
9/12/01 Section 00520 Page 6
SECTION 00530
NOTICE TO PROCEED
Description of Work: 6019 Community Parks Sidewalks
To:
This -notice is to advise you:
That the contract covering the above described Work has been fully executed by
the CONTRACTOR and the OWNER.
That the required CONTRACTOR's Performance Bond and Payment Bond have been
received by the OWNER.
That the OWNER has approved the said Contract Documents.
Therefore, as the CONTRACTOR for the above described Work, you are hereby
authorized and directed to proceed within ( ) calendar days from
receipt of this notice as required by the Agreement.
Dated this day of , 20
The dates for Substantial Completion and Final Acceptance shall be ,
and , 20 , respectively.
City of Fort Collins
OWNER
By:
Title:
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this
day of , 20
CONTRACTOR:
By:
Title:
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
SECTION 00610
PERFORMANCE BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS: that
(Firm)
(Address)
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as
the "Principal" and
(Firm)
(Address)
hereinafter referred to as "the Surety", are held and firmly bound unto City
of Fort Collins, 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal
Corporation) hereinafter referred to as the "OWNER", in the penal sum of
in lawful money of the United States,
for the payment of which sum well and truly to be made, we bind ourselves,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered
into a certain Agreement with the OWNER, dated the day of ,
20_, a copy of which is hereto attached and made a part hereof for the
performance of The City of Fort Collins project, 6019 Community Parks
Sidewalks.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its
duties, all the undertakings, covenants, terms, conditions and agreements of
said Agreement during the original term thereof, and any extensions thereof
which may be granted by the OWNER, with or without Notice to the Surety and
during the life of the guaranty period, and if the Principal shall satisfy all
claims and demands incurred under such Agreement, and shall fully indemnify
and save harmless the OWNER from all cost and damages which it may suffer by
reason of failure to do so, and shall reimburse and repay the OWNER all outlay
and expense which the OWNER may incur in making good any default then this
obligation shall be void; otherwise to remain in full force and effect.
7/96 Section 00610 Page 1
SECTION 00020
INVITATION TO BID
Date: December 6, 2006
Sealed Bids will be received by the City of Fort Collins (hereinafter referred
to as OWNER), at the office of the Purchasing Division, 2:00 P.M., our clock,
on December 29, 2006, for the Community Parks Sidewalks; BID NO. 6019. If
delivered, they are to be delivered to 215 North Mason Street, 2°d Floor, Fort
Collins, Colorado, 80524. If mailed, the mailing address is P. 0. Box 580,
Fort Collins, CO 80522-0580.
At said place and time, and promptly thereafter, all Bids that have been duly
received will be publicly opened and read aloud.
The Contract Documents provide for the construction of concrete sidewalks, ADA
access ramps, demolition, concrete parking lot, pedestrian bridge and
foundations and related site work within four community parks: City Park, Lee
Martinez Park, Rolland Moore Park and Edora Park.
All Bids must be in accordance with the Contract Documents on file with The
City of Fort Collins, 215 North Mason St., 2nd floor, Fort Collins, Colorado
80524.
Contract Documents will be available December 7, 2006.
A prebid conference and job walk with representatives of prospective Bidders
will be held at 215 N. Mason Conference Room 2E, on December 14, 2006, at
10:00 a.m., Fort Collins.
07/2001 Section 00020 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 date of 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 day of ,
20_, a copy of which is hereto attached and made a part hereof for the
performance of The City of Fort Collins project, 6019 Community Parks
Sidewalks.
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: Principal
By:
(Corporate Seal)
(Title)
(Address)
IN PRESENCE OF: Other Partners
IN PRESENCE OF: Surety
By:
By:
(Surety Seal)
(Address)
NOTE: Date of Bond must not be prior to date of Agreement.
If CONTRACTOR is Partnership, all partners should execute Bond.
7/96 Section 00615 Page 2
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall insert his own standard form for Certificate of Insurance.
7/96 Section 00630 Page 1
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS
(OWNER)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: 6019 Community Parks Sidewalks
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE:
OWNER: Citv of Fort Collins
CONTRACTOR:
CONTRACT DATE:
The Work performed under this contract has been inspected by authorized
representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or
specified part of the project, as indicated above) is hereby declared to be
substantially completed on the above date.
A tentative list of items to be completed or corrected is appended hereto.
This list may not be exhaustive, and the failure to include an item on it does
not alter the responsibility of the CONTRACTOR to complete all the Work in
accordance with the Contract Documents.
ENGINEER
AUTHORIZED REPRESENTATIVE DATE
The CONTRACTOR accepts the above Certificate of Substantial Completion and
agrees to complete and correct the items on the tentative list within the time
indicated.
By:
CONTRACTOR
AUTHORIZED REPRESENTATIVE DATE
The OWNER accepts the project or specified area of the project as
substantially complete and will assume full possession of the project or
specified area of the project at 12:01 a.m., on The
responsibility for heat, utilities, security, and insurance under the Contract
Documents shall be as set forth under "Remarks" below.
CITY OF FORT COLLINS, COLORADO By:
OWNER
REMARKS:
AUTHORIZED REPRESENTATIVE DATE
7/96 Section 00635 Page 1
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
TO:
Gentlemen:
, 20
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, 6019 Community Parks Sidewalks.
A check is attached hereto in the amount of $
Payment for all Work done, subject to the terms
which are dated
as Final
of the Contract Documents
In conformance with the Contract Documents for this project, your obligations
and guarantees will continue for the specified time from the following
date:
Sincerely,
OWNER: City of Fort Collins
By:
Title:
ATTEST:
Title:
7/96 Section 00640 Page 1
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM:
PROJECT: 6019 Community Parks Sidewalks
(CONTRACTOR)
1. The CONTRACTOR acknowledges having received payment, except retainage
from the OWNER for all work, labor, skill and material furnished,
delivered and performed by the CONTRACTOR for the OWNER or for anyone in
the construction, design, improvement, alteration, addition or repair of
the above described project.
2. In consideration of such payment and other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged,
the CONTRACTOR voluntarily waives all rights, claims and liens, including
but not limited to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270
a and b), stop notices, equitable liens and labor and material bond
rights which the CONTRACTOR may now or may afterward have, claim or
assert for all and any work, labor, skill or materials furnished,
delivered or performed for the construction, design, improvement,
alteration, addition or repair of the above described project, against
the OWNER or its officers, agents, employees or assigns, against any fund
of or in the possession or control of the OWNER, against the project or
against all land and the buildings on and appurtenances to the land
improved by the project.
3. The CONTRACTOR affirms that all work, labor and materials, furnished,
delivered or performed to or for the construction, design, improvement,
alteration, addition or repair of the project were furnished, delivered
or performed by the CONTRACTOR or its agents, employees, and servants, or
by and through the CONTRACTOR by various Subcontractors or materialmen or
their agents, employees and servants and further affirms the same have
been paid in full and have released in full any and all existing or
possible future mechanic's liens or rights or claims against the project
or any funds in the OWNER'S possession or control concerning the project
or against the OWNER or its officers, agents, employees or assigns
arising out of the project.
4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender,
if any, and the Surety on the project against and from any claim
hereinafter made by the CONTRACTOR'S Subcontractors, materialmen,
employees, servants, agents or assigns against the project or against the
7/96 Section 00650 Page 1
OWNER or its officers, employees, agents or assigns arising out of the
project for all loss, damage and costs, including reasonable attorneys
fees, incurred as a result of such claims.
5. The parties acknowledge that the description of the project set forth
above constitutes and adequate description of the property and
improvements to which this Lien Waiver Release pertains. It is further
acknowledged that this Lien Waiver Release is for the benefit of and may
be relied upon by the OWNER, the lender, if any, and Surety on any labor
and material bonds for the project.
Signed this day of , 20
CONTRACTOR
HE
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:
PROJECT: 6019 Community Parks Sidewalks
CONTRACT DATE:
In accordance with the provisions of the Contract between the OWNER and the
CONTRACTOR as indicated above, for
(Surety)
on bond of
hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final
Payment to the CONTRACTOR shall not relieve the Surety Company of any of its
obligations to the OWNER, as set forth in the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this
day of ,
(Surety Company)
MVA
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s)-in-
Fact.
7/96 Section 00660 Page 1
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
DR 0172 (12198) C
COLORADO DEPARTMENT OF REVENUE V
DENVERC080261 (303) 732-2418 CONTRACTORAPPUCATION
FOR
EXEMPTION CERTIFICATE
Pursuantto Statute
Sec Om 3M.114(1)(a)QCIX)
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 materialswhich are purchased, rented, or consumed by the contractor and which do not become part oft he structure,
highway, road, street, or other public works awned and used by the exempt organization.
Any unauthorized use oft he exemption certificate wil I 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 ofthe subcontractors. (See reversesio'e).
FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED.
a;tationAccourt No, to be assigned by
Period
0170-750 (999) $0.00
89 -
APu a 5
3¢
Trade name ner, partner. or corporate name
Mailing address y, State.Zip) . on act Person
- ail address
Federal Employer's Identification Number
Bid amount foryour contractt
as um er:
Business telephone number
Galorado wtHrolding tax awount number
Name or exempt organlzaton as shown on con Ir c1l
Exemptorganzaton s number
98 -
Ad ress o exempt organization y, State.Zip)-
Principal contact at exempt organaabon
Principal con ao(s telephone number
Physical location of projec site (give ac al a ress When applicable and cites an or Countyties) where project Is located)
Scheduled Moth ua' Year Estimated Month Jay ear
constmction start date: romplelion dale
1 declare under penalty of perjury in the second degree that the statements made in this application are true and
complete to the best of my knowledge.
Signature or owner. partner or corpora e o cer
Ti U e of corpora te of1cer:
o le
UU NU 1 VVKI I t HtIU VV 1 KIS LINt
Section 00670 Page 1
The Contract Documents and Construction Drawings may be examined online at:
1. City of Fort Collins BuySpeed: https://secure2.fcgov.com/bso/login.jsp
2. Mercury-LDO Reprographics: www.mercury-ldo.com
Copies of the Contract Documents, complete with Construction Specifications
and Drawings, may be viewed and purchased at:
1. Mercury LDO Reprograhics:
• FORT COLLINS: 422 S. Link Lane, Ft. Collins, CO 80524
Ph: 970-484-1201, Fax: 970-221-0404
• ENGLEWOOD: 9632 E. Arapahoe, Englewood, CO. 80112
Ph: 303-790-7169, Fax: 303-792-2936
• DENVER: 860 Bryant Street, Denver, CO. 80204
Ph: 303-893-8701, Fax: 303-893-0617
• COLORADO SPRINGS:11 E Las Vegas, Colorado Springs, CO. 80903
Ph: 719-231-8121, Fax: 719-633-5710
• LODO: 1660 Wynkoop Ste. 130, Denver, CO. 80202
Ph: 303-785-2520, Fax: 303-785-2522
• BOULDER: 2575 Pearl St. Unit C., Boulder, CO. 80302
Ph: 303-539-1350, Fax: 303-539-1356
2. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado.
07/2001 Section 00020 Page 2
Special Notice
Contractors who have completed this application in the past, please note the following changes in procedure:
The Department will no longer issue individual Certificates of exem 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. DO NOT enter what you believe to be the next in
sequence as this may delay processing of your application.
Section 00670 Page 2
SECTION 00700
GENERAL CONDITIONS
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 1910-9 (1990 EDITION
WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
TABLE OF CONTENTS OF GENERAL CONDITIONS
Article or Paragraph
Page
Article or Paragraph
Page
Number & Title
Number
Number & Title
Number
I . DEFINITIONS
1
2. PRELIMINARY MATTERS
3
1.1
Addenda.............................................1
2.1
Delivery of Bonds ........ ...................3
1.2
Agreement .... .......................... ._..........
1
2.2
Copies of Documents_.,... ... ..........,...3
1.3
Application for Payment_,,,,,.___,,,..__
„ 1
2.3
Commencement of Contract
1.4
Asbestos ..._,,,.._._,,,,,,,,,,,,,,,,,,,,,,,,_
....... I
Times; Notice to Proceed.,.,;,,...,,,,,
3
1.5
Bid ......... ...... ._.......
_,.,,,1
2.4
Starting the Work ...._... _........
3
1.6
Bidding Documents ..........................
___]
2.5-2.7
Before Starting Construction;
1.7
Bidding Requirements _.__,,,,,,,,,,.........
CON'TRACTOR'sResponsibility
1.8
Bonds........._....._........ _......_........_...I
to Report; PreliminarySchediles;
1.9
Change Order .............. I ...... ...........
......I
Delivery of Certificates of
1.10
Contract Documents
1
Insurance
3-4
1.11
Contract Price
1
2.8
Preconstruction Conference
4
1.12
Contract Times....................................1
2.9
Initially Acceptable Schedules ..........
4
1.13
CONTRACTOR ......................
_ _1
1.14
defective ......
1
3. CONTRACT DOCUMENTS: INTENT,
1.15
Drawings ........ ....................................
.I
AMENDING, REUSE ............................ ..............4
1.16
Effective Date of the Agreement............1
3.1-3.2
Intent ............................................
4
1.17
ENGINEER ............ I ...........
.. 1
3.3
Reference to Standards and Speci-
1.18
ENGINEER'S Consultant ....................
1
fications of Technical Societies;
1,19
Field Order
1
Reporting and Resolving Dis-
1.20
General Requirements .........................2
crepancies............. ,,,,...... ,,,.._....
4-5
1,21
Hazardous Waste ................._.._„.,..._,.2
3.4
Intent of Certain Terms or
1.22.a
Laws and Regulations; Laws or
Adjectives..., .................................
5
Regulations.....,,_,. _._........................2
3.5
Amending Contract Docunents_........
5
1.22.11
Legal Holidays .......... .......
2
3.6
Supplementing Contract
1.23
Liens
2
Documents
5
1.24
Milestone
2
3.7
Reuse of Docum ents
5
1.25
Notice of Award ..................................
2
1.26
Notice to Proceed, ................................
2
4, AVAILABILITY
OF LANDS;
1.27
OWNER._........................................„2
SUBSURFACE AND PHYSICAL CONDITIONS;
1.28
Partial Utilization
2
REFERENCE POINTS
5
1.29
PCBs............._.............._................_.2
4.1
Availability of Lands .....................
5-6
1.30
Petroleum ...................................
.._.,.2
4,2
Subsurface and Physical
1.31
Project............._.................................2
Conditions .... ..... ..........................
6
1.32.a
Radioactive Material.__....................._2
4.2.1
Reports and Drawings......................6
L32.b
Regular Working Hours ...
2
4.2.2
Limited Reliance by CONTRAC-
133
Resident Project Representative ...._,,....2
....._
TOR Authorized; Technical
1.34
Samples ................ _............................2
Data ..... ............ _........................
.6
1.35
Shop Drawings ..................... ...............
2
4.2.3
Notice of Differing Subsurface
1,36
Specifications ..................... ...............
2
or Physical Conditions ...................
1.37
Subcontractor
2
4.2.4
ENGINEER sReview ..._, _...._,,,.6
1.38
Substantial Completion,......,_ ..............
2
4.2.5
Possible Contract Documents
1.39
Supplementary Conditions ...............
2
Change ....... ._._,..__......_......._......6
1,40
Supplier ... .................................
_......... 2
4.2.6
Possible Price and Times
1.41
Underground Facilities ... _... ,,,,._,......
