HomeMy WebLinkAbout- CONTRACT - BID - 5457 CRACK SEAL PROJECTC
SPECIFICATIONS AND
CONTRACT DOCUMENTS FOR
4 2000 CRACK SEAL PROJECT
BID NO. 5457
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BID OPENING
PURCHASING DMSION
256 WEST MOUNTAIN AVENUE, FORT COLLINS
TUESDAY, JANUARY 18, 2000
3 00 P M (OUR CLOCK)
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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 Lsed 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.
7/96
Section 00100 Page 1
�I
610 The divisions and sections of the Specifications
and the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among
Subcontractors or Suppliers or delineating the Work to be
performed by any specific trade
6 11 All Work performed for CONTRACTOR by a
Subcontractor or Supplier will be pursuant to an
appropriate agreement between CONTRACTOR and the
Subcontractor or Supplier which specifically binds the
Subcontractor or Supplier to the applicable terms and
conditions of the Contract Documents for the benefit of
OWNER and ENGINEER
i, . _Al :_ ,._,.,i en the-pfepefty
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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 indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's
Consultants and the officers, directors, employees, agents
and other consultants of each and any of them from and
against all claims, costs, losses and damages arising out
of or resulting from any infringement of patent 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.
Peanuts:
6 13 Unless otherwise provided to 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
14
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 and Regulations:
614 1 CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to
furnishing 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 exemot from Colorado State and
local sales and use taxes on materials to be
permanently incorporated into the proiect Said taxes
shall not be included in the Contract Price
CONTRACTOR must apply for, and receive, a
Certificate of Exemption from the Colorado
Department of Revenue for construction materials to
be physical incorporated into the project This
Certification of Exemption provides that the
CONTRACTOR shall neither oav nor include in his
Bid, Sales and Use Taxes on those building and
construction materialsRhvsically incorporated into the
project
Address
Colorado Department of Revenue
State Capital Annex
1375 Sherman Street
Denver, Colorado, 80261
Sales and Use Taxes for the State of Colorado.
Regional Transportation District (RTD) and certain
Colorado counties are collected by the State of
Colorado and are included in the Certification of
Exemption
All applicable Sales and Use Taxes (including State
collected taxes), on any items other than construction
and building materials physically incorporated into the
EJCDC GENERAL CONDITIONS 1910-5 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
record documents, Samples
delivered to ENGINEER for
Drawings will be
Use of Premises:
6 16
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CONTRACTOR shall confine construction
trient, the storage of materials and equipment and the
tions of workers to the site and land and areas
fired in and permitted by the Contract Documents
bother land and areas permitted by Laws and
lations, rights -of -way, permits and easements, and
not unreasonably encumber the premises with
ruction equipment or other materials or equipment
TRACTOR shall assume full responsibility for any
ge to any such land or area, or to the owner or
)ant thereof or of any adjacent land or areas,
ing from the performance of the Work Should any
be made by any such owner or occupant because of
)erformance of the Work, CONTRACTOR shall
ptly settle with such other party by negotiation or
wise resolve the claim by arbitration or other dispute
ition proceeding or at law CONTRACTOR shall, to
ullest extent permitted by Laws and Regulations,
unify and hold harmless OWNER, ENGINEER,
INEER's Consultant and anyone directly or indirectly
Dyed by any of them from and against all claims,
, losses and damages arising out of or resulting from
warm or actin, legal or equitable, brought by any
owner or occupant against OWNER, ENGINEER or
other party indemnified hereunder to the extent
:d by or based upon CONTRACTOR's performance
e Work
During the progress of the Work, CONTRACTOR
keep the premises free from accumulations of waste
gals, rubbish and other debris resulting from the
: At the completion of the Work CONTRACTOR
remove all waste materials, rubbish and debris from
ibout the premises as well as all tools, appliances,
ruction equipment and machinery and surplus
gals CONTRACTOR shall leave the site clean and
for occupancy by OWNER at Substantial
Dletion of the Work CONTRACTOR shall restore to
ial condition all property not designated for alteration
e Contract Documents
CONTRACTOR shall not load nor permit any part
ry structure to be loaded in any manner that will
iger the structure, nor shall CONTRACTOR subject
)art of the Work or adjacent property to stresses or
ures that will endanger it
rd Documents:
CONTRACTOR shall maintain in a safe place at
irte one record copy of all Drawings, Specifications,
enda, Written Amendments, Change Orders, Work
ige Directives, Field Orders and written
pretations and clarifications (issued pursuant to
graph 9 4) in good order and annotated to show all
iges made during construction These record
iments together with all approved Samples and a
iterpart of all approved Shop Drawings will be
[able to ENGINEER for reference Upon completion
ie Work, and prior to release of final payment these
Safety and Protection:
620 CONTRACTOR shall
maintaining and supervising
programs in connection with
shall take all necessary preca
shall provide the necessary pi
injury or loss to.