2-3
Adjustments ............ ..................6-7
1A2
Unit Price Wort:..._.,. .............. _...........
3
4.3
Physical Conditions --Underground
1.43
Work
3
Facilities -
7
L44
Work Change Directive ... ..... .......
_3
4.3.1
Shown or Indicated..._ .... ........__,7
IA5
Written Amendment. ..___._..,_,...,_,..3
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 9199)
Article or Paragraph
Page
Article or Paragraph
Page
Number & Title
Number
Number &
Title
Number
4.5
Asbestos, PCBs, Petroleum,
6,25
Submittal Proceedures; CON -
Hazardous Waste or
TRACTOR's Review Prior
Radioactive Material....................7-8
to Shop Drawing or Sample
Submittal
16
S. BONDS AND INSURANCE .............................._.
8
6.26
Shop Drawing & Sample Submit-
5.1-5.2
Performance, Payment and Other
tals Review by ENGINEER ......
16-17
Bonds ............. ................ I .................
8
6'27
Responsibility for Variations
5.3
Licensed Sureties and Insurers;
From Contract Documents .... ..,,,...17
Certificates of Insurance8
6,28
Related Work Performed Prior
5.4
CONTRACTOR's Liability
to ENGINEER'S Review and
Insurance ,,,,,,,,,,,,,,,,,,,,9
Approval of Required
5.5
OWNER'sLiabilityInsurance..............9
Submittals_..,.,...,.....,,,,...,,,,,_.-_.„17
5.6
Property Insurance ......... ..........9-10
6.29
Continuing the Work $.-„_„
.... ,17
5.7
Boiler and Machinery or Addi-
6.30
CONTRACTOR's General
tional Property Insurance .... .......
... ...10
Warranty and Guarantee„_.,17
5.8
Notice of Cancellation Proasion,....,,,,
10
6.31-6.33
Indemnification .........................19
17-
5.9
CONTRACTOR's Responsibility
6.34
Survival of Obligations,,,,,,,,,,,,,,,,,_
18
for Deductible Amounts ....................
10
5.10
Other Special Insurance ......................
10
7, OTHER WORK ........ ............. I ....... I ....... _............
I8
5.11
Waiver of Rights................................11
7.1-7.3
Related Work at Site ........................
18
5.12-5.13
Receipt and Application of
7.4
Coordination,,,,_..,.,,, _....................18
Insurance Proceeds ......................
10-11
5.14
Acceptance of Bonds andInsu-
S. OWNER SRESPONSIBILITIES
........................18
ante; Option to Replace ...... _....,.......
I1
8.1
Communications to CON-
5.15
Partial Utilization --Property
TRACTOR ..... __...... .........__..._„18
Insurance .............................. ..........
11
8.2
Replacement of ENGINEER. ...........
18
8.3
Furnish Data andPay Promptly
6. CONTRACTOR'S RESPONSIBILITIES
1 I
When Due
18
6.1-6.2
Supervision and Superintendence,.....,
11
8.4
Lands and Easements; Reports
6.3-6.5
Labor, Materials and Equipment._.
I1-12
and Tests. . ............................
i 5-19
6.6
Progress Schedule.._. ,._.._..„_.............12
8.5
_ _
Insurance.__..,.._. ...............,,,_
... ,.,19
6.7
Substitutes and "Or -Equal" Items;
8.6
Change Orders....... ..... I .................19
CONTRACTORS Expense,
8.7
Inspections, Tests and
Substitute Construction
Approvals...................................19
Methods or Procedures,
8,8
Stop or Suspend Work;
ENGINEER's Evaluation
12-13
Terminate CONTRACTOR's
6.8-6.1I
Concerning Subcontractors,
Services._.._ .............._.._....__.
19
Suppliers and Others;
8.9
Limitations on OWNER'S
Waiver of Rights ..................._...13-14
Responsibilities ,...........................
19
6.12
Patent Fees and Royalties ............. ......
14
9.10
Asbestos, PCBS, Petroleum,
6.13
Permits .............................................
14
Hazardous Waste or
6.14
Laws and Regulations .......................14
Radioactive Material ...... ...............
19
6.15
Taxes ...........................................
14-15
8,11
Evidence of Financel
6.16
Use of Premises ................................15
Arrangements ................
19
6.17
Site Cleanliness .................................
15
6,18
Safe Structural Loading.__„_..............15
9. ENGINEER'S STATUS DURING
6.19
Record Documents
15
CONSTRUCTION
19
6.20
Safety and Protection ..... ...............
15-16
9A
OWNER's Representative.,.....,,,...._
19
621
Safety Representative.._.
16
22
Visits to Site
1
6.22
Hazard Communication Programs._..,16
9.3
Project Representative,_._.,,__.._
19-21
6.23
Emergencies_.....,,. _.........................
16
9A
Clarifications and Interpre-
6.24
Shop Drawings and Sam pies.............16
tations
21
9 5
Authorized Variations in 1brk
21
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph Page Article or Paragraph Page
Number & Title Number Number & Title Number
9.6
Rejecting Defective Work...................21
13.8-13.9
Uncovering Work atENGI-
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
NEERasInitial lnterpretex ..............
22
13.12
Correction Period ...... _,,,,,,,,,,,,,,,_„28
9.13
Limitations on ENGINEER's
13.13
Acceptance ofDefecrive Work .......
_28
Authority and Responsibilities— _22-23
13.14
OWNER May Correct Defective
Work .....................................
28-29
CHANGES IN THE WORK .......................................
23
10.1
OWNER's Ordered Change................23
14.
PAYMENTS TO CONTRACTOR AND
10.2
Claim for Adjustment ........................23
COMPLETION ......... ... ........ ........ I ...... I .......
....... 29
10.3
Work Not Required by Contract
14.1
Schedule of Values ......... ...............29
Documents,,,,,,,,,, I................23
14.2
Application for Progress
10.4
Change Orders .................................
23
Payment ........ .......... ....... ............
29
10.5
Notification of Surety ...........
,,,,,23
14.3
CONTRACTORs 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.. ..... ..........
25
14.13-14.14
Final Payment and Acceptance....,,,
31
11.7
Cost Records
25-26
14.15
Waiver of Claims
31-32
11.8
Cash Allowances .................... ........._26
11.9
Unit Price Work .................................
26
15,
SUSPENSION OF WORK AND
TERMINATION
...............................................
32
CHANGE OF CONTRACT TIMES...,,,,_._._...............26
15.1
OWNER May Suspend Work ..........
32
12.1
Claim for Adjustment ........................26
15.2-I5.4
OWNER May Terminate .................
12.2
Time of the Essence ..........................26
15.5
CONTRACTOR May Stop
12.3
Delays Beyond CONTRACTOR's
Work or Terminate—
Control
26-27
12.4
Delays Beyond OWNER'sand
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
17A
Cumulative Remedies.. .................
33
13.2
Access to the Work ..............................
27
17.5
Professional Fees and Court
13.3
Tests and Inspections,
Costs Included ........................I....33
CONTRACTOR'S Cooperation.._ .......
27
17.6
Applicable State Laws ... - ..... ,,,_.33-34
13A
OWNER'sResponsibilities ;
Intentionally left blank-, ..... .........
35
Independent Testing Laboratory_.,,,,
27
13.5
CONTRACTOR's
EXHIBIT GC -A:
(Optional)
Responsibilities.............................„27
Dispute Resolution Agreement. ,....... ....... .,GC-A1
13.6-13.7
Covering Work Prior to Inspec-
16.1-16.6
Arbitration._, ..
GC -A]
tion, Testing or Approval, .......
27
16.7
Mediation,
GC -Al
Iv EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
INDEX TO GENERAL CONDITIONS
City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index
Article or Paragraph
Number
Acceptance of --
Bonds and Insurance... .... ... .........................
.....5.14
defective Work............................10.4.1,
13.5. 13.13
final payment........................................9,12,
14.15
insurance ...........................................................
5.14
other Work, by CONTRACTOR ..........................7.3
Substitutes and "Or -Equal" Items
............... _._... 6.7.1
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, 13.14,4.9
Acts or Omissions--, Acts and Omissions--
CONTRACTOR.................._..............,6.9.1,
9.13.3
ENGINEER..........................................6.20,
9.13.3
OWNER ...................................................
6.20, 8.9
Addenda --definition of (also see
definition of Specifications) ,..... ,.(1.6,
1,10, 6.19), 1.1
Additional Property Insurances .........................
I....... 5.7
Adjustm ents--
Contract Price or Contract
Times ..................... ..... 1.5,
3.5, 4.1, 4.3.2, 4.5.2,
... . ........ I................4.5.3, 9.4, 9.5, 10.2-10.4,
........ .................... ..........
...11,12,14.8,15.1
progress schedule ..............................................
6.6
Agreement --
definition of ........................................................
L2
"All -Risk" Insurance, policy form.._ ...
..,,........ _........ 5.6.2
Allowances, Cash ....... .... ...... ................................11.8
Amending Contract Documents,,........
I ..................... 3.5
Amendment, Written --
in general...............1.10, 1.45,
3.5, 5,10, 5.12, 6.6.2
......................6.8.16.19, 10.1, 10.A, IL2
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 ...... ...... .......... .... I ...................
_....,1.3
ENGINEER's Responsibility ...............................
9.9
final payment ................. 9.13.4, 9.13.5, 14.12-14.15
in general ..........................2.8,
2.9, 5.6.4, 9.10, 15.5
progress payment... ...... ............
........ 14,1-14.7
review of ...................................................
.14.4-14.7
Arbitration....................................................
16.1-16.6
Asbestos --
claims pursuant thereto....._...._.,.....__..4.5.2,
4.5.3
CONTRACTOR authorized to stop
Work ..... .__..4.52
definition o#,_................ _
.
.4
.........................
Article or Paragraph
Number
OWNER responsibility for ....................
_....... 4.5.1, 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,
..........., 4.2.6.4, 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.. ....................... I ............
I ...... .J. 8
delivery of...................................................2.1,
5.1
final Application for Payment .....
...........14.12-14.14
general ......... ..............................
1,10, 5.1-5.3, 5.13,
.......... ............ _............
1.9.13, 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
..... _.1,39, 6.30.2.3,
............
14.10
Certificates of Inspection. ...................9,13.4,
Certificates
13.5, 14.12
Certificates of Insurance,,.......,, _ 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, 139,
„.,...13.13, 13.14,
14 7, 15 L 15.5
CONTRACTOR's fee, ......
............ 11.6
Cost of the Work
general...............................................11.4-11.7
Exclusions to,
11.5
CostRecords.....................................................11.7
in general_,.,1.19, 1.44, 9.11,
10 4.2, 10.4.3, 11
Lump Sum Pricng.._........... .. _....
11.3.2
Notification of Surety_...__,.,..,.
10.5
Scope of._ ..... _..... ....... .
_... ....
Testing and Inspection,
Uncovering the Work.......... _
...................... 13.9
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY Of FORT COLLINS MODIF1CAIIONS (REV 9/99)
Unit Price Work 11.9
...........................................
Article or Paragraph
Number
Value of Work, ...
------- .........11.3
Change in Contract Times --
Claim for times adjustment ........
4.1, 4.2.6, 4.5, 5.15,
........ I... 6.8.2, 9.4, 9.5, 9.11,
10.2, 10.5, 12.1,
......... 13.9, 13.13, 13.14, 14.7, 15.1, 15.5
Contractual time limits......................................
12.2
Delays beyond CONTRACTOR'S
control........................................................12.3
Delays beyond OWNER'S and
CONTRACTOR'S control ............
................. 1.2.4
Notification of surety ...... ................
..I . ,...-_.........10.5
Scope of change........................................10.3-10.4
Change Orders --
Acceptance of Defective Work,,,,,,,,,,,,,,,,,,,,,,,,,
13.13
Amending Contract Documents ..........................
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
F,NGINFF-Rs responsibility.......
9.8, 10.4, 11.2, 12.1
execution of.........._.........._..............._........_...10.4
Tndemnifiction .........................0.12,
6.16, 6.31-6,33
Insurance, Bonds and.......................5.10,
5.13, 10.5
OWNER may terminate
15.2-15.4
OWNER's Responsibility ............................
8.6, 10.4
Physical Conditions --
Subsurface and..............................................4.2
Underground Facilities--............................4.3.2
Record Documents ................ .........................
.6.19
Scope of Change.......................................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 .............
.......... ............ 10.5
OWNER'S and CONTRACTORS
responsibilities ..............................
.......... ..... 10.4
Right to an adjustment ... .... ...................
., __.10.2
Scope of change........ _ ......... _................
_ 10.3-10.4
Claims --
against CONTRACTOR„_ ..........
,_........ ,.,......... 6.16
against ENGINEER,..
6.32
against OWNER...............................................6.32
Change of Contract Price ......... ..........
,....... 9A, 1L2
Change of Cmtract Times. ....,,
_ 9.4, 12.1
CONTRACTOR's.............4, 7A,
9A, 9.5, 9.11, 10.2,
11.2, 11 9, 12-1, 13.9, 14 8,
...._..._,_....._.......................15.1, 15.5, 17.3
vi
CONTRACTOR'S Fee 1 L6
........................................
Article or Paragraph
Number
CONTRACTOR'S liability, _-_,,,_-,5.4, 6.12, 6.16, 6.31
Cost of the Work.......................................11.4,
11.5
Decisions on Disputes ....... ..................
...... 9.11, 9.12
Dispute Resolution............................................16.1
Dispute Resolution Agreement._„.. _...,...,16.1-16.6
.. ..
ENGINEER as initial interpretor.......
.. .............. 9,11
Lump Sum Pricing...........................I.............11.3.2
Notice of
17.3
OWNER's................... 9.4, 9.5, 9.11,
10.2, 11.2, 11.9
.1...... I ............. 12.1, 13.9, 13.13,
13,14, 17.3
OWNER'S 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 ...... „_.--..,
.....6.7.1.2
Time Extension ...............................„.._..,,
12.1
Time requirements..... _„..........................
_9.11, 12.1
Unit Price Work..................................._,.......11.9.3
Valueof...........................................................3.1.3
Waiver of --on Final Payment ......... _....
..14.14, 14.15
Work Change Directive ...........................
_._.....110.2
written notice required_...... _ ,.... _ _.9.11,
11.2, 12.1
Clarifications and Interpretations ............
3.6.3, 9A, 9-11
Clean Site ...................... _.....-.... _.......................6,17
Codes of Technical Society, Organization
or Association .................................................
3.3.3
Commencement of Contract Times .........................„
2.3
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.. I...........................2.9
prec onstruction...................................................
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..................I6.4
Continuing the Work „........... ..........
6.29, 10.4
Contract Documents --
Amending._.......................................................3.5
Bonds_............................_._...._........_.....__
5.1
E1CDC GENERAL CONDITIONS 1910-5 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Cash Allowances11.8
Article or Paragraph
Number
Change of Contract Price ...........................
...... 11
Change of Contract Times, ................................
- 12
Changes in the Work._,,,,.._. I .... ................
10.4-10.5
check and verify ................................................
2.5
Clarifications and
Interpretations, ........................3.2, 3.6,
9.4, 9.11
definition of .......................................................
1.10
ENGINEER as initial interpreter of ...... ......
.._... .11
ENGINEER as OWNER's representative..............9.1
gcnera13
Insurance..........................................................
5.3
Intent
3.1-3.4
minor variations in the Work.............................3.6
OWNER's responsibility to furnish data
8.3
OWNER's responsibility to make
prompt payment ..........................8.3, 14.4,
14.13
precedence ........................ ........................
3.1, 3.3.3
Record Documents .............. ....... ........................
6.19
Reference to Standards and Specifications
of Technical Societies...................................3.3
Related Work.
7.2
Reporting and Resolving Discrepancies........
2.5, 3,3
Reuse of ... _............... ..
..... .....
Supplementing.........................................
......... 3.6
Termination of ENGINEER's Employment
... ....... 8.2
Unit Price Work
11.9
variations..........................................3.6,
6,23, 6.27
Visits to Site, ENGINEERs ...............................
9.2
Contract Price --
adjustment of ................ 3.5, 4.1, 9.4, 10.3,
11.2-11.3
Changeof .... - .......................1.., _._... . _....
..... ...11
Decision on Disputes.......................................9.11
definition of.......................................................
1.11
Contract Times --
adjustment of ..........................3.5, 4.1, 9.4, 10A, 12
Change of...... _ ............................... ....... ...12.1-12.4
Commencement of ..............................................
2.3
definition of_.......................__.................._...1
12
CONTRACTOR --
Acceptance of Insurance_, ..... , _...... . ...... . .....
.... _:5,14
Communications ........... .......... ..................
6.2, 6.9.2
Continue Work ............................ .............
,29, 104
coordination and scheduling ............ ...........
...
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, 132
Safety and Protection ................. 4.3.1.2, 6.16, 6.18,
......... .....I.... ._..... 6.21-621
22, 112
Shop Drawing and Sample Review
Prior to Submittal ................... _,.....,.._....,,_..6.25
Stop Work requirements..................................4.5.2
CONIRACTOR's-
Article or Paragraph
Number
Compensation...........................................11.1-11.2
Continuing Obligation .................. I ....... ...,
... .... 14.15
Defective Work. ........... .................. 9.6, 13.10-13.14
Duty to correct defective Work ..... ..................
...13.11
Duty to Repott--
Changes in the Work caused by
Emergency__ ...........................
6.23
Defects in Work of Others
7.3
Differing conditions ,,,,,,4.2.3
Discrepancy in Documents,..,,,,, 2.5, 3.3.2, 6,14.2
Underground Facilities not indicated__...,,,,,
412
Era ergencies.............................................
........6.23
Equipment and Machinery Rental, Cost
of the Work......._......._.........................11.4.5.3
Fee --Cost Plus 1IAA6, 11.5.1,
11.6
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 .__.._
.... 6.3-6.5
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....................................................0.30
Patent Fees and Royalties, paid for by ................
6.12
Performance and Other Bonds ............................
5.1
Permits, obtained and paid for by.......................6.13
Progress Schedule ...........................2.6, 2.8,
2.9, 6.6,
15.11
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...... _..................6.29,
10.4
CONTRACTOR s expense ................. .....
... &TI
CONTRACTOR's General Warranty
and Guarantee.......................................6.30
CONTRACTOR s review prior to Shop
Drawing or Sample submittal._.. I ....
,....._6.25
Coordination of Work.,,,_. ..............................
6,92
Emergencies ...............................................
6.23
ENGTNEER's 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 amounts,insurance............._....5.9
general .......... .. .......... .. .....6, 72,
T3, 8.9
Hazardous Communication Programs...
...... .6.22
Indemnification.... ...... .,6.31-6.33
vii E1CDC. GENERAL CONDITIONS 1910-9 (1990 EDITION)
w! CITY OF FORT COLLINS MODIFICA'n ONS (REV 9199)
Labor, Materials and Equipment .... _........6.3-6.5 CONTRACTORS --other ............................................. 7
Laws and Regulations„ ....... ............6.14 Contractual Liability Insurance, ......... .....5..4.10
Liability Insurance ........................................ 5A Contractual Time Limits..........................., ... 12.2
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
ENGINEER's approval of required
submittals .............................................
6.28
safe structural loading.................................6.18
Safety and Protection ....................6.20, 7.2, 13.2
Safety Representative......... I.........................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................................6.34
Taxes.........................................................
6.15
Tests and Inspections.. ... ...
I ... 1113.5
To Report .........................
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, 139, 14.8, 15.1,
15.5, 17.3
Safety and Protection ....... ... _ I._I... 6,20-6.22,
7.2, 13.2
Safety Representative_............................_,.......6.21
Shop Drawings and Samples Submittals.. ...
624-6.28
Special Consultants........................................11.4.4
Substitute Construction Methods and Procedures., 6.7
Substitutes and "Or -Equal" Items,
Expense ....................................... 6.7.1,
6.7.2
Subcontractors, Suppliers and Others.. ..........
6.8-6.11
Supervision and Superintendence ,_,_....6.1,
6.2, 6.21
Taxes, Payment by..... ...............................
_ 6.15
Use of Premises
6.16-6.18
Warranties and guarantees.._ .... ...............6.5,
6.30
Warranty of Title_.._.,....._,, .
14.3
Written Notice Required --
CONTRACTOR stop Work or term inate... _,.,.15.5
Reports of Differing Subsurface
and Physical Conditions .......................
4.2.3
Substantial Completion ............ ....................
viii
14.8
Article or Paragraph
Number
Coordination—
CONTRACTOR s responsibility_................_,,„6.9.2
Copies of Documents ..................................
............. 2.2
Correction Period..................................................13.12
Correction, Removal or Acceptance
of Defective Work--
in general ,,,,,,,,,,,,,,,,,,,,,,,,,,,,_,,,,,10.4.1,
13.10-13.14
Acceptance ofDefective Work ,,,_,,,,,,,,,,,,,,,,,,,,,13.13
Correction or Removal of
Defective Work.................................6.30,
13.11
Correction Period
]3.12
OWNER May Correct Defective Work..............13.14
OWNER May Stop Work ................... .......
....... 13.10
Cost --
of Tests and Inspections,... _. .. .. .................
__.....13.4
Records11.7
Cost of the Work --
Bonds and insurance, additional...... _...........11.4.5.9
Cash Discounts ................................................
11.4.2
CONTRACTOR's Fee....,,.....__,.,_..,,.__...,,_...,.
1 1.6
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- I ........ .........
, 1. 11. 4. 1
performed by Subcontractors _
„_...11.4.3
Recordsl 1.7
Rentals of construction equipment
and machinery......................................11.4.5.3
Royalty payments, permits and
license fees......................................„.._,11.4.5.5
Site office and temporary facilities ................
J 1.4.5.2
Special Consultants, CONTRACTORSs_
........11.4.5
Taxes related to the Work ..............................
1.1.4.5.4.
Tests and Inspection......... I .................
13.4
Trade Discounts. ,.......... ,... .................
_,_.I..._.1L4.2
Utilities, fuel and sanitary facilities ...............11.4.5.7
Work after regular hours ............... ......
..........11.4.1
Covering Work ...... _
13.6-13.7
Cumulative Remedies ......................................
17.4-17.5
Cutting, fitting and patching.. . ..... _ ....... ....
...... . _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 GENERAL CONDITIONS
1910-8 (1990 EDITION
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Construction Document Ordering Instructions
(Download a complete PlanWell 4.0 Ordering Guide from www.planwell.com)
1.
2.
GO TO: www.mercury-ldo.com
SELECT: Denver Links: ;'Plan Well"
3. SELECT: Public Planroom: "GO"
11
Mercury/L.DO Colorado
10
PlanWelI
Digital Document Management & Distribution
User Name
Passwerd
fowffl V0111 Valsw."d,
Net a member yet?
SELECT: the desired
[t-wmza&,er,bgmo1
aldd�ng rwe
No LoWn Rettig,
'Project Number" from the list
07/2001 Section 00020 Page 3
Correction or Removal of10.4.1, 13.11
Correction Period.13.12
............................................
in general.........................................13, 14.7, 14.11
Article or Paragraph
Number
Observation by ENGINEER ........................
... I.._. 9.2
OWNER May Stop Work ........................
......... 13.10
Prompt Notice of Defects ................ ................13.1
Rejecting...........................................................9.6
Uncovering the Work.......................................13.8
Definitions ................................................................
1
Delays......................................4.1, 6.29, 12.3-12.4
Delivery of Bonds ....................................................
2.1
Delivery of certificates of insurance ...........................2.7
Determinations for Unit Prices
9.10
Differing Subsurface or Physical Conditions --
Noticeof. ........................................................
4.23
ENGINEER's Review .......................................
4.2.4
Possible Contract Docum ents Change .........
..... .4.2.5
Possible Price and Times Adjustments
....I...4.2.6
Discrepancies -Reporting
and Resolving................................2.5, 3.3.2, 6.14.2
Dispute Resolution --
Agreement ...... ................................ _.. _ ...16.1-16.6
Arbitration........
.........................................
16.1-16.5
generall6
Mediation.........................................................1.6.6
Dispute Resolution. Agreement........................16.1-16.6
Disputes, Decisions by ENGINEER .................. .............
Docum ents--
Copiesof...........................................................12
Record 6.19
Reuseof.............................................................3.7
Drawings --definition of. . ...... ............. .....................
1,15
Easements........................................I...................4.1
Effective date of Agreement -- definition of..............1.16
Emergencies ...........................................................6.23
ENGINEER --
as initial interpreter on disputes. ...............
9.11-9.12
definition of .......................................................
1.17
Limitations on authority and responsibilities...,,
9.13
Replacement of ................. ............. ...................
8.2
Resident Project Representative ...........................9.3
ENGINEER's Consultant -- definition of
....
.......
.......... 1 18
ENGINEER's--
authority and responsibility, limitations on,,....., 9.13
Authorized Variations in the Work
.......................
9.5
Change Orders, responsibility for....,,.9.7, 10, 11, 12
Clarifications and Interpretations..,.,.....,,
3.6.3, 9.4
Decisions on Disputes,........_ ...................
9.11-9.12
defective Work, notice of..................................13.1
Evaluation of Substitute Items ..........................6.73
Liability,., .... ...... ......... ........ _
6.32, 9.12
Notice Work is Acceptable.,.., ..... .,_..........
..._,14,13
Observations .... ....... .............. ............... ._.630.2,
92
ix
OWNER's Representative...............................9.1
Payments to the CONTRACTOR,
Responsibility for.....................................9.9,
14
Recommendation of Payment ....................14.4,
14.13
Article or Paragraph
Number
Responsibilities --Limitations on. . ................
9.11-9.13
Review of Reports on Differing Subsurface
and Physical Conditions .............................
4.2.4
Shop Drawings and Samples, review
responsibility ..............................................
6.26
Status During Cmstruction--
authorized variations in the Work..................9.5
Clarifications and Interpretations ...............
..9.4
Decisions on Disputes
9.11-9.12
Determinations on Unit Price ........................
9.10
ENGINEER as Initial Interpreter ,,......9.11-9.12
ENGINEER's Responsibilities ,,,,,,,,,,9.1-9.12
Limitations on ENGINEER's Authority
and Responsibilities... ........ I ..................9.13
OWNER'S Representative, ..................
__ ....... 9.1
Project Representative ......... ,,... I .........
I ....... 1.9.3
Rejecting Defective Work,.... ........................9.6
Shop Drawings, Change Orders
and Payments ... ......__..............
......... 9.7-9.9
Visits to Site .......... ........ ............_.................9.2
Unit Price determinations
1.9.10
Visits to Site.......................................................9.2
Written consent required ................. ............
7.2, 9.1
Equipment, Labor, Materials and ..... ...................
.3-6.5
Equipment rental, Cost of the Work ..................
11.4.5.3
Equivalent Materials and Equipment .......................
6.7
error or omissions
6.33
Evidence of Financial Arrangements ..,,,
8,11
Explorations of physical conditions,.,....,,_
......._.4.2.1
Fee, CONTRACTOR's--Costs Plus ..........................11.6
Field Order --
definition of.....................................................1.19
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 allowances..............................11.8
General Provisions ..........................................
17.3-1Z4
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 ................
.......... .22
Hazardous Waste --
definition of ................_.......,...........................1.21
general................ _..................... _...................4.5
OWNER's responsibility for ............ ..................
8 10
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITJON)
WI CIn OF FORT COLLINS MODIFICAVONS (REV 9/99)
Indemnification......._.....................6.12,
6.16, 6.31-6.33
Initially Acceptable Schedules,_ .....................
......... 2.9
Inspection --
Certificates of..............................9.13.4,
13.5, 14.12
Final
14.11
Article or Paragraph
Number
Special, required by ENGINEER .........................
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...........................................11.4.5.9
Before starting the Work ....................................
2.7
Bonds and --in general ..........................................
5
Cancellation Provisions .......................................
5.8
Certificates of....................2.7, 5, 5.3, 5.4.11,
5.4.13,
................. 5.6.5, 5.8, 5.14, 9.13.4,
14.12
completed operations..........................I..........15.4.13
CONTRACTOR's Liability ........ ........._,....,,,,,,_..5.4
CONTRACTOR's objection to coverage............
5.14
Contractual Liability ......................................5.4.10
deductible amounts, CONTRACTOR's
responsibility_ ... ....... ....... ......._......._.....
_..5.9
Final Application for Payment. .............. _.......14.12
Licensed Insurers ..............................................
.. 5.3
Notice requirements, material changes ........
5.8, 10.5
Option to Replace ............................................
5.14
other special insurances.......,... .........................
5.10
OWNER as fiduciary for Insureds ..............
5.12-5.13
OWNER's Liability............................................5.5
OWNER's Responsibility.. .......
8.5
Partial Utilization, Property Insurance ...............
5.15
Property......_............................................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. . ........
f.3-6.5
Lands --
and Easements...................................................8.4
Availability of........................................,....4.1,
8.4
Reports and Tests...............................................8.4
Laws and Regulations --Laws or Regulations --
Bonds ..........................................................
5.1-5.2
Changes in the Work ............. I ....... ...................
10A
Contract Documents .......... ......... _..... _ _....
.., 3.1
CONTRACTOR's Responsibilities ....................6.14
Correction Period, defective Work.. .................
. 13,12
Cost of the Work, taxes ................. _......
1A5.4
of
definition .....
..................................................
122
genera16. 14
Indemnification,...., _ ....... ........ .............. I..
x
6.31-6.33
Insurance..........................................................5.3
Precedence................................................3.1,
3.3.3
Referenceto....................................................3.3.1
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 --
CONTRACT OR's...............................................
5.4
OWNERs..........................................................
5.5
Licensed Sureties and Insurers
..................................
5.3
Liens --
Application for Progress Payment, .....................14.2
CONTRACTOR's Warranty of Title.. _................14.3
Final Application for Payment .........................14.12
definition of,,,...
1.23
Waiver of Claims„
14.15
Lim itations on ENGINEER's 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........ _....................
6.3
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 .......................................
I T2
Cumulative Remedies................................_......17.4
Giving Notice ..............
17.1
Notice of Claim. . ............17.3
Professional Fees and Court Costs Included ......,17.5
Multi -prime contracts ..............................
...7
Not Shown or Indicated._...................._._..__,....._4.3.2
Notice of --
Acceptability of Project .......................... _..,..,,14.13
Award, definition of... ......................................L25
Claim.......:.............._.............................__..17.3
Defects, 13.1
Differing Subsurface or Physical Conditions......