6 20 1 all persons on
affected by the Work,
6 20 2 all the Work and
be incorporated therein,
the site, and
responsible for initiating,
safety precautions and
Work. CONTRACTOR
ins for the safety of, and
ction to prevent damage,
Work site or who may be
Is and equipment to
in storage on or off
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 ifor removal, relocation or
replacement in the course of construction
CONTRACTOR shall comp
and Regulations of any public
safety of persons or propei
damage, injury or loss, and
necessary safeguards for s
CONTRACTOR shall notifti
and of Underground Facilit
prosecution of the Work i
cooperate with them in the pi
and replacement of their pro
loss to any property referre
6 20 3 caused, directly or in
by CONTRACTOR, any Su
other person or organiza
employed by any of them to
Work or anyone for whose a(
shall be remedied by CONT:
loss attributable to the fault (
or to the acts or omissions o
ENGINEER's Consultant or
them or anyone for whose ac
and not attributable, directly
part, to the fault or negligen
Subcontractor, Supplier or i
directly or indirectly em
CONTRACTOR's duties and
and protection of the Work
as all the Work is complete(
a notice to OWNER and C(
with paragraph 14 13 that th
as otherwise expressly pr,
Substantial Completion)
6.21. Safety
CONTRACTOR shall
experienced safety repres
and responsibilities shall
and the maintaining and
and programs.
t with all applicable Laws
body having jurisdiction for
,v or to protect them from
;hall erect and maintain all
ch safety and protection
)wners of adjacent property
:s and utility owners when
ay affect them, and shall
)tection, removal, relocation
erty All damage, injury or
to in paragraphs 6 20 2 or
irectly, in whole or in part,
contractor, Supplier or any
on directly or indirectly
erform or furnish any of the
s any of them may be liable,
ACTOR (except damage or
Drawings or Specifications
OWNER or ENGINEER or
nyone employed by any of
> any of them may be liable,
Dr indirectly, in whole or in
of CONTRACTOR or any
:her person or organization
toyed by any of them)
esponsibilities for the safety
,all continue until such time
and ENGINEER has issued
VTRACTOR in accordance
Work is acceptable (except
vided in connection with
ignate a qualified and
tive at the site whose duties
the prevention of accidents
wising of safety precautions
GENERAL CONDITIONS 1910-8 (1990 Edition)
OF FORT COLLINS MODIFICATIONS (REV 9194)
15
Hazard Communication Programs:
numbers and similar information with respect
thereto,
6 22 CONTRACTOR shall be responsible for
coordinating any exchange of material safety data sheets
or other hazard communication information required to be
made available to or exchanged between or among
employers at the site in accordance with Laws or
Regulations
Emergencies:
623 In emergencies affecting the safety or protection of
persons or the Work or property at the site or adiacent
thereto, CONTRACTOR, without special instruction or
authorization from OWNER or ENGINEER, is obligated
to act to prevent threatened damage, injury or loss
CONTRACTOR shall give ENGINEER prompt written
notice if CONTRACTOR believes that any significant
changes in the Work or variations from the Contract
Documents have been caused thereby If ENGINEER
determines that a change in the Contract Documents is
required because of the action taken by CONTRACTOR
in response to such an emergency, a Work Change
Directive or Change Order will be issued to document the
consequences of such action
6.24. Shop Drawings and Samples:
6 24 1 CONTRACTOR shall submit Shop Drawings
to ENGINEER for review and approval in accordance
with the accepted schedule of Shop Drawings and
Sample submittals (see paragraph 2 9) All submittals
will be identified as ENGINEER may require and in
the number of copies specified in the General
Requirements The data shown on the Shop Drawings
will be complete with respect to quantities,
dimensions, specified performance and design criteria,
materials and similar data to show ENGINEER the
materials and equipment CONTRACTOR proposes to
provide and to enable ENGINEER to review the
information for the limited purposes required by
paragraph 6 26
6 24 2 CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance
with said accepted schedule of Shop Drawings and
Sample submittals Each Sample will be identified
clearly as to material, Supplier, pertinent data such as
catalog numbers and the use for which intended and
otherwise as ENGINEER may require to enable
ENGINEER to review the submittal for the limited
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:
625 1 1 all field measurements, quantities,
dimensions, specified performance criteria,
installation requirements, materials, catalog
625 12 all materials with respect to intended
use, fabrication, shipping, handling, storage,
assembly and installation pertaining to the
performance of the Work, and
625 13 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
626 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
627 ENGINEER's review and approval of Shop
Drawings or Samples shall not relieve CONTRACTOR
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
16
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
approl al by ENGINEER relieve CONTRACTOR from
responsibility for complying with the requirements of
naraaravh 6.25 1
6 28 I 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
requited by paragraph 2 9, any related Work performed
prior to ENGINEER's review and approval of the
pertu I ient submittal will be at the sole expense and
responsibility of CONTRACTOR.