42.3
Giving ....._ _............. .......
.1.21
Tests and Inspections.. ...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)
wl CITY OF FORT COLLINS MODIFICATIONS (REV W99)
Notification to Surety.............................................10.5
Observations, by ENGINEER .. ........
.. ....... . _... , 6.30, 9.2
Occupancy of the Work ...................
5.15, 6.30.2.4, 14.10
Omissions or acts by CONTRACTOR....... _......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. I ........ ...............
. 6.3
OWNER --
Acceptance of defective Work,.. ....... ................
3.13
appoint an ENGINEER ......................................
8.2
as fiduciary .............................................. ..............
Availability of Lands, responsibility ....................
4.1
definition of.......................................................
1.27
data, furnish ................. ........... ..... ...................
.8.3
May Correct Defective Work............................13.14
May refuse to make payment ........................
.....
May Stop the Work.......................................13.10
May Suspend Work,
Terminate ...........................8.8, 13.10,
15.1-15.4
Payment, make prompt ...... ......... ..... 8.3, 14.4,
14.13
performance of other work.... .. _..
7.1
permits and licenses, requirement s .... ..........
_... .13
purchased insurance requirements..........
.5.6-5.10
OWNER s--
Acceptance of the Work...............................6.30.2.5
Change Orders, obligation to execute ...........
8.6, 10.4
Communications .................................................
8.1
Coordination of the Work ...................................
7.4
Disputes, request for decision...... .............9.11
Inspections, tests and approvals .... _.........
_.8.7, 13.4
Liability Insurance, ....................... ........
.... 5.5
Notice of Defects ...............................................
13.1
Representative --During Construction,
FNGINEER's Status ......................................
9A
Responsibilities_
Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material .................
8.10
Change Order s.__..._............... ........._......_..8.6
Changes in the Work.......... _... _... _.............10.1
communications ............................................
8.1
CONTRACTOR's responsibilities ...................
8.9
evidence of financial arrangements............
_.8,11
inspections, tests and approvals... ...........
1..1.9,7
insurance .......................................................
8.5
lands and casements., ....
......_, 8.4
prompt payment by....... ............ ......... .........
. 8.3
replacement of ENGINEER .. ,._..1.,_......
,_,..8.2
reports and tests_ ................ .............. ............
,8.4
stop or suspend Work.. ..... ........ 8.8, 13.10,
15.1
terminate CONTRACTOR's
services-.......................................8.8,
15.2
separate representative at site.. ........................
9.3
testing, independent ..............
use or occupancy
of the Work .......................
written consent or approval
required...........................
13.4
5.15, 6.30.2.4, 14.10
............9.1, 6.3, 11.4
Xi EJCDC GENERAL CONDITIONS 19104 (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, 15A
PCBs__
definition of
1.29
general..............................................................
4.5
OWNER's responsibility for ......................
........ 8.10
Partial Utilization --
definition of
1.28
general 6.30.2.4, 14.10
Property Insurance...._ ........ ........
.5.15
Patent Fees and Royalties .......................................
6.12
Payment Bonda., .......................... ........
... .5.1-5.2
Payments, Recommendation of ........
14.4-14.7, 14.13
Payments to CONTRACTOR and Completion --
Application for ProgressPayments .......................
14.2
CONTRACTOXs Warranty of Title
.... .... I ... ... 114.3
Final Application for Payment .................
14.12
Final Inspection............ _, . _
14.11
Final Payment and Acceptance, ...............
14.13-14.14
general.........................................................8.3,
14
Partial Utilization ... ................. ........
............ 14.10
Retainage..........................................................14.2
Review of Applications for
Progress Payments ...... . ..........
... 14.4-14.7
prompt payment
- . I _ .... -8.3
Schedule of Values,., ....... _ ........ I.........,,,.__.....
14.1
Substantial Completion ...............................
I ' 4.8-14.9
Waiver of Claims14.15
when payments due
...... 14.4,14.13
withholding payment ....... I ...............
- ....... 14.7
Performance Bonds
Permits
6.13
Petroleum --
definition of
1.30
general................................... ..........
...... .... 4.5
OWNER's responsibility for ..... .........
Physical Conditions --
Drawings of, in or relating to .....
_4. 2.1.2
ENGINEER's review.. ... I � . ...... I ......... ......
__.11.4.2.4
existing structures ...... I . ...... ....... I .............
- ..... -4.2.2
general4.2.1.2 .......................................
.............
Notice of Differing Subsurface or...
4.2.3
Possible Contract Docum ents Change.,
...... 4.15
Possible Price and Times Adjustments., .........
-.4.2.6
Reports and Drawings ....................... ..............
4.2.1
Subsurface and
4.2
Subsurface Conditions
4.2.1.1
Technical Data, Limited Reliance by
CONTRACTOR Authorized.......... _....
__ ... 4.2.2
Underground Facilities --
general ...... . ...... ............
........ 4.3
Not Shown or Indicaed ... .........
.... I. . . 43.2
Protection of-
-.4.3, 620
Article or Paragraph
Number
Shown or Indicated
4.3.1
Technical Data
4.2.2
Preconstruction Conference.......... ........................
I ... 2.8
Preliminary Matters ................. I.. � .... .... I ......
......... 2
Prelim inary Schedules .............. .1, .............
... I ... 2.6
Premises, Use of ..............................................
6.16-6.18
Price, Change of Contract ' ' ' * '
' ' I I
Price, Contract--definiticit Q�.. ...... ...................
..... 1.11
Progress Payment Applications for .......................
_J 4.2
Progress Payment--retainagq ................ ....
- .... - 14.2
Progress schedule, CONTRACTORs ............. 2.6, 2,8, 2.9,
.....I ........................... 6.6, 6.29, 10.4, 15.11
Project --definition of ........... ........................ I ......
1. 31
Project Representativ e--
ENGINEEKs Status During Construction
9.3
Project Representative, Resident --definition of
......... 133
prompt payment by OWNER .....................................
9.3
Property Insurance—
Additional
53
general5.6-5. 10
Partial Utilization ................................5.15,
14.101-4
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
genera14.5
OWNER's responsibility for.. _„....................
J. 10
Recommendation of Payment * ................ * 14.4, 14.5,
14.13
Record Documents....._ .................... I .... -1.1 ... 6.19, 14.12
Records, procedures for maintaining ............ ......
...... 2.8
Reference Points..... . . ..... - ....... _ ......... ......
......... 4.4
Reference to Standards and Specifications
of Technical Societies
3.3
Regulations, Laws and (or) ........... ..............
........ 6.14
Rejecting Defective Work...._........ I.,........_...............9.6
Related Work --
at Site
7.1-7.3
Performed prior to Shop Drawings
and Samples submittals revieww..................
.... 6.28
Remedies, cumulative .. _.. . ................ ..............
17.4, 17.5
Removal or Correction ofDefechve Work ...... .......
' 13.11
rental agreements, OWNER approval required
'** 11 4,5.3
replacement of ENGINEER, by OWNER ...................8.2
8.2
Reporting and Resolving
Discrepancies .............. ....... ....... 15, 3.3.2,
6,14.2
Reports --
and Drawings ........................... _ .........
... 4.11
and Tests, OWNER's responsibility..
8.4
Resident and Project Representative—
definition of., .... I .... "I ....... ..... ..............
...... _1.33
provision for ................................ ...... ... ............ 9.3
Xii FJCDr- GENERAL CONDITIONS 1910-8 (1%0 EDITION
w" CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
Article or Paragraph
Number
Resident Superintendent, CCNTRACTOR`s............... . 6.2
Responsibilities--
CONTRACTOR's-in general., ................ ............... 6
ENGINEERs-in general..... _........
...............9
Limitations on
9.13
OWNERs-in general
8
Retainage.......................... .... .....................
14.2
Reuse of Documents,...... I .................. _ .......
........... 17
Review by CONTRACTOR: Shop Drawings
and Samples Prior to Submittal,,,_ .....
................ 0.25
Review of Applications for
Progress Payments....... _....... .............
... 14.4-14.7
Right to an adjustment
" 10.2
Rights of Way .......... ....... ................
I ......... 4.1
Royalties, Patent Fees and
* 6.12
Safe Structural Loading..........................................6.18
Safety --
and Protection..,,,,.,_.,,,,__,.,,,_.. ,,_4.3.2,
6.16, 6.18,
............ 6.20-6.21,
7.2, 13.2
general ........ _ .........
....... 0.20-6.23
Representative, CONTRACTOR's ........
....... - -6.21
Samples --
definition
general ....
Review by CONTRACTOR...,,_
.. .....
...... 6.25
Review by ENGINEER, ..... .......
........... 6,26,6.27
related Work
6,28
submittal of ...... I ....... .......
............ 6.24.2
submittal procedures
-_ 6,25
Schedule of progress .. ........ ...... . .. . 12.6,
18-2.9, 6.6,
1 ....... ... __ ...... ......... - ...
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....... ................ ..............
.............. * ..6.6
Change of Contract Times...._.......,...._
.............10.4
Initially Acceptable,._...,,._ .... .......
Preliminary .... ....... ...................................
2-6
Scope of Changes, .............. .......
_ ... 10.3-10.4
Subsurface Conditions.-....., ...
........
Shop Drawings --
and Samples, general..... ....
......... .624-6.28
Change Orders & Applications for
Payments, and........._.....
........... -.9.7-9.9
definition of
ENG[NFERs approval of, ............
....... .... 3.6.2
ENGINEER's responsibility
for review._. ...... .... ... . .......
9.7, 6.24-6.28
relatedWork ... - ... .......... ...... ....................
.... 6�28
review procedures, .............. ...... _ ........
18, 6.24-628
Article or Paragraph
Number
submittal required .......................... 11 ...........
... 6.24.1
Submittal Procedures
6.25
use to approve substitutions .... ............ .......
_63.3
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 ......................... ..............................
5.6.2
definition of
1.36
Specifications—
defination of.., ........................ ..........
........ 1.36
of Technical Societies, reference to ....................
3.3.1
precedence ...............................................
3. 3.3
Standards and Specifications
of Technical Societies..... I ....... I...............-,,,,.....,
33
Starting Construction, Before, ........................
..... 2.5-2.8
Starting the Work
2.4
Stop or Suspend Work --
by CONTRACTOR ..... . ...... ......
by OWNER. _ _ . .. .......... ........... .... 8.8, 13.10,15.1
Storage of materials and equipment ....... . ..... .....
4.1,7.2
Structural Loading, Safety,,.,_._...............................6.18
Subcontractor --
Concerning .. .... ... ...
6.8-6.11
definition of... ...... ...... ...................
..... 1.37
delays........... ......... ..... ___ ..........................12.3
waiver of rights ........... ...................................
..6.11
Subcontractors --in general
6.8-6.11
Subcontracts --required provisions, .... .... 5.11, 6.11,
11.4.3
Subm ittals--
Applications for Payment., ... ...... ...............
14.2
Maintenance and Operation Manuals
14.12
Procedures
Progress Schedules .... - ..... .......
Samples., ............. _ ...................
6.24-6.28
Schedule of Values ...... ...............
2.6, 14,1
Schedule of Shop Drawings and Samples
Submissions .... ...... .. ....................... 2.6,
2.8-2.9
Shop Drawings .................................... ....
6.24-6.28
Substantial Completion --
certification of ... ..... .6,30.2.3,
14.8-14.9
definition of, ........... �. � ............... I ..............
1.38
Substitute Construction Methods or Procedures...
..... 6.7.2
Substitutes and "Or Equal" Items � ...... _ ........
.......... 6.7
CONTRACTOR's Expense ... .. .....
.6.7.1.3
ENGINEERs Evaluation
6.7.3
"Or -Equal"..... ......
6.7.1.1
Substitute Construction Method-,
Xin EJCDC GENERAL CONDITIONS 1910-8 (1990EDYTION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
Number
or Procedures
7.2
Substitute Items ..........................................
6.7.1.2
Subsurface and Physical Conditions --
Drawings of, in or relatfig to ........................
4.2.1.2
ENGINEERs 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._ ............ ...... I ......... ....
. - 1 4.2
Subsurface Conditions at the Site
4.2.1.1
Technical Data
4.12
Supervision—
CONTRACTOR's responsibility ..........................
6.l
OWNER shall not supervise
8.9
ENGINEER shall not supervise
9.1, 9.13.2
Superintendence, ... ...... ....... ....................
. 6.2
Superintendent, CONTRACTORS resident .....
- ...... - 6.2
Supplemental costs
11.4.5
Supplementary Conditions --
definition of ......................................................1.39
principal references to .................1.10, 2.2, 2.7,
...... 4.2, 4.3, 5.1, 5.3, 5.4, 5.6-5.9,
........... 5.11, 6.8, 6.13, 7.4, 8.11,
9.3, 9.10
Supplementing Contract Documents ............
....... 3.6
Supplier --
definition of ........... 11 ..............................
... J.40
principal references to ...... 6.5, 6.8-6.11,
6.20,
6.24, 9.13, 14.12
Waiver of Rights ...................... ........................
�6.11
Surety --
consent to final payment._, ...... .......
14.12,14.14
ENGINEER has no duty to.,..._....,.. I .... -
.......... 9.13
Notification Of ...................................10.1,
10.5,15.2
qualification of ... ... I ... -1.1 ..... ...... ... I
.......... 5.1-5.3
Survival of Obligations ... ..........
..... 6.34
Suspend Work, OWNER May .......... ......
. 13.10, 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
... 15.2-15.4
Taxes --Payment by CONTRACTOR,
... ..... ... 6.15
Technical Data --
Limited Reliance by CONTRACTOR, .....
.1 .... -.4.2.2
Possible Rice and Times Adjustments ..............4.2.6
Reports of Differing Subsurface and
Physical Conditions.. .... ........
...... 4.2.3
xiv
Temporary construction facilities ...... ........ .............. 4.1
Article or Paragraph
Number
Termination_
by CONTRACTOR.. .........................
I ...............15.5
by OWNER ......................... ..............
8.8, 15.1-15.4
of ENGINEERs employment ...............................8.2
Suspension of Work-in general_...........................
15
Terms and Adjectives..,,..,._................................I...3.4
Tests and Inspections --
Access to the Work, by others .........
...... 3 3.2
CONTRACTORS responsibilities ....
................ 13.5
cost of 13.4
covering Work prior to ..............................
13.6-13.7
Laws and Regulations (or) ................................
11.5
Notice of Defects
OWNER May Stop Work.., , , ,
, . . 1110
OWNFWs independent testing .....................
..... 13.4
special, required by ENGINEER,,,,,,,,,,,,,,,,,,,,,,
9.6
timely notice required..,,,,_.,,,,... I
...... 13.4
Uncovering the Work, at ENGINEER'S
request ................................................
13.8-13.9
Times --
Adjusting... ...... .......
.... ...... ... __6.6
Change of Contract... ...... 1
... ............ ... 12
Computation of.. _ ..... .......
...... _ .... _ _ 17.2
Contract Times --definition of., ......
- ... _ ........ . J. 12
day........................ ... ........
................... ).7.2.2
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 ... I ...... .......
....................... 2.4
Title, Warranty of ......... _ ...... ............
..................... 14.3
Uncovering Work
.13.8-13.9
Underground Facilities, Physical Conditions—
definition of ....
1.41
Not Shown cr Indicated.. ...... ......
....... 4.3.2
protection of
. ......... 4.3,6.20
Shown or Indicated
4.11
Unit Price Work --
claims
11,93
definition of ........... I ............. .............
...... - ..... L42
generali 1.9,14.1, 14,5
Unit Prices --
general l 1.3.1
Determination for
9.10
Use of Premises........,..,_
6.16, 6.18, 6.3024
Utility owners ... ...... ........ 6.13,
6.20, 7,1-7.3, 13.2
Utilization, Partial.... ..... ... 1,29,5.15,
6 30.2,4,14 10
Value of the Work
113
Values, Schedule of, . ...... ............
216, 19-19,141
EJCDC GENERAL CONDITIONS
1910 -8 (1990 EDITION)
w1 CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Variations in Work --Minor
Authorized.........................................6.25, 6.27, 9.5
Article or Paragraph
Number
Visits to Site --by ENGINEER._ ..............................._ 9.2
Waiver of Claims --on Final Payment ............ ...... _14.15
Waiver of Rights by insured parties._ ................ 5.11, 6.11
Warranty and Guarantee, General --by
CONTRACTOR ............................................... 6.30
Warranty of Title, CONTRACTORS ............. ,",,.._... 14.3
Work --
Accessto..........................................................13.2
byothers............................................................... 7
Changes in the....................................................10
Continuing the ................................................. 6.29
CONTRACTOR May Stop Work
or Terminate 15.5
Coordination of 7.4
....................................................
Cost of the,,. .............._.............................11.4-11.5
definition of 1.43
........................................................
neglected by CONTRACTOR ............................ 13.14
otherWork.........................................._............... 7
OWNER May Stop Work ..................... ..........13.10
OWNER May Suspend Work ,.,,". ............ 13.10, 15.1
Related, Work at Site".,..."..._._.". _,.....7.1-7.3
......... .
Starting the,... ......... .........._.... . ........2.4
. _ .........
Stopping by CONTRACTOR. _.... _....... _,.........15.5
Stopping by OWNER_ ............. .......... ...... 15.1-15.4
Variation and deviation authorized, minor ........... 3.6
Work Change Directive --
claims pursuant to.... ............... ........ ....... ........ 10.2
definition of 1.44
........................................................
principal references to ..... ................„ 3.5.3, 10.1-10.2
Written Amendment --
definition of I A5
.............................:..........................
principal references to ....... ,,..."..1.10, 3.5, 5.10,15.12,
................. 6.6.2, 6.8.2, 6.19, 10.1, 10.4,
..........................11.2, 12.1, 13.12.2, 14.7.2
Written Clarifications and
Interpretations.", ....... _...... ............... 3.6.3, 9.4, 9.11
Written Notice Required --
by CONTRACTOR .... ........ 7.1, 9.10-9.11,
............... .I ....... ................... 10.4, 11.2, 12.1
by OWNER,."."_.............9.10-9.11, 10A, 11.2, 1114
xv E1CDC.GENERAL CONDITIONS 1910-8 (119%EDITTON
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
(This page left blank intentionally)
xvi EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
GENERAL CONDITIONS
ARTICLE I —DEFINITIONS
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the
meanings indicated which are applicable to both the
singular and plural thereof:
1.1. Addenda --Written or graphic 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 therein.
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,
1.6. Bidding 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 Contract Price or the
Contract Times, issued on or after the Effective Date of the
Agreement
1.10, Contract Documents --The Agreement, Addenda
(which pertain to the Contract Documents),
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
EJC )C GENERAL CONDMONS 1910-8 (1990 E(fitim)
wJ CITY OF FORT COLLINS MODIFICATIONS (REV V2000)
same are more specifically identified in the Agreement,
together with. all Written Amendments, Change Orders,
Work Change Directives, Field Orders and ENGINEER's
written interpretations and clarifications issued pursuant to
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.
L]l. 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 numbers of days or the
dates stated in the Agreement: (i) to achieve Substantial
Completion, and (ii) to complete the Work so that it is
ready for final payment as evidenced by ENGINEER's
written recommendation of final payment in accordance
with paragraph 14.13.
1.13. CONTRACTOR --The person, firm or corporation
with whom OWNER has entered into the Agreement.
1.14. defective —An adjective which when modifying
the word Work refers to Work that is unsatisfactory, faulty
or deficient in that it does not conform to the Contract
Documents, or does not meet the requirements of any
inspection, reference standard, test or approval referred to
in the Contract Documents, or has been damaged prior to
ENGINEER's recommendation of final payment (unless
responsibility for the protection thereof has been assumed
by OWNER at Substantial Completion in accordance with
paragraph 14.8 or 14.10).
1,15. Drawings --The drawings which show the scope,
extent 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. Effective Date 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 tern 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.
1.22h. 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.
124. 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 of Award —A written notice by OWNER to
the apparent successful bidder stating that upon compliance
by the apparent successful bidder with the conditions
precedent enumerated therein, within the time specified,
OWNER will sign and deliver the Agreement.
1.26. Notice to Proceed -A written notice given by
OWNER to CONTRACTOR (with a copy to ENGINEER)
fixing the date on which the Contract Times will
commence to run 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.
1.28. 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
EJCDC GENERAL CONDITI ONS 1910-8 (1990 EcUdai)
w/ 0TY 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--Rettular working, hours
are defined as 7:00am to 6 00pm unless otherwise
specified in the General�uirements.
1.33. Resides 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 specifically prepared or assembled by or for
CONTRACTOR and submitted by CONTRACTOR to
illustrate some portion of the Work.
1.36. Specifications —Those portions of the Contract
Documents consisting of written technical 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.
1.38, Substantial Completion --The Work (or a
specified part thereof) has progressed to the point where,
in the opinion of ENGINEER as evidenced by
ENGINEER's definitive certificate of Substantial
Completion, it is sufficiently complete, in accordance with
the Contract Documents, so that the Work (or specified
part) can be utilized for the purposes for which it is
intended; or if no such certificate is issued, when the
Work is complete and ready for final payment as
evidenced by ENGINEER's written recommendation of
final payment in accordance with paragraph 14.13. The
terms "substantially complete" and "substantially
completed" as applied to all or part of the Work refer to
Substantial Completion thereof.
1,39. Supplementary Conditions —The part of the
Contract Documents which amends or supplements these
General Conditions.
1.40. Supplier —A manufacturer, fabricator, supplier,
distributor, materialman or vendor having a direct contract
with. CONTRACTOR or with any Subcontractor to
furnish materials or equipment to be incorporated in the
Work by CONTRACTOR or any Subcontractor.
141. Underground Facilities —All pipelines, conduits,
ducts, cables, wires, manholes, vaults, tanks, tunnels or
other such facilities or attachments, and any encasements
containing such facilities which have been installed
underground to furnish any of the following services or
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07/2001 Section 00020 Page 4
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. Worir--The entire completed construction or the
various separately identifiable parts thereof required to be
furnished under the Contract Documents. Work includes
and is the result of performing or furnishing labor and
furnishing and incorporating materials and equipment into
the construction, and performing or furnishing services and
furnishing documents, all as required by the Contract
Documents.
1.44. Work Change 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 addition, 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 paragmph 6.23. A Work Change
Directive will not change the Contract Price or the Contract
Times, but is evidence that the parties expect that the
change directed or documented by a Work Change
Directive will be incorporated in a subsequently issued
Change Order following negotiations by the parties as to its
effect, if any, on the Contract Price or Contract Times as
provided in paragraph 10.2.
1.45. Written Amenrbnent- .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 Bonds:
2.1. When CONTRACTOR delivers the executed
Agreements to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may
be required to furnish in accordance with paragraph 5.1.
Copies of Documents:
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary
Conditions) of the Contract Documents as are reasonably
necessary for the execution of the Work. Additional copies
will be furnished, upon request, at the cost of reproduction.
Commencement of Contract Times; Notice to Proceed:
23, The Contract Times will commence to run on the
thirtieth day after the Effective Date of the Agreement, or,
EICDC GENERAL CONDITION-,1910-S (1990 EditiW)
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. i ne evwA will " Geittraet Times
efBid opening or the Effaetive Pat
ef the Agreement wh==t
Starting the Work:
.A. CONTRACTOR shall start to perform the Work
on the date when the Contract Times commence to run,
but no Work shall be done at the site prior to the date on
which the Contract Times commence to run
Before Starting Construction:
2.5. Before undertaking each Iran 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 conflict, error, ambiguity or
discrepancy which CONTRACTOR may discover and
shall obtain a written interpretation 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 times 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 En> tirteer.
2.6.3. A preliminary schedule of values for all of
the Work which will include quantities and prices of
items aggregating the Contract Price and will
subdivide the Work into component parts in sufficient
detail to serve as the basis for progress payments
during construction. Such prices will include an
appropriate amount of overhead and profit applicable
to each item of Work.
2.7. Before any Work at the site is started,
CONTRACTOR and G;W stall each deliver to the
otheF OWNER with copies to
identified in the Skipplemer" Canditions ENGINEER
certificates of insurance (and other evidence of insurance
requested by OWNER) which
CONTRACTOR is required
to purchase and maintain in accordance with
paragraphs 5.4, 6 arid 5. .
Preconstruetion Conference.
2.8. Within twenty days after the Contract Times start to
run, but before any Work at the site is started, a conference
attended by CONTRACTOR, ENGINEER and others as
appropriate will be held to establish a working
understanding among the parties as to the Work and to
discuss the schedules 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, at least ten eays bw— stibinissien of the first
before any work at the site begins,
a conference attended by CONTRACTOR, ENGINEER
and others as sppr des, xated by OWNER will be
held to review orf acbility to ENGINEER as provided
below the schedules submitted in accordance with
paragraph 2.6. and Division 1 - General Requirements.
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 T imes, 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
EJCDC GENERAL CONDITIONS 1910-8 (1990Editim)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
describe a functionally complete Project (or part thereof)
to be constructed in accordance with the Contract
Documents. Any Work, materials or equipment that may
reasonably be inferred from the Contract Documents or
from prevailing custom or trade usage as being required to
produce the intended result will be furnished and
performed whether or not specifically called for. When
words or phrases which have a well-known technical or
construction industry or trade meaning are used to
describe Work, materials or equipment, such words or
phrases shall be interpreted in accordance with that
meaning. Clarifications and interpretations of the Contract
Documents shall be issued by ENGINEER as provided in
paragraph 9.4.
3.3. Reference to Standards 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 opening of Bids (or,
on the Effective Date of the Agreement if there were
no Bids), except as may be otherwise specifically
stated in the Contract Documents.
3.3.2. If, during the performance of the Work,
CONTRACTOR discovers any conflict, error,
ambiguity or discrepancy within the Contract
Documents or between the Contract Documents and
any provision of any such Law or Regulation
applicable to the performance of the Work or of any
such standard, specification, manual or 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 supppplement to the Contract Documents
has been issued by one of the methods indicated in
paragraph3.5 or 3.6; provided, however, that
CONTRACTOR shall not be liable to OWNER or
ENGINEER for failure to report any such conflict,
error, ambiguity or discrepancy unless
CONTRACTOR knew or reasonably should have
known thereof.
3.3.3. Except as otherwise specifically stated in the
Contract Documents or as may be provided by
amendment or supplement thereto issued by one of the
methods indicated in paragraph 3.5 or 3.6, the
provisions of the Contract Documents shall take
precedence in resolving any conflict, error, ambiguity
or discrepancy between the provisions of the Contract
Documents and:
3.3.3.h 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 these set 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 terms and conditions thereof in one or
more of the following ways:
3.5.1. a formal Written Amendment,
3.5.2. a Change Order (pursuant to paragraph 10 4),
or
FJCDC GENERAL CONDITIONS 1910-8 (1990 Mum)
w! CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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
3.63. ENGINEER's written interpretation or
clarification (pursuant to paragraph 9A).
Reuse ofDocumentsr
3.7, CONTRACTOR, and, any Subcontractor or
Supplier or other person or organization performing or
furnishing 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,
Specifications ox other documents (or copies of any
thereof) prepared by or bearing the seal of ENGINEER or
ENGINEEWs 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--AVAILA13ILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
Availability of Lands:
4.1. OWNER shall furnish, as indicated in the Contract
Documents, the lands upon which the Work is to be
perforated, rights -of -way and easements for access
thereto, and such other lands which are designated for the
use of CONTRACTOR
OWNER shall identify any encumbrances or restrictions
not of general application but specifically related to use of
lands so furnished with which CONTRACTOR will have
to comply in performing the Work. Easements for
permanent structures or permanent changes in existing
facilities will be obtained and paid for by OWNER, unless
otherwise provided in the Contract Documents. If
CONTRACTOR and OWNER are unable to agree on
entitlement to or the amount or extent of any adjustments
in the Contract Price or the Contract Times as a result of
any delay in OWNER's famishing 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-Z Subsurface and PhysicalConclitions:
4.2.1. Reports and Drawings: Reference is made to
the Supplementary Conditions for identification of
4.2.1.1. Subsraface 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 structures at 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 CONMICTOR Autlwrizec4-
Technical Data: CONTRACTOR may rely upon the
general accuracy of the "technical data" contained in such
reports and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified in
the Supplementary Conditions. Except for such reliance on
such "technical data", CONTRACTOR may not rely upon
or make any claim against OWNER, ENGINEER or any of
ENGINEER's Consultants with respect to:
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
4.2.22. other data, interpretations, opinions
and information contained in such reports or shown
or indicated in such drawings, or
4.2.2.3. any CONTRACTOR interpretation of
or conclusion drawn from any "technical data" or
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:
42.3.1. 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
4.2.3.1 differs materially from that shown or
EJCDC GENERAL CONDITIONS 1910-8 (1990 Editim)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4R000)
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, pretnptly mmediately 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 623), 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 Ac#ustments: 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 CONTRACTORS 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 42.3.4, 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 11.91 and
4.2.6.4. CONTRACTOR shall not be entitled
to any adjustment in the Contract Price or Times
if,
4.2.6A1. 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 requited by the Bidding
Requirements or Contract Documents to be
conducted by or for CONTRACTOR prior
to CONTRACTOR's making such frial
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 11 and 12. However, OWNER, ENGINEER and
ENGINEER's Consultants shall not be liable to
CONTRACTOR for arty 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:
4.3.1. Shown orindlcated: 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, (n) locating
all Underground Facilities shown or indicated in the
Contract Documerts,(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, ptemptly
immediately after becoming aware thereof and before
further disturbing conditions affected thereby or
performing any Wok in connection therewith (except
in an emergency as required by paragraph623),
identify the owner of such Underground Facility and
EICDC GENERAL CONDITIONS 1910-8 (1990 E litiml
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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 paragraph6.20.
CONTRACTOR shell 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
not reasonably have been expected to be aware of or
to have anticipated. If OWNER and CONTRACTOR
are unable to agree on entitlement to or the amount or
length of any such adjustment in Contract Price or
Contract Times, CONTRACTOR may make a claim
therefor as provided in Articles I 1 and 12. However,
OWNER, ENGINEER and ENGINEER's
Consultants shall not be liable to CONTRACTOR for
any claims, costs, losses or damages incurred or
sustained by CONTRACTOR on or in connection
with any other project or anticipated project.
Reference Points:
4.4. OWNER shall provide engineering surveys to
establish reference points for construction which in
ENGINEER's judgment are necessary to enable
CONTRACTOR to proceed with the Work.