the Work:
6 29 CONTRACTOR shall carry on the Work and
adhet e to the progress schedule during all disputes or
disagreements with OWNER No Work shall be delayed
or ostponed pending resolution of any disputes or
disagreements, except as permitted by paragraph 15 5 or
as OWNER and CONTRACTOR may otherwise agree in
6.30i CONTRACTOR's General Warranty and
Guarantee:
30 1 CONTRACTOR warrants and guarantees to
)WNER, ENGINEER and ENGINEER's Consultants
iat all Work will be in accordance with the Contract
)ocuments and will not be defective
'ONTRACTOR's warranty and guarantee hereunder
xcludes defects or damage caused by
6 30 1 1 abuse, modification or improper
maintenance or operation by persons other than
CONTRACTOR, Subcontractors or Suppliers, or
6 30 1 2 normal wear and tear under normal
usage
30 2 CONTRACTOR's obligation to perform and
omplete the Work in accordance with the Contract
)ocuments shall be absolute None of the following
iiil constitute an acceptance of Work that is not in
ccordance with the Contract Documents or a release
f CONTRACTOR's obligation to perform the Work
i accordance with the Contract Documents
6302.1 observations by ENGINEER,
63022. recommendation of any progress or
final payment by ENGINEER;
63023 the issuance of a certificate of
Substantial Completion or any payment by
OWNER to CONTRACTOR under the Contract
Documents,
63024 use or occupancy of the Work or any
part thereof by OWNER,
6 302 5 any acceptance by OWNER or any
failure to do so,
63026 any review and approval of a Shop
Drawing or Sample submittal or the issuance of a
notice of acceptability by ENGINEER pursuant to
paragraph 14 13,
6 3027 any msp fiction, test or approval by
others, or
63028 any correction of defective Work by
OWNER I
Indemnification:
6 31 To the fullest exterit 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
(1) 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 (rr) is caused in whole or to part
by any negligent act or omission of CONTRACTOR, any
Subcontractor, any Supplier,) ar)' 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 bf any such person or entity
I
632 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
any of them to perform or fumish any of the Work or
anyone for whose acts any lof 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, compensatiIon 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 indemnificlation obligations of
CONTRACTOR under paragraph 6,31 shall not extend to
the liability of ENGINEER acid ENGINEER's Consultants,
officers, directors, employees or agents caused by the
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9194) 17
professional negligence, errors or omissions of any of
them
Survival of Obligations:
634 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
CONTRACTOR may make a claim therefor as
},i.,vided in Articles 11 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 direct contract and each utility
owner (and OWNER, if OWNER is performing the
additional work with OWNER's employees) proper and
safe access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and
the execution of such other work and shall properly
connect and coordinate the Work with theirs Unless
otherwise provided in the Contract Documents,
CONTRACTOR shall do all cutting, fitting and patching
of the Work that may be required to make its several parts
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 provisions for the benefit of
CONTRACTOR in said direct contracts between OWNER
and such utility owners and other contractors
73 If the proper execution or results of any part of
CONTRACTOR's Work depends upon work performed by
others under this Article 7, CONTRACTOR shall inspect
such other work and promptly report to ENGINEER in
writing any delays, defects or deficiencies in such other
work that render it unavailable or unsuitable for the
proper execution and results of CONTRACTOR'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
following will be set forth in Supplementary Conditions
7.4 1 the person, firm or corporation who will have
authority and responsibility for coordination of the
activities among the various prime contractors will be
identified,
7 4 2 the specific matters to be covered by such
authority and responsibility will be itemized, and
7 4 3 the extent of such authority and
responsibilities will be provided
Unless otherwise provided in the Supplementary
Conditions, OWNER shall have sole authority and
responsibility in respect of such coordination.
ARTICLE 8--OWNERS RESPONSIB LTTIES
8 1 Except as otherwise provided in these General
Conditions, OWNER shall issue all communications to
CONTRACTOR through ENGINEER
82 In case of termination of the employment of
ENGINEER, OWNER shall appoint an engineer aga,i
rFnAnwTTo n rTno L Fiereasenat,i �.
whose status under the Contract Documents shall be that
of the former ENGINEER
8 3 OWNER shall furnish the data required of
OWNER under the Contract Documents promptly and
shall make payments to CONTRACTOR promptly when
they are due as provided in paragraphs 14 4 and 14 13.
8 4 OWNER's duties in respect of providing lands and
easements and providing engineering surveys to establish
reference points are set forth in paragraphs 4.1 and 4 4.
Paragraph 4 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.
86 OWNER is obligated to execute Change Orders as
indicated in paragraph 10 4
18
EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
8 7. OWNER'S responsibility in respect of certain
inspections, tests and approvals is set forth in
paragraph 13A
88 In connection with OWNER's right to stop Work
or suspend Work, see paragraphs 13 10 and 15 1
v�. 1 t ) .taoto .v,rh nwW TFR's right to terminate
services of CONTRACTOR under certain circumstances
3 The OWNER shall not supervise, direct or have
:ontrol or authority over, nor be responsible for,
CONTRACTOR's means, methods, techniques, sequences
Dr rocedures of construction or the safety precautions and
programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and Regulations
ap I plicable 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
thle Contract Documents
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A TICLE 9--ENGINEERS STATUS DURING
CONSTRUCTION
OWNER'S Representative:
91 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
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all not be extended without written consent of OWNER
d ENGINEER
to Site:
2 ENGINEER will make visits to the site at intervals
propriate to the various stages of construction as
4GINEER deems necessary in order to observe as an
perienced and qualified design professional the progress
at has been made and the quality of the various aspects
CONTRACTOR's executed Work Based on
formation obtained during such visits and observations,
1GINEER will endeavor for the benefit of OWNER to
termine, in general, if the Work is proceeding ,n
cordance with the Contract Documents ENGINEER
11 not be required to make exhaustive or continuous on-
e inspections to check the quality or quantity of the
ork ENGINEER's efforts will be directed toward
oviding for OWNER a greater degree of confidence that
:DC GENERAL CONDITIONS 1910-8 (1990 Edition)
CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
the completed Work wil
Contract Documents On t'.
site observations, ENGII
informed of the progress of
guard OWNER against de
visits and on -site observE
limitations on ENGINEER
set forth in paragraph 9 13
limitation, during or as a
visits or observations
ENGINEER will not supe
authority over or be resp
means, methods, technique
construction, or the safe
incident thereto, or for any
comply with Laws and I
furnishing or performance
Project Representative:
93 If OWNER and E
will furnish a Resident P
ENGINEER in providing i
the Work The respui
limitations thereon of
Representative and asses
paragraphs 9 3 and 9 13
Conditions of these Gen
designates another repres
OWNER at the site who i
agent or employee, the re:
limitations thereon of s,
provided in toe Suppleme
conform generally to the
basis of such visits and on-
EER will keep OWNER
ie Work and will endeavor to
ective Work. ENGINEER's
ions are subject to all the
authority and responsibility
and particularly, but without
!sult of ENGINEER's on -site
f CONTRACTOR's Work
vise, direct, control or have
risible for CONTRACTOR's
sequences or procedures of
precautions and programs
failure of CONTRACTOR to
egulations applicable to the
f the Work
iGINEER agree, ENGINEER
>ject Representative to assist
ore continuous observation of
ibildies and authority and
ny such Resident Project
nts will be as provided in
and in the
-al Conditions If OWNER
itative or agent to represent
not ENGINEER's Consultant,
onsibilities and authority and
h other person will be as
the ENGINEER andl-
CONTRACTOR But. the
Representative will
Ikeep the OWNER properly
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 3 Liaison
93 23 1 Serve as ENGTNEER'S liaison
with CONTRACTOR working principally
through CONTRACTOR'S superintendent to
assist the CONTRACTOR in understanding
the Contract Documents
9 3 2 3 2 Assist in obtaining,, from OWNER
additional details or information, when
required for proper execution of the Work
9 3 2 3 3 Advise the ENGINEER and
CONTRACTOR of the commencement of any
Work requiring a Shop Drawing or sample
submission if the submission has not been
approved by the ENGINEER
9 3 24 Review of Work, Reiection of
Defective Work Inspections and Tests -
9 3 2 4 1 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
9 3 2 4 2 Report to the ENGTNEER
whenever the Representative believes that the
Work is unsatisfactory, faulty or defective or
does not conform to the Contract Documents
or has been damaged or does not meet the
requirements of any inspections, tests or
approvals required to be made and advise the
ENGINEER when he believes work should be
corrected or rejected or should be uncovered
for observation or requires special testing,
inspection or approval
9 3 2 4 3 Accompany visiting inspectors
representing Public or other agencies having
lurisdichon over the Protect, 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 su¢Aestions for 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 27 1 Maintain at the Representative's
office orderly_ files conceming cg orrespondence,
reports of iob conferences, Shop Drawings and
samples reproductions or original Contract
Documents including all Work Directive
Changes, Addenda, Change orders Field
Orders, additional drawings issued subsequent
to the execution of the Agreement
ENGINEER'S clarifications and
inteMretations of the Contract Documents
progress reports and other protect documents
9 3 2 72 Keep a diary, daily report form,
or log book, recording hours on the lob site
weather conditions, data relative to questions
of work directive changes, Change Orders or
chanced conditions, list of iob site visitors
date activities decisions, observations in
general and specific observations in more
detail as in the case of observing test
procedures, send copies to the ENGINEER
9 3 2 7 3 Record names, addresses and
telephone numbers of all CONTRACTORS
subcontractors and major suppliers of
equipment and materials
9 3 2 8 Reports