CONTRACTOR shall be responsible for laying out the
Work, shall protect and preserve the established reference
points and shall make no 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 shall 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--BONDS 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 Bowls 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 Holding Certificates of
Authority as Acceptable Sureties on Federal 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.
52. 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; Certificates 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.
5.32. 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. OWNER- shell
deliver to CONTRACTOR; .with oopias to w.w.L
additional insured identified in the Supoomento
C—enditiom sortifientes of m.:amv......... �Ad otheof any ethff additional insured) wlneh okWilER
faquiFad top wasa and maintain. i....-......,L.....e 'th
fyafaw.m phs 5,6 and 5.7 h..�esf.
E]CDC GENERAL CONDITIONS 1910-5 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
CONTRACTOR's Liability Insurance:
5A. 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 CONTRACTOR's 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;
ny—PeFson as -`wadt of an offense A:_ealy or
ent of_suehpefsen-by
ethef-reasam
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 person 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 Edilim)
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 whom
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 with paragraph 13.12; and
5.4.13. with respect to completed operations
insurance, and any insurance coverage written on a
claims -made basis, remain in effect for at least two
years after final payment (and CONTRACTOR shall
famish 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).
0W7VER's Liability 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.
Property Insurance:
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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
identified in the Supplementafy Cenditiew. The Fisk of
by_GQNTD A -TQ c. I.,.,».t«,,.t,._
sueh loss and if any ef
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1.-
10 EJCDC GENERAL CONDITIONS 1910-8 (1990 EdUM)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
Receipt andApplleadon of Insurance Proceeds:
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for the
insureds, as their interests may appear, subject to the
requirements of any applicable mortgage clause and of
paragraph 5.13. OWNER shall deposit in a separate
account arty 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 shell be repaired or replaced, the moneys so
received applied on account thereof and the Work and the
cost thereof covered by an appropriate Change Order or
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 occurrence of loss to OWNER's exercise of this
power. If such objection be made, OWNER as fiduciary
shall make settlement with the insurers in accordance with
such agreement as the parties in interest may reach If no
such agreement among the parties in interest is reached,
OWNER as fiduciary shall adjust and settle the toss with
the insurers and if reqn—lifed-
imeresh
proper perfeEmanee of subh duties.
Acceptance ojBonds and Insurance; Option to Replace:
5.14. If either party (0;W4FR of GG?9P�ACTW
OWNER has any objection to the coverage afforded by or
other provisions of the Bonds -a insurance required to be
purchased and maintained by the otherparty
CONTRACTOR in accordance with Article 5 on the basis
of non-conformance with the Contract Documents, the
OWNER will
now CONTRACTOR in writing within ten fifteen days
after Fesaipf deliver of the certificates (eF ether evidenee
requested) to OWNER as required by paragraph 2.7.
Partial Utilization --Property Insurance:
5.15. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Sulxstantial
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edilim)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4l2000)
Completion of all the Work, such use or occupancy may
be accomplished in accordance with paragraph 14.10;
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 insurance shall consent by
endorsement on the policy or policies, but the property
insurance shall not be cancelled or permitted to lapse on
account of any such partial use or occupancy.
ARTICLE 6-CONTRACTOR'S
RESPONSPHLITIES
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
construction, but CONTRACTOR shall not be responsible
for the negligence of others in the design or specification
of a specific 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 Work complies accurately with the Contract
Documents.
6.2. CONTRACTOR shall keep on the Work at all
times during its progress a competent resident
superintendent, who shall not be replaced without written
notice to OWNER and ENGINEER except under
extraordinary circumstances. The superintendent will be
CONTRACTORSs representative at the site and shall have
authority to act on behalf of CONTRACTOR All
communications to the superintendent shall be as binding
as if given to CONTRACTOR
Labor, Materials and Equipment:
6.3. CONTRACTOR shall provide competent,
suitably qualified personnel to survey, lay out and
construct the Work as required by the Contract
Documents. CONTRACTOR shall at all times maintain
good discipline and order at the site. Except as otherwise
required for the safety or protection of persons or the
Work or property, at the site or adjacent thereto, and
except as otherwise indicated in the Contract Documents,
all Work at the site shall be performed during regular
working hours and CONTRACTOR will not permit
overtime work or the performance of Work on Saturday,
Sunday or any legal holiday without OWNER's written
consent given after prior written notice to ENGINEER.
CONTRACTOR shall submit requests to the ENGINEER
no less than 48 hours in advance of any Work to be
performed on Saturday, Sunday, Holidays or outside the
Regular Working Hours
6.4. Unless otherwise specified in the General
Requirements, CONTRACTOR shall furnish 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.
6.41. Purchasing Restrictions: CONTRACTOR
must comply with the City's purchasing restrictions. A
copy of the resolutions are available for review in the
offices of the Purchasing and Risk Management
Division orihe City Clerk's office.
6.4.2. Cement Restrictions: City of Fort Collins
Resolution 91-121 requires that suppliers and producers
of cement or 1�roducts containing_ cement to certify that
the cement was not made in cement kilns that bum
hazardous waste as a fuel.
6.5. All materials and equipment shall be of good
quality and new, except as otherwise provided in the
Contract Documents. All warranties and guarantees
specifically called for by the Specifications shall expressly
run to the 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
equipment shall be applied, installed, connected, erected,
used, cleaned and conditioned in accordance with
instructions of the applicable Supplier, except as otherwise
provided in the Contract Documents.
Progress Schedule:
6.6. CONTRACTOR shall adhere to the progress
schedule established in accordance with paragraph 2.9 as it
may be adjusted from time to time as provided below:
6.6.1. CONTRACTOR shall submit to ENGINEER
for acceptance (to the extent indicated in
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" Items.,
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 CONDITIONS 1910-8 (1990 EdlLim)
12 wi CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
contains or is followed by words reading that no like,
equivalent or "or -equal" item or no substitution is
permitted, other items of material or equipment or
material or equipment of other Suppliers may be
accepted by ENGINEER under the following
circumstances:
6.7.1.1. "7r-Equal". If in ENGINEER's sole
discretion an item of material or equipment
proposed by CONTRACTOR is functionally
equal to that named and sufficiently similar so that
no change in related Work will be required, it may
be considered by ENGINEER as an "or -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 qualify as
an "or -equal" item under subparagraph 6 7.1.1, it
will be considered a proposed substitute item.
CONTRACTOR shall submit sufficient
information as provided below to allow
ENGINEER to determine that the item of material
or equipment proposed is essentially equivalent to
that named and an acceptable substitute therefor.
The procedure for review by the 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
furnish or use a substitute item of material or
equipment, CONTRACTOR shall first make
written application to ENGINEER for acceptance
thereof, certifying that the proposed substitute will
perform adequately the functions and achieve the
results called for by the general design, be similar
in substance to that specified and be suited to the
same use as that specified. The application will
state the extent, if any, to which the evaluation
and acceptance of the proposed substitute will
prejudice CONTRACTOR's achievement of
Substantial Completion 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
Prospective Bidders are invited to present their questions relative to this
Bid proposal at this meeting.
Bids will be received as set forth in the Bidding Documents.
The Work is expected to be commenced within the time as required by Section
2.3 of General Conditions. Substantial Completion of the Work is required as
specified in the Agreement.
The successful Bidder will be required to furnish a Performance Bond and a
Payment Bond guaranteeing faithful performance and the payment of all bills
and obligations arising from the performance of the Contract.
No Bid may be withdrawn within a period of forty-five (45) days after the date
fixed for opening Bids.
The OWNER reserves the right to reject any and all Bids, and to waive any
informalities and irregularities therein. .
Bid security in the amount of not less than 5% of the total Bid must accompany
each Bid in the form specified in the Instructions to Bidders.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City
Council, shall have a financial interest in the sale to the City of any real
or personal property, equipment, material, supplies or services where such
officer or employee exercises directly or indirectly any decision -making
authority concerning such sale or any supervisory authority over the services
to be rendered. This rule also applies to subcontracts with the City.
Soliciting or accepting any gift, gratuity favor, entertainment, kickback or
any items of monetary value from any person who has or is seeking to do
business with the City of Fort Collins is prohibited
City of Fort Collins
By
James B. O'Neill, II, CPPO, FNIGP
Purchasing/Risk Management Director
07/2001 Section 00020 Page 5
by the resulting change, all of which will be
CONTRACTOR shall perform not less than 20
considered by ENGINEER in evaluating the
percent of the Work with its own forces (that is,
proposed substitute. ENGINEER may require
without subcontracting). The 20 percent requirement
CONTRACTOR to furnish additional data about
shall be understood to refer to the Work the value of
the proposed substitute.
which totals not less than 20 percent of the Contra
Price.
6.7.1.3. CONTRACTORS Expense: All data to be
Provided by CONTRACTOR in support of any
6.8.2. if the SuppleAientafy Conditions Bidder
proposed "or -equal" or substitute item will be at
Documents require the identity of certain
CONTRACTOR's expense.
Subcontractors, Suppliers or other persons or
organizations (including those who are to furnish the
6.7.2. Substitute Construction Methods or
principal items of materials or equipment) to be
Procedures: If a specific means, method, technique,
submitted to OWNER
sequence or procedure of construction is shown or
data prior to the Effective Date of the Agreement for
indicated in and expressly required by the Contract
acceptance by OWNER and ENGINEER,—end--i€
Documents, CONTRACTOR may famish or utilize a
GONT-RAGT^n has -•'`hed _ list there r
substitute means, method, technique, sequence or
procedure of construction acceptable to ENGINEER.
OWNER's or ENGINEER's acceptance (either in
CONTRACTOR shall submit sufficient information to
writing or by failing to make written objection thereto
allow ENGINEER, in ENGINF.ER's sole discretion, to
by the date indicated for acceptance or objection in
determine that the substitute proposed is equivalent to
the bidding documents or the Contract Documents) of
that expressly called for by the Contract Documents.
aRy such
The procedure for review by ENGINEER will be
w6a_, - : _ �_a -_.. �_ . .. 1._J _ the
similar to that provided in subparagraph 6.7.1.2.
basis of reasonable objeetion after due investigati
in ..,1 ieh a
^sub
6.7.3. Engineer's Evaluation: ENGINEER will be
e the Gentmet Pn-e • ll
allowed a reasonable time within which to evaluate
adjusted by the
each proposal or submittal made pursuant to
paragraphs 6.7.1.2 and 6.7.2. ENGINEER willbethe
VAR be isu-'-Or-". �,--"an—'dam per; signed, will
sole judge of acceptability. No "or -equal" or
constitute a condition of the Contract requiring the
substitute will be ordered, installed or utilized without
use of the named subcontractors, suppliers or other
ENGINEERs prior written acceptance which will be
persons or organization on the Work unless orior
evidenced by either a Change Order or an approved
written approval is obtained from OWNER and
Shop Drawing. OWNER may require
ENGINEER No acceptance by OWNER or
CONTRACTOR to furnish at CONTRACTOR'
ENGINEER of any such Subcontractor, Supplier or
expense a special performance guarantee or other
other person or organization shall constitute a waiver
surety with respect to any "or -equal." or substitute.
of any right of OWNER or ENGINEER to reject
ENGINEER will record time required by
defective Work.
ENGINEER and ENGINEER's Consultants in
evaluating substitutes proposed or submitted by
6,9.
CONTRACTOR pursuant to paragraphs 6.7.1.2 and
6.7.2 and in making changes in the Contract
6.9.1. CONTRACTOR shall be fully responsible to
Documents (or in the provisions of any other direct
OWNER and ENGINEER for all acts and omissions
contract with OWNER for work on the Project)
of the Subcontractors, Suppliers and other persons
occasioned thereby. Whether or not ENGINEER
and organizations performing or furnishing any of the
accepts a substitute item so proposed or submitted by
Work under a direct or indirect contract with
CONTRACTOR, CONTRACTOR shall reimburse
CONTRACTOR just as CONTRACTOR is
OWNER for the charges of ENGINEER and
responsible for CONTRACTOR's own acts and
ENGINEER's Consultants for evaluating each such
omissions. Nothing in the Contract Documents shall
proposed substitute item.
create for the benefit of any such Subcontractor,
Supplier or other person or organization any
6.8. Concerning Subcontractors, Suppliers and
contractual relationship between OWNER or
Others:
ENGINEER and any such Subcontractor, Supplier or
other person or organization, nor shall it create any
6.8.1. CONTRACTOR shall not employ any
obligation on the part of OWNER or ENGINEER to
Subcontractor, Supplier or other person or organization
pay or to see to the payment of any moneys due any
(including those acceptable to OWNER and
such Subcontractor, Supplier or other person or
ENGINEER as indicated in paragraph 6.8.2), whether
organization except as may otherwise be required by
initially or as a substitute, against whom OWNER or
Laws and Regulations. OWNER or ENGINEER may
ENGINEER may have reasonable objection.
furnish to any subcontractor, supplier or other person
CONTRACTOR shall not be required to employ any
or organization evidence of amounts paid to
Subcontractor, Supplier or other person or organization
CONTRACTOR in accordance with
to furnish or perform anv of the Work against whom
CONTRACTOR'S "Applications for Payment".
CONTRACTOR has reasonable objection.
EJCDC GENERAL CONDITIONS 1910-9 (1990 Edition) 13
WICITY OF FORT COLLINS MODIFICATIONS (REV V2000)
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 Wok 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 terns and
conditions of the Contract Documents for the benefit of
OWNER and ENGINEER. WhenevoF env such 00881110
�1. -1. 1• ry• H. ! . 1�1 • •p.�1�.•1•-RR
s:
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 Work 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 indemnity 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 rights 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 Educe)
wf CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
Permits:
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all
construction permits and licenses. OWNER shall assist
CONTRACTOR, when necessary, in obtaining such
permits and licenses. CONTRACTOR shall pay all
governmental charges and inspection fees necessary for
the prosecution of the Work, which are applicable at the
time of 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
furmshnig 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 and use taxes on materials to be
permanently incorporated into the project Said taxes
shall not be included in the Contract Price.
Address:
Colorado Department of Revenue
State Capital Atmex
1375 Sherman Street
Denver. Colorado. 80261
Sales and Use Taxes for the State of Colorado
Regional Tranwottation District (RTD) and certain
Colorado counties are collected by _the State of
Colorado and are included in the Certification of
Exemption.
All applicable Sales and Use Taxes (includine State
MI
taxes), on any items other than construction
and building materials physically incorporated into the
project are to be paid by CONTRACTOR and are to
be included in appropriate bid items.
Use of Prentises.
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 or equitable, brought by any such owner or
occupant against OWNER, ENGINEER or any other party
indemnified hereunder to the extent caused by or based
upon CONTRACTOR's performance of the Work.
6.17. During the progress of the Work, CONTRACTOR
shall keep the premises free from accumulations of waste
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 Documents.
6.18. CONTRACTOR shall not load nor permit any part
of any structure to be loaded in any manner that will
endanger the structure, nor shall CONTRACTOR subject
any part of the Work or adjacent property to stresses or
pressures that will endanger it.
Record Documents:
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edium)
w/ 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,
Addenda, 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 Protection:
6.20. CONTRACTOR shall be responsible for
initiating maintaining and supervising all safety
precautions and programs in connection with the Work.