9 3 2 8 1 Furnish ENGINEER periodic
reports, as required, of the progress of the
Work and of the CONTRACTOR'S
compliance with the progress schedule and
schedule of shop Drawing and sample
submittals
9 3 2 8 2 Consult with ENGINEER in
advance of scheduling maTor tests,inspections
or start of important phases of the Work
9 3 2 8 3 Draft proposed Change Orders
and Work Directive Changes obtaining
backup material from the CONTRACTOR
and recommend to ENGINEER Change
Orders, Work Directive- -Changes and field
orders
93284 Report immediately to
ENGINEER and OWNER the occurrence of
any accident
9 3 2 9 Payment Requests Review applications
for payment with CONTRACTOR for compliance
with the established procedure for their
submission and forward with recommendation to
ENGINEER, noting particularly the relationship of
the pavment requested to the schedule of values
work completed and matenals and equipment
delivered at the site but -not incorporated in the
Work
93 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
EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
20 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
m
or
to
CM C(
pry
CONTRACTOR and prepare a final list of
items to be corrected or completed
9 3 2 10 3 Observe that all items on the final
list have been corrected or completed and
make recommendations to ENGINEER
concer-ningacceutance
9 3 3 Limitation of Authority The Representative
hall 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 anv 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 anv 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 regarding or
assume control over safety precautions and
programs in connection 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 occuov the Work in
whole or in part
9 3 3 8 Particmate in specialized Geld or
laboratory tests or inspections conducted by others
except as specifically authorized by the
ENGINEER
vifications and Interpretations:
P' IJMTTFRA 1.111 .. m,t}, ran cnn ahlr nrn mntnncc
h written clarifications or interpretations of the
ruements of the Contract Documents (in the form of
wings or otherwise) as ENGINEER may determine
essary, which shall be consistent with the intent of and
sonably inferable from the Contract Documents Such
tten clarifications and interpretations will be binding on
'NER and CONTRACTOR. If OWNER or
NTRACTOR believes that a written clarification or
rpretation justifies an adjustment in the Contract Price
he Contract Times and the parties are unable to agree
:he amount or extent thereof, if any, OWNER or
VTRACTOR may make a written claim therefor as
✓ided in Article i I or Article 12
Authorized Variations in
9 5 ENGINEER may ai
Work from the requiremer
which do not involve an ac
or the Contract Times and
concept of the completed 1
as indicated by the Contra
accomplished by a Field i
OWNER and also on CON
the Work involved pi
CONTRACTOR believes
adjustment in the Contract:
the parties are unable to al
thereof, OWNER or CONI
claim therefor as provided
Rejecting Defective Work:
9 6 ENGINEER will ha
reject Work which ENGINI
or that ENGINEER believes
Project that conforms to the
will prejudice the integrity
completed Project as a fund
the Contract Documents
authority to require special
Work as provided in paragi
Work is fabricated, installer
Shop Drawings, Change
orize minor variations in the
of the Contract Documents
stment in the Contract Price
compatible with the design
Iect as a functioning whole
Documents. These may be
Ier and will be binding on
LACTOR who shall perform
rptly If OWNER or
t a Field Order justifies an
ce or the Contract Times and
e as to the amount or extent
kCTOR may make a written
Article 11 or 12.
,e authority to disapprove or
ER believes to be defective,
.vill not produce a completed
Contract Documents or that
if the design concept of the
onmg whole as indicated by
ENGINEER will also have
inspection or testing of the
iph 13 9, whether or not the
or completed.
and Payments:
97 In connection with IENGINEER's authority as to
Shop Drawings and Samples, see paragraphs 6 24 through
6 28 inclusive
98 In connection with IENGINEER's authority as to
Change Orders, see Articles 10, 11, and 12.
9 9 In connection with
Applications for Payment, :
Determinations for Unit
IGINEER's authority as to
Article 14.
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
for Payment or otherwise) ENGINEER's written decision
thereon will be final and Ibmdmg 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 JENGINEER's decision and-
(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 Ibeen entered into, a formal
proceeding is instituted by the appealing party in a forum
of competent jurisdiction Ito exercise such rights or
remedies as the appealing party may have with respect to
EICDC GENERAL CONDITIONS 1910.8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) 21
Documents or by Laws or Regulations in respect of any
such claim, dispute or other matter Yurc^_^t'c � c,
ENGINEER's decision, unless otherwise agreed in writing
by OWNER and CONTRACTOR Such appeal will not
be subject to the procedures of paragraph 9 11
Decisions on Disputes:
9 11 ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder Claims, disputes
and other matters relating to the acceptability of the Work
or the interpretation of the requirements of the Contract
Documents pertaining to the performance and furnishing
of the Work and claims under Articles 11 and 12 in
respect of changes in the Contract Price or Contract Times
will be referred initially to ENGINEER in writing with a
request for a formal decision in accordance with this
paragraph Written notice of each such claim, dispute or
other matter will be delivered by the claimant 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 ..nd 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 (u) 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 decision, unless otherwise agreed in writing
by OWNER and CONTRACTOR.