CONTRACTOR shall take all necessary precautions for
the safety o� and shall provide the necessary protection to
prevent damage, injury or loss to:
6.20.1all persons on the Work site or who may be
affected by the Work;
6.20.2. all the Work and materials and equipment to
be incorporated therein, whether in storage on or off
the site; and
6.20.3. other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities and Underground
Facilities not designated for removal, relocation or
replacement in the course of construction.
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 loss; and shall erect and maintain all
necessary safeguards for such safety and protection.
CONTRACTOR shall notify owners of adjacent property
and of Underground Facilities and utility owners when
prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal, relocation
and replacement of their property. All damage, injury 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.
lEmergeneies:
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
wilt 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 6.2_6.
624.2. 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
EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
16 W! CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
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, shipping, handling, storage,
assembly and installation pertaining to the
performance of the Work, and
6.25.1.3. all information relative to
CONTRACTOR's sole responsibilities in respect
of means, methods, techniques, sequences and
procedures of construction and safety precautions
and programs incident thereto.
CONTRACTOR shall also have reviewed and
coordinated each Shop Drawing or Sample with other
Shop Drawings and Samples and with the
requirements of the 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. E'NGINEER's review and approval of Shop
Drawings or Samples shall not relieve CONTRACTOR
from responsibility for any variation from the requirements
of the Contract Documents unless CONTRACTOR has in
writing called ENGINEER'S attention to each such
variation at the time of submission as required by
paragraph 6.25.3 and ENGINEER has given written
approval of each such variation by a specific written
notation thereof incorporated in or accompanying the Shop
Drawing or Sample approval; nor will any approval by
ENGINEER relieve CONTRACTOR from responsibility
for complying with the requirements of paragraph 6.25,1.
6.28. Where a Shop Drawing or Sample is required by
the Contract Documents or the schedule of Shop Drawing
and Sample submissions accepted by ENGINEER as
required by ppaaragraph 29, any related Wok performed
prior to ENGINEER's review and approval of the pertinent
submittal will be at the sole expense and responsibility of
CONTRACTOR -
Continuing the Work.
6.29. CONTRACTOR shall carry on the Work and
adhere to the progress schedule during all disputes or
disagreements with OWNER. No Work shall be delayed or
postponed pending resolution of any disputes or
disagreements, except as permitted by paragraph 15.5 or as
OWNER and CONTRACTOR may otherwise agree in
writing.
6.30. CONTR4CTOR'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
6.30.12. normal wear and tear under normal
usage.
6.30.2. CONTRACTOR's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute None of the following
will constitute an acceptance of Work that is not in
EJCDC GENERAL CONDITIONS 191M (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4l2000)
accordance with the Contract Documents or a release
of CONTRACTOR's obligation to perform the Work
in accordance with the Contract Documents:
6.30.2.1. observations by ENGINEER;
6.30.2.2. recommendation of any progress or
final payment by ENGINEER;
6.30.2.3. the issuance of a certificate of
Substantial Completion or any payment by
OWNER to CONTRACTOR under the Contract
Documents;
6.30.2.4. use or occupancy of the Work or any
part thereof by OWNER;
6.30.2.5. any acceptance by OWNER or any
failure to do so,
6.302.6. any review and approval of a Shop
Drawing or Sample submittal or the issuance of a
Mice 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 costs) 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 injury, 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
17
any of them to perform or furnish 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 continuing
obligations indicated in the Contract Documents, will
survive final payment, completion and acceptance of the
Work and termination or completion of the Agreement.
ARTICLE 7--OTHER WORK
Related Work at Site:
7.1. OWNER may perform other work related to the
Project at the site by OWNER's own forces, or let other
direct contracts therefor which shall contain General
Conditions similar to these, or have other work performed
by utility owners. If the fact that such other work is to be
performed was not noted in the Contract Documents, then:
(i) written notice thereof will be given to CONTRACTOR
prior to starting any such other work and
(ii) CONTRACTOR may make a claim therefor as
provided in Articles I I 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 extent thereof.
7.2. CONTRACTOR shall afford each other contractor
who is a party to such a d rect 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 come 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
EJCDC GENERAL CONDITIONS 1910-8 (1990 Editim)
18 w/ CITY OF FORT COLLINS MODIFICATIONS IREV 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
C.ONTRACTOR's Work depends upon work performed
by others under this Article 7, CONTRACTOR shall
inspect such other work and promptly report to
ENGINEER in writing any delays, defects or deficiencies
in such other work that render it unavailable or unsuitable
for the proper execution and results of CONTRACTOR's
Work. CONTRACTOR's failure so to report will
constitute an acceptance of such other work as fit and
proper for integration with CONTRACTOR's Work
except for latent or nonapparent defects and deficiencies
in such other work.
Coordination:
74. If OWNER contracts with others for the
performance of other work on the Project at the site, the
followingwill be set forth in Supplementary Conditions:
T4.1. the person, firm or corporation who will have
authority and responsibility for coordination of the
activities among the various prime contractors wilt 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 through ENGINEER.
8.2. In case of termination of the employment of
ENGINEER, OWNER shall appoint an engineer agaa3st
whose status under the Contract Documents shall be that
of the former ENGINEER
8.3. OWNER shall fumish 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. OWNERS 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 at or contiguous to the site that have been utilized
by ENGINEER in preparing the Contract Documents.
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
8.7. OW ,MR's responsibility in respect of certain
inspections, tests and approvals is set forth in
paragraph 13.4.
8S. In connection with OVbNER's right 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,
CONITRACTOR's means, methods, techniques, sequences
or procedures of construction or the safety precautions and
programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and Regulations
applicable to the furnishing or performance of the Work.
OWNER will not be responsible for CONTRACTOR's
failure to perform or furnish the Work in accordance with
the Contract Documents.
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ARTICLE 9--ENGINEER'S STATUS DURING
CONSTRUCTION
OWNL'R'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.
lrsits io 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 1910-8 (1990 E(iticm)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
that has been made and the quality of the various aspects
of CONTRACTOR's executed Work. Based on
information obtained during such visits and observations,
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. ENGINEER's efforts will be directed toward
providing for OWNER a greater degree of confidence that
the completed Work will conform generally to the
Contract Documents. On the basis of such visits and on -
site observatiois, ENGINEER will keep OWNER
informed of the progress of the Work and will endeavor to
guard OWNER against *fectrve Work. ENGINEERS
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 ENGINEER's on -site
visits or observations of CONTRACTOR's Work
ENGINEER will not supervise, direct, control or have
authority over or be responsible for CONTRACTOR's
means, methods, techniques, sequences or procedures of
construction, or the safety precautions and programs
incident thereto, or for any 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 9.3 and 9.13 and in the SuMlem
Conditions of these General Conditions. If OWNER
designates another representative or agent to represent
OWNER at the site who is not ENGINEER's Consultant,
agent or employee, the responsibilities and authority and
limitations thereon of such other person will be as
provided in paragraph 9.3
9.3.1. The Representative's dealings in matters
pertaining to the on -site work will, in general, be with
the ENGINEER and CONTRACTOR But the
Representative will keep the OWNER fro erly
advised about such matters. The Representative'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 progress
IL9
schedule and other schedules prepared by the
CONTRACTOR and consult with the
ENGINEER concerningacceptability.
9.3.2 2. Conferences and Meeting - Attend
mce with the CONTRACTOR such as
Dreconstruchon conferences. progress meetin2s
and other sob 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 understandng
the Contract Doclnnents.
9.3.2.3.2. Assist in obtainme from OWNER
additional details or information, when
ree aired for proper execution of the Work.
9.3.2.3.3. Advise the ENGINEER and
CONTRACTOR of the commencement of
any Work requiring a Shoo Drawing or
sample submission if the submission has not
been approved by the ENGINEER.
9.3.2.4.Review of Work. Resection of Defective
Work. Inspections and Tests -
93.2.4. L Conduct on -site observations of
the Work in progress to assist the ENGINEER
in determining that the Work is proceeding in
accordance with the Contract Documents,
93 2 4 3 Accompany visiting inspectors
representing public or other agencies having
jar sdict on over the Project. record the results
of these inspections and 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 clarification and interpretation
of the Contract Documents as issued by the
ENGINEER
9.3.2.6. Modifications. Consider and
evaluate CONTRACTOR'S suggestions for
20 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edaim)
w1 CITY OF FORT COLLINS MODIFICATIONS (REV 4.2000)
modification in Drawings or Specifications and
report these recommendations to ENGINEER.
Accurately transmit to CONTRACTOR
decisions issued by the ENGINEER
9.3.2.7. Records.
9.3.2.8. Reports,
9.3.2.8.1. Furnish ENGINEER period c
reports, as required, of the progress of the
Work and of the CONTRACTOR'S
compliance with the progress schedule and
schedule of shoe Drawing and sample
submittals.
9.3.2.8.2. Consult with ENGINEER in
advance of scheduling major tests
inspections or start of important phases of the
Work.
9.3.2.8.3. Draft or000sed Change Orders
and Work Directive Changes, obtaining
backup m
and recaterial from the CONTRACTOR
ommend to ENGINEER Change
Orders, Work Directive Chanties and field
orders
9.3.2.8.4. Report immediately to
ENGINEER and OWNER the occurrence of
any accident.
9.3 2R Payment Requests. Review applications
for p�nte it 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
9.3.2.10.1. 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
company of the ENGINEER OWNER and
CONTRACTOR and prepare a final list of
items to be corrected or completed.
9.32.10.3. Observe that all items on the
final list have been corrected or completed and
make recommendations to ENGINEER
concerning acceptarrce.
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
authority as set forth in 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 relative
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
re arding 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
Work in whole or inpart
9.3.3.8. Participate in specialized field or
laboratory tests or inspections conducted by others
except as specifically_ authorized by tthe
ENGINEER.
Clarifications and Interpretations:
9.4. ENGINEER will issue with reasonable promptness
such written clanftcatons 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 arty, OWNER or
CONTRACTOR may make a written claim therefor as
provided in Article I 1 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 or the Contract Times and are compatible
with the design concept of the completed Project as a
functioning whole as indicated by the Contract
Documents. These 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 Orderjustifies 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 I I 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 Contract 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 ENGINEERs. 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 ENGINIEER's decision is taken within the time
limits and in accordance with the procedures set forth in
Exhibit GC -A, "Dispute Resolution Agreement", entered
into between OWNER and CONTRACTOR pursuant to
Article 16, or (ii) if no such Dispute Resolution Agreement
has been entered into, a formal proceeding is instituted by
the appealing party in a forum of competent jurisdiction to
exercise such rights or remedies as the appealing party 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 1 I 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 claunant to ENGINEER and the
other party to the Agreement promptly (but in no event
later than thirty days) after the start of the occurrence or
event giving rise thereto, and written supporting data will
be submitted to ENGINEER and the other party within
sixty days after the start of such occurrence or event unless
ENGINEER allows an additional period of time for the
submission of additional or more accurate 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 after receipt of the opposing party's submittal, if
any, in accordance with this paragraph ENGINEER's
written decision on such claim, dispute or other matter will
be final and binding upon OWNER and CONTRACTOR
unless: (i) an appeal from ENGINEER's decision is taken
within the time limits and in accordance with the
procedures set forth in EXHIBIT GC -A, "Dispute
Resolution Agreement", entered into between OWNER and
CONTRACTOR pursuant to Article 16, or (ii) if no such
Dispute Resolution Agreement has been entered into, a
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 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edi[im)
wf CITY" OF FORT COLLINS MODIFICATIONS (REV 4ke00)
decision, unless otherwise agreed in writing by OWNER
and CONTRACT OR.
9.12. When functioning as interpreter and judge under
paragraphs9.10 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 respellof any
such claim, dispute or other matter.
9.13. Limitations on ENGINEF_R's Authority and
Responsibilities:
9.13.1. Neither ENGRMR's authority or
responsibility under this Article 9 or under any other
provision of the Contract Documents nor any decision
made by ENGINEER in good faith either to exercise
or not exercise such authority or responsibility or the
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 and operating instructions, schedules,
guarantees, Bonds and certificates of inspection, tests
and approvals and other documentation required to be
delivered by paragraph 14.12 will only be to
determine generally that their content complies with
the requirements of, and in 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
SECTION 00100
INSTRUCTIONS TO BIDDERS
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 paragraph 6.23
or in the case of uncovering Work as provided in
paragraph 13.9.
10.4. OWNER and CONTRACTOR shall execute
appropriate Change Orders recommended by ENGINEER
(or Written Amendments) covering:
10.4.1. changes in the Work which are (i) ordered
by OWNER pursuant to paragraph 10.1, (ii) required
because of acceptance of defective Work under
paragraph 13.13 or correcting defective Work under
paragraph 13.14, or (iii) agreed to by the parties;
10.4.2. changes in the Contract Price or Contract
Times which are agreed to by the parties; and
10.4.3. changes in the Contract Price or Contract
Times which embodv 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
EICDC GENERAL CONDITIONS 1910-8 (1990 Editim)
w! CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
(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 shall be at CONTRACT OR'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 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 start of the
occurrence or event giving rise to the claim and stating the
general nature of the claun. 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 paragraph9.11 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 11.1
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 urtit
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
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 Cost 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).
Cost of the work.
11.4. The term Cost of the Work means the sum of all
costs necessarily incurred and paid by CONTRACTOR in
the proper performance of the Work. Except as otherwise
may be agreed to in writing by OWNER, such costs shalt
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 basis of their time spent on the
Work. Payroll costs shall inialude,, but net be limited to,
salaries and wages plus the cost of fringe benefits
which shall include social security contributions,
unemployment, excise and payroll taxes, workers'
compensation, health arA retiremn benefits-ienuses;
applicable thereto.
The expenses of performing Work after regular
working hours, on Saturday, Sunday or legal holidays,
shall be included in the above to the extent authorized
by OWNER.
11.4.2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field
services required in connection therewith All cash
discounts shall accrue to CONTRACTOR unless
OWNER deposits funds with CONTRACTOR with
which to make payments, in which case the cash
discounts shall accrue to OWNER. All trade
discounts, rebates and refunds and returns from sale of
surplus materials and equipment shall accrue to
OWNER, and CONTRACTOR shall make provisions
so that they may be obtained.
11.4.3. Payments made by CONTRACTOR to the
Subcontractors for Work performed or furnished by
Subcontractors. If required by OWNER,
24 EJCDC GENFRAL CONDITIONS 1910-8 (1990 Editiul)
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, testing
laboratories, surveyors, attorneys and accountants)
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,
machiney or parts shall cease when the use
thereof is no longer necessary for the Work.
11.45.4. 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.
11A5.6. Losses and damages (and related
expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained
by CONTRACTOR in connection with the
performance and furnishing of the Work (except
losses and damages within the deductible amounts
of property insurance established by OWNER in
accordance with paragraph 5.9), 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 lasses, damages
and expenses shall be included in the Cost 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
Work.
11.5. The term Cost of the Work shall not include any of
the following:
11.5.1. Payroll costs and other compensation of
CONTRACTOR's officers, executives, principals (of
partnership and sole proprietorships), general managers,
engineers, architects, estimators, attorneys, auditors,
accountants, purchasing and contracting agents,
expediters, timekeepers, clerks and other personnel
employed by CONTRACTOR whether at the site or in
CONTRACTOR's principal or a branch office for
general administration of the Work and not specifically
included in the agreed upon schedule of job
classifications referred to in paragraph 11.4.1 or
specifically covered by paragraph 11.4.4—all of which
are to be considered administrative costs covered by the
CONTRACTOR's fee.