9 12 When functioning as interpreter and judge under
paragraphs 9 10 and 9 11, ENGINEER will not show
partiality to OWNER or CONTRACTOR and will not be
liable in connection with any interpretation or decision
rendered in good faith in such capacity The rendering of
a decision by ENGINEER pursuant to paragraphs 9 10 or
9 11 with respect to any such claim, dispute or other
matter (except any which have been waived by the
making or acceptance of final payment as provided in
paragraph 14 15) will be a condition precedent to any
exercise by OWNER or CONTRACTOR of such rights or
remedies as either may otherwise have under the Contract
22
9.13. Limitations on ENGINEM Authority and
Responsibilities:
9 13 1 Neither ENGINEER'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
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
EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
doc ment, CONTRACTOR shall promptly proceed with
the Work involved which will be performed under the
app icable conditions of the Contract Documents (except
as therwise specifically provided).
10 If OWNER and CONTRACTOR are unable to
agr e as to the extent, if any, of an adjustment in the
Cc tract Price or an adjustment of the Contract Times that
should be allowed as a result of a Work Change Directive,
a c aim may be made therefor as provided in Article I 1 or
icle 12
IN
is
in
CONTRACTOR shall not be entitled to an
;ase in the Contract Price or an extension of the
tract Times with respect to any Work performed that
it required by the Contract Documents as amended,
ified and supplemented as provided in paragraphs 3 5
3 6, except in the case of an emergency as provided
aragraph 6 23 or in the case of uncovering Work as
sided in paragraph 13 9
4 OWNER and CONTRACTOR shall execute
iropriate Change Orders recommended by ENGINEER
Written Amendments) covering-
10 4A changes in the Work which are (i) ordered by
OWNER pursuant to paragraph 10 1, (it) required
because of a,ceptance of defective Work under
paragraph 13 13 or correcting defective Work under
paragraph 13 14, or (m) agreed to by the parties,
10 4 2 changes in the Contract Price or Contract
Times which are agreed to by the parties, and
10 4 3 changes in the Contract Price or Contract
Times which embody the substance of any written
decision rendered by ENGINEER pursuant to
paragraph 9 11,
ovided that, in lieu of executing any such Change
der, an appeal may be taken from any such decision in
cordance with the provisions of the Contract Documents
d applicable Laws and Regulations, but during any such
peal, CONTRACTOR shall carry on the Work and
here to the progress schedule as provided in
raizraoh 6.29
1 5 If notice of any change affecting the general scope
the Work or the provisions of the Contract Documents
icluding, but not limited to, Contract Price or Contract
mes) is required by the provisions of any Bond to be
yen to a surety, the giving of any such notice will be
DNTRACTOR's responsibility, and the amount of each
rplrcable Bond will be adjusted aticordingly.
exoressly acknowledge a Id agree that claims for
adjustments to the Contract iPrice and/or Contract Times
covered by a Change Order, Work Change Directive or
Written Agreement are not valid
ARTICLE 11--CHANGE OF CONTRACT PRIG
111 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 CONTRACTOR's expense
without change in the Contract Price
112. 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 Ithe party making the claim to
the other party and to ENGINEER promptly (but in no
event later than thirty days) after the start of the
occurrence or event giving rise to the claim and stating the
general nature of the claim! Notice of the amount of the
claim with supporting data shall be delivered within sixty
days after the start of such occurrence or event (unless
ENGINEER allows additional time for claimant to submit
additional or more accurate data in support of the claim)
and shall be accompanied by claimant's written statement
that the adjustment claimed covers all known amounts to
which the claimant is entitled as a result of said
occurrence or event. All I claims for adjustment in the
Contract Price shall be determined by ENGINEER in
accordance with paragraph 9.11 if OWNER and
CONTRACTOR cannot otherwise agree on the amount
involved No claim for an adjustment in the Contract
Price will be valid if not submitted in accordance with this
paragraph 112.
113 The value of any -Work covered by a Change
Order or of any claim for an adjustment in the Contract
Price will be determined as follows:
11 3 1 where the Work involved is covered by unit
prices contained in the Contract Documents, by
application of such unit prices to the quantities of the
items involved (subject to the provisions of
paragraphs 11.9.1 through 11.9.3, inclusive),
11 3 2 where the W Irk 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 115)
plus a CONTRACTOR's fee for overhead and profit
(determined as provided in paragraph 11 6)
'DC GENERAL CONDITIONS 1910-8 (1990 Edition)
CITY OF FORT COLLINS MODIFICATIONS (REV 9194)
23
4.0
J
3.2. In accordance with Section 8-159 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 J
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 ]ust 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.