11.5.2. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at
the site.
11.5.3. Any part of CONTRACTOR's capital
expenses, including interest on CONTRACTOR'S
capital employed for the Work and charges against
CONTRACTOR for delinquent payments.
11.5A. 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 1.1.4.5.9 above).
ESCDC GENERAL CONDITIONS 1910-8 (1990 Editim)
W1 CITY OF FORT COLLINS MODIFICATIONS (REV 4l2000)
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
eruct making good any damage to property.
11.5.6. Other overhead a general expense costs of
any kind and the costs of any item not specifically and
expressly included in paragraph 11.4.
11.6. The CONTRACTORS 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 Cost 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 A.2 and that any higher tier
Subcontractor and CONTRACTOR will each be
paid a feeoffive-pore— �c fhe atneun�paid3e
the,T"xt;o ver tietsubeenkeete to be negotiated
in good faith with the OWNER but not to exceed
five percent of the amount paid to the next lower
t er 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 tee shall be computed on the
basis of the net change in accordance with
paragraphs 11.62.1 through 11.62.5, inclusive.
11.7. Whenever the cost of any Work is to be
25
determined pursuant to paragraphs l l.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 famished 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 site, and all applicable taxes; and
11.8.2. CONTRACTOR's costs for unloading and
handling on the site, labor, installation costs, overhead,
profit and other expenses contemplated for the
allowances have been included in the Contract Price
and 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 Pice Work.
11.9.1. Where the Contract Documents provide that all
or part of the Work is to be Unit Price Work, initially
the Contract Price will be deemed to include for all
Unit Price Work an amount equal to the sum of the
established unit prices for each separately identified
item of Unit Price Work times the estimated quantity
of each item as indicated in the Agreement. The
estimated quantities of items of Unit Price Work are
not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract
Price. Determinations of the actual quantities and
classifications of Unit Price Work performed by
CONTRACTOR will be 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.
119.3.OWNER or CONTRACTOR may make a
claim for an adjustment in the Contract Rice in
accordance with Article I 1 if.
11.9.3.1. the quantity of any item of Unit Rice
Work performed by CONTRACTOR differs
materially and significantly from the estimated
quantity of such item indicated in the Agreement;
EJCDC GENERAL CONDITIONS 1910-8 (1990Editim)
26 WI CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
and
11.9.3.2. there is no corresponding adjustment
with respect to any other item of Work; and
119.3.3. 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 acknowledges that
the OWNER has the right to add or delete items in
the Bid or change auantities at OWNER'S sole
discretion without affecting the Contract Price of
remaining item so long as the deletion or
addition does not exceed twenty-five percent of
the original total Contract Price.
ARTICLE 12--CHANGE OF CONTRACT TIMES
12.1. The Contract Times (or Milestones) may only be
changed by a Change Order or a Written Amendment.
Any claim for an adjustment of the Contract Times (or
Milestones) shall be based on written notice delivered by
the party making the claim to the other party and to
ENGINEER promptly (but in no event later than thirty
clays) after the occurrence of the event giving rise to the
claim and stating the general nature of the claim. Notice
of the extent of the claim with 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 claimants 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 if
OWNER and CONTRACTOR cannot otherwise agree.
No claim for an adjustment in the Contract Times (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. [n 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 (i) delays caused
by or within the control of the CONTRACTOR, or
(ii) delays beyond the control of both parties including, but
not limited to, fires, floods, epidemics, abnormal weather
conditions, acts of God or acts or neglect by utility owners
or other contractors performing other work as contemplated
by Article 7.
ARTICLE 13--TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.1. Notice 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 Consultants,
other representatives and personnel of OWNER,
independent testing laboratories and governmental agencies
with jurisdictional interests will have access to the Work at
reasonable dimes 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.
Tests and Inspections
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:
134.1. for inspections, tests or approvals covered
by paragraph 13.5 below;
13.42 that costs incurred in connection with tests
or inspections conducted pursuant to paragraph 13.9
EJCDC GENERAL CONDITIONS 191M (1990 E(Brim)
w! CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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 any public body having
jurisdiction require any Work (or part thereof) specifically
to be inspected, tested or approved by an employee or
other representative of such public body, CONTRACTOR
shall assume frill responsibility for arranging and
obtaining such inspections, tests or approvals, pay all costs
in connection therewith, and famish ENGINEER the
required certificates of inspection, or approval.
CONTRACTOR shall also be responsible for arranging
and obtaining and shall pay all costs in connection with
any inspections, tests or approvals required for OWNER'S
and ENGINEERs acceptance of materials or equipment to
be incorporated in the Work, or of materials, mix designs,
or equipment submitted for approval prior to
CONTRACTOR's purchase thereof for incorporation in
the Work.
13.6. If any Work (or the work of others) that is to be
inspected, tested or 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 cover the same and
ENGINEER has not acted with reasonable promptness in
response to such notice.
Uncovering Work:
13.8. If any Work is covered contrary to the written
request of ENGINEER it must, if requested by
ENGINEER, be uncovered for ENGINEER's observation
and replaced at CONTRACTOR'S expense.
13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or
inspected or tested by others, CONTRACTOR, at
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 *fective,
CONTRACTOR shall pay all claims, costs, losses and
damages caused by, arising out of or resulting from such
uncovering, exposure, observation, inspection and testing
and of satisfactory replacement or reconstruction,
(including but not limited to all costs of repair or
replacement of work of others); and OWNER shall be
entitled to an appropriate decrease in the Contract Price,
and, if the 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 the 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 famish 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 of Defective Work:
131 l . 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 costs of repair or
replacement of work of others).
13.12. Correction Period:
13.12.1. If within one-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 (it)
satisfactorily correct or remove and replace any damage
to other Work or the work of others resulting therefrom.
If CONTRACTOR does not promptly comply with the
terms of such instructions, or in an emergency where
delay would cause serious risk of loss or damage,
OWNER may have the defective Work corrected or the
rejected Work removed and replaced, and all claims,
costs, losses and damages caused by or resulting from
such removal and replacement (including 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 run from an
earlier date if so provided in the Specifications or by
Written Amendment.
13.12.3. Where defective Work (and damage to other
EJCDC GENERAL CONDITIONS 1910-9 (1990Editiai)
28 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 one 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 (and, prior to
ENGWEER's 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 OWNER's evaluation of and
determination to accept such defective Work (suds 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
Work or to remove and replace rejected Work as required
by ENGINEER in accordance with paragraph 13,11, or if
CONTRACTOR fails to perform the Work in accordance
with the Contract Documents, or if CONTRACTOR fails
to comply with any other provision of the Contract
Documents, OWNER may, after seven days' written
notice to CONTRACTOR, correct and remedy any such
deficiency. In exercising the rights and remedies under
this paragraph OWNER shall proceed expeditiously. In
connection with such corrective and remedial action,
OWNER may exclude CONTRACTOR from all or part of
the site, take possession of all or part of the Work, and
suspend CONTRACTOR's services related thereto, take
possession of CONTRACTOR's tools, appliances,
construction equipment and machinery at the site and
incorporate 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, ORTIER'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.
ARTICLE 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 ENGINFER 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 agreed to in writing, the Application for Payment
shall also be accompanied by a bill of sale, invoice or other
documentation warranting that OWNER has received the
materials and equipment free and clear of all Liens and
evidence that the materials and equipment are covered by
appropriate property insurance and other arrangements to
Protect OWNER's interest therein, all of which will be
satisfactory to OWNER. The amount of retamage with
respect to progress payments will be as stipulated in the
Agreement. Any funds that are withheld by the OWNER
shall not be subiect to substitution by the CONTRACTOR
with securities or any arrangements involving an escrow or
custodianship. By executing the application for payment
form the CONTRACTOR expressly waives his ri¢ht to the
benefits of Colorado Revised Statutes. Section 24-91-101,
or sea.
CONTRACTOR Is Warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title
to all Work, materials and equipment covered by any
Application for Payment, whether incorporated in the
Project or not, will pass to OWNER no later than the time
of payment free and clear of all Liens.
Review ofApplieations for Progress Payment:
14.4. ENGINEER will, within ten days after receipt of
each Application for Payment, either indicate in writing a
EICDC GENERAL CONDITIONS 1910.8 (1990 E(fitim)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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
ENGINEER's review of the Application for Payment and
the accompanying data and schedules, that to the best of
ENGINEER's knowledge; information and belief:
14.5.1. the Work has progressed to the point
indicated,
14.5.2. the quality of the Work is generally in
accordance with the Contract Documents (subject to
an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion, to the results
of any subsequent tests called for in the Contract
Documents, to a final determination of quantities and
classifications for Unit Price Work under
paragraph 9.10, and to any other qualifications stated
in the recommendation), and
14.5.3. the conditions precedent to
CONTRACTOR's being entitled to such payment
appear to have been fulfilled insofar as it is
ENGINEEWs responsibility to observe the Work.
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 (it) 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. ENGINF,ER'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 furnishing or
performance of Work, or for any failure of
CONTRACTOR to perform or furnish Work in
accordance with the Contract Documents.
14.7, ENGINEER may refuse to recommend the whole
or any part of any payment if, in ENGINEER's opinion, it
would be incorrect to make the representations to
29
OWNER referred to in paragraph 14.5. ENGINEER may
also refuse to recommend any such payment, or, because of
subsequently discovered evidence or the results of
subsequent inspections or tests, nullify any such payment
previously recommended, to such extent as may be
necessary in ENGINEER'S opinion to protect OWNER
from loss because:
14.7.1. the Work is defective, or completed Work has
been damaged requiring correction or replacement,
14.72. 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 everts 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 furnishing
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 set-
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 152.4 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 OWNER's satisfaction the
reasons for such action.
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work
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
30 EICDC GENERAL CONDITIONS 1910-8 (1990 Editiai)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4,2000)
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 objections, ENGINEER concludes that
the Work is not substantially complete, ENGINEER will
within fourteen days after submission of the tentative
certificate to OWNER notify CONTRACTOR in writing,
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 fmal 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 Utilization:
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
(n) 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.
14.10.1.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 Work. Within a reasonable time after either
such request, OWNER, CONTRACTOR and
ENGINEER shall make an inspection of that part of
the Work to determine its status of completion. If
ENGINEER does not consider that part of the Work to
be substantially complete, ENGINEER will notify
OWNER and CONTRACTOR in writing giving the
reasons therefor. If ENGINEER considers that part of
the Work to be substantially complete, the provisions
of 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 prior to compliance
with the requirements of paragraph 5.15 in respect of
property insurance.
Final Inspection:
1411. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete,
ENGINEER will make a final inspection with OWNER
and CONTRACTOR and will notify CONTRACTOR in
writing of all particulars in which this inspection reveals
that the Work is incomplete or defective. CONTRACTOR
shall immediately take such measures as are necessary to
complete such work or remedy such deficiencies.
Final Application for Payment.
14.12. After CONTRACTOR has completed all such
corrections to the satisfaction of ENGINEER and delivered
in accordance with the Contract Documents all
maintenance and operating instructions, schedules,
guarantees, Bonds, certificates or other evidence of
insurance required by paragraph 5.4, certificates of
inspection, marked -up record documents (as provided in
paragraph 6.19) and other documents, CONTRACTOR
may make application for final payment following the
procedure for progress payments. The final 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 ansing 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 furnish receipts or releases in full
and affidavit of CONTRACTOR that: (i) 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 in ight in any way be responsible have been paid or
otherwise satisfied. If any Subcontractor or Supplier fails
EJCDC GENERAL CONDITIONS 1910-8 (t 990 &btim)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV V2000)
to famish such a release or receipt in full,
CONTRACTOR may furnish a Bond or other collateral
satisfactory to OWNER to indemnify OWNER against
any Lien Releases or waivers of liens and the consent of
the surety to finalize payment are to be submitted on
forms conforming to the format of the OWNER'S standard
forms bound in the Pro
ject manual.
Final Payment and Acceptance:
14.13. If, on the basis of ENGINEER's observation of
the Work during construction and final inspection, and
ENGINEER's review of the final Application for Payment
and accompanying documentation as required by the
Contract Documents, ENGINEER is satisfied that the
Work has been completed and CONTRACTOR's other
obligations under the Contract Documents have been
fulfilled, ENGINEER will, within ten days after receipt of
the final Application for Payment, indicate in writing
ENGINEER'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 corrections 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 paragraph 17.6.2 of these
General Conditions.
14.14. I1 through no fault of CONTRACTOR, final
completion of the Work is significantly delayed and if
ENGINEER so confirms, OWNER shall, upon receipt of
CONTRACTOR's final Application for Payment and
recommendation of 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 retaimge
stipulated in the Agreement, and if Bonds have been
furnished 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 fully completed and accepted shall be
submitted by CONTRACTOR to ENGINEER with the
Application for such payment. Such payment shall be
made under the terms and conditions governing final
payment, except that it shall not constitute a waiver of
claims.
Waiver of Claims:
14.15. The making and acceptance of final payment will
constitute:
14,15.1. a waiver of all claims by OWNER against
CONTRACTOR, except claims arising from
unsettled Liens, from defective Work appearing after
31
final inspection pursuant to paragraph 14.11, from
failure to comply with the Contract Documents or the
terms of any special guarantees specified therein, or
from CONTRACTOR's continuing obligations under
the Contract Documents; and
14.15.2. A waiver of all claims by CONTRACTOR
against OWNER other than those previously made in
writing and still unsettled.
ARTICLE 15--SUSPENSION OF WORK AND
TERMINATION
OWNF_R May Suspend Work:
15.1. At any time and without cause, OWNER may
suspend the Work or any portion thereof for a period of not
more than ninety days by notice in writing to
CONTRACTOR and ENGINEER which will fix the date
on which Work will be resumed. CONTRACTOR shall
resume the Work 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 Mav Terminate:
15.2. Upon the occurrence of any one or more of the
following events:
15.2.1. if CONTRACTOR persistently fails to perform
the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established
under paragraph2.9 as adjusted from time to time
pursuant to paragraph 6.6);
1522. 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
pennitted by Laws and Regulations, terminate the services
of CONTRACTOR, exclude CONTRACTOR from the site
and take possession of the Work and of all
CONTRACTORs tools, appliances, construction
equipment and machinery at the site and use the same to
the full extent they could be used by CONTRACTOR
(without liability to CONTRACTOR for trespass or
conversion), incorporate in the Work all materials and
equipment stored at the site or for which OWNER has paid
32 EICDC GENERAL CONDITIONS 1910-8 (1990 ECHUM)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
CONTRACTOR but which are stored elsewhere, and
finish the Work as OWNER may deem expedient. In such
rase 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 completing the Work such excess will be
paid to CONTRACTOR. If such claims, costs, losses and
damages exceed such unpaid balance, CONTRACTOR
shall pay the difference to OWNER. Such claims, costs,
losses and damages incurred by OWNER will be reviewed
by ENGINEER as to their reasonableness and when so
approved by ENGINEER incorporated in a Change Order,
provided that when exercising any rights or remedies
under this paragraph OWNER shall not 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
furnishing 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 War* or Terminate:
15.5. If, throughno act or fault of CONTRACTOR, the
Work is suspended for a period of more than ninety days
by OWNER or under an order of court or other public
authority, or ENGINEER fails to act on any Application
for Payment within thirty days after it is submitted or
OWNER fails for thirty days to pay CONTRACTOR any