J
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
EXAMINATION OF CONTRACT DOCUMENTS AND SITE 117
J
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 —y
familiarize himself with local conditions that may in any manner affect J
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.
J
4.2. Reference is made to the Supplementary Conditions for identification
of: Subsurface and Physical Conditions SC-4.2.
J
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
7/96
Section 00100 Page 2
i'
u
J
Cost of the Wor*.
114,5 Supplemental costs including the following:
114 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 shall
be in amounts no higher than those prevailing in the
locality of the Project, shall Include only the following
items and shall not include any of the costs itemized in
paragraph 115
11.41 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 trtalude, 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 ardrarn en benefits,, —bps;
applicable thereto
The expenses of performing Work after regular
working hours, on Satu,day, Sunday or legal holidays,
shall be included in the above to the extent authorized
by OWNER,
114.2. 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,
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 114, 115, 116 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 1 The proportion of necessary
transportation, travel and subsistence expenses of
CONTRACTOR's employees incurred in discharge
of duties connected with the Work
114 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
114 53 Rentals of all construction equipment
and machinery and the parts thereof whether
rented from CONTRACTOR or others in
accordance with rental agreements approved by
OWNER with the advice of ENGINEER, and the
costs of transportation, loading, unloading,
installation, dismantling and removal thereof --all
in accordance with terms of said rental
agreements The rental of any such equipment,
machinery or parts shall cease when the use
thereof is no longer necessary for the Work
I 1 4 5 4 Sales, consumer, use or similar taxes
related to the Work, and for which
CONTRACTOR is liable, imposed by Laws and
Regulations
11 4 5 5 Deposits lost for causes other than
negligence of CONTRACTOR, any Subcontractor
or anyone directly or indirectly employed by any
of them or for whose acts any of them may be
liable, and royalty payments and fees for permits
and licenses
11 4 5 6 Losses and damages (and related
expenses) caused by damage to the Work, 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 losses, damages and expenses
shall be included in the Cost of the Work for the
purpose of determining CONTRACTOR's fee. If,
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.
11457. The cost of utilities, fuel and sanitary
facilities at the site
24
EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9194)
1145 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
11459 Cost of premiums for additional
Bonds and insurance required because of changes
in the Work
The term Cost of the Work shall not include any
following
151. Payroll costs and other compensation of
ONTRACTOR's officers, executives, principals (of
artnership and sole proprietorships), general
tanagers, engineers, architects, estimators, attorneys,
uditors, accountants, purchasing and contracting
gents, expediters, timekeepers, clerks and other
ersonnel employed by CONTRACTOR whether at the
ite or in CONTRACTOR's principal or a branch
ffice for general administration of the Work and not
pecifically included in the agreed upon schedule of
ob classifications referred to in paragraph 11 4 1 or
pecifically covered by paragraph 11 4 4--all of which
re to be considered administrative costs covered by
he CONTRACTOR's fee
1 5 2 Expen-es of CONTRACTOR's principal and
ranch offices other than CONTRACTOR's office at
le site
1 5 3 Any part of CONTRACTOR's capital
xpenses, including interest on CONTRACTOR'S
apital employed for the Work and charges against
:ONTRACTOR for delinquent payments
11 5 4 Cost of premiums for all Bonds and for all
msurance whether or not CONTRACTOR is required
by the Contract Documents to purchase and maintain
the same (except for the cost of premiums covered by
subparagraph 11 4 5 9 above).
11 5 5 Costs due ' to the negligence of
CONTRACTOR, any Subcontractor, or anyone directly
or indirectly employed by any of them or for whose
acts any of them may be liable, including but not
limited to, the correction of defective Work, disposal
of materials or equipment wrongly supplied and
making good any damage to property
11 5 6 Other overhead or general expense costs of
any kind and the costs of any item not specifically and
expressly included in paragraph 114.
The CONTRACTOR's fee allowed to
LACTOR for overhead and profit shall be
ned as follows•
11 6 1. a mutually acceptable fixed fee; or
116,2 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
GENERAL CONDITIONS 1910.8 (1990 Edition)
' OF FORT COLLINS MODIFICATIONS (REV 9/94)
11621. for c Ists incurred under
paragraphs 11 411 and 11 4.2, the
CONTRACTOR's fee, shall be fifteen percent,
11622 for costs incurred under
paragraph 114 3, the CONTRACTOR's fee shall
be five percent,
116 2 3 where
subcontracts are on t
plus a fee and no f
intent of paragraph:
1162 is that the
performs or fumishe
will be paid a fee o
incurred by such Sul
11 4 1 and 11.4 2
Subcontractor and C
paid a fee of —five g
11 6 2 4 no fee
of costs itemized c
and 11.5,
ine or more tiers of
ie basis of Cost of the Work
ted fee is agreed upon, the
11 41, 11 4 2, 11.43 and
ubcontractor who actually
the Work, at whatever tier,
fifteen percent of the costs
contractor under paragraphs
and that any higher tier
DNTRACTOR will each be
to be negotiated
I be payable on the basis
paragraphs 114 4, 11.4 5
11625 the amount of credit to be allowed by
CONTRACTOR to OWNER far any change
which results in a net decrease in cost will be the
amount of the actual net decrease in cost plus a
deduction in CONTRACTOR's fee by an amount
equal to five percent of such net decrease, and
11 6 2 6 when both additions and credits are
involved in any one change, the adjustment in
CONTRACTOR's fee shall be computed on the
basis of the net change in accordance with
paragraphs 11 6 2 11 through 11.6 2 5, inclusive.
117 Whenever the ci
determined pursuant to
CONTRACTOR will est
thereof in accordance with
practices and submit in for,
itemized cost breakdown t
Cash Allowances:
11 8 It is understood tho
in the Contract Price all
Contract Documents and sl
to be furnished and perfor
acceptable to OWNER and
agrees that.
1181 the allowar
CONTRACTOR (less
of materials and equip
to be delivered at th(
and
of any Work is to be
paragraphs 114 and 115,
ilish and maintain records
enerally accepted accounting
acceptable to ENGINEER an
;ether with supporting data
CONTRACTOR has included
illowances so named in the
ill cause the Work so covered
led for such sums as may be
7NG1NEER. CONTRACTOR
11 8 2. CONTRACTOR
handling on the site,
include the cost to
applicable trade discounts)
required by the allowances
, and all applicable taxes;
's costs for unloading and
labor, installation costs,
25
overhead, profit and other expenses contemplated for
the allowances have been included in the Contract
Price and not in the allowances and no demand for
additional payment on account of any of the foregoing
will be valid
Prior to final payment, an appropriate Change Order will
be issued as recommended by ENGINEER to reflect
actual amounts due CONTRACTOR on account of Work
covered by allowances, and the Contract Price shall be
correspondingly adjusted -
11.9. Unit Price Work:
11 9 1 Where the Contract Documents provide that
all or part of the Work is to be Unit Price 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
11 9 3 OWNER or CONTRACTOR may make a
claim for an adjustment in the Contract Price in
accordance with Article 11 if
11 9 3 1 the quantity of any item of Unit Price
Work performed by CONTRACTOR differs
materially and significantly from the estimated
quantity of such item indicated in the Agreement,
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 quantities at OWNER'S sole
discretion without affecting the Contract Price of
any 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 TBI S
12 1 The Contract Times (or Milestones) may only be
changed by a Change Order or a Written Amendment.
Any claim for an adjustment of the Contract Times (or
Milestones) shall be based on written notice delivered by
the party making the claim to the other party and to
ENGINEER promptly (but in no event later than thirty
days) after the 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 claimant's written statement that the
adjustment claimed is the entire adjustment to which the
claimant has reason to believe it is entitled as a result of
the occurrence of said event All claims for adjustment in
the Contract Times (or Milestones) shall be determined by
ENGINEER in accordance with paragraph 9 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. In no event shall
OWNER be liable to CONTRACTOR, any Subcontractor,
any Supplier, any other person or organization, or to any
surety for or employee or agent of any of them, for
damages arising out of or resulting from (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
26
E]CDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9194)
A -,I
ICLE 13--TESTS AND INSPECTIONS; CONTRACTOR's purchase thereoffor incorporation inthe
CORRECTION,
REMOVAL OR ACCEPTANCE OF Work
DEFECTIVE
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
13.1.
Notice of Defects: ENGINEER, it must, if requested by ENGINEER, be
uncovered for observation
Pr
mpt notice of all defective Work of which OWNER or
ENGINEER
have actual knowledge will be given to 13 7 Uncovering Work as provided in paragraph 13 6
C
NTRACTCR All defective Work may be rejected, shall be at CONTRACTOR's expense unless
or accepted as provided in this Article 13 CONTRACTOR has given (ENGINEER timely notice of
CONTRACTOR's intention to cover the same and
acorrected
Access
to Work: ENGINEER has not acted with reasonable promptness in
response to such notice
13
2 OWNER, ENGINEER, ENGINEER's Consultants,
other
a
representatives and personnel of OWNER, Uncovering Work:
iri
ependent testing laboratories and governmental
agencies
with jurisdictional interests will have access to 13 8 If any Work is covered contrary to the written
tht
Work at—reaseriabi dies for their observation, request of ENGINEER, it must, if requested by
in
petting and testing CONTRACTOR shall provide ENGINEER, be uncovered for ENGINEER's observation
them
proper and safe conditions for such access and and replaced at CONTRACTOR's expense
advise
them of CONTRACTOR's site safety procedures
and
programs so that they may comply therewith as 13 9 If ENGINEER considers it necessary or advisable
applicable
that covered Work be observed by ENGINEER or
inspected or tested by lothers, CONTRACTOR, at
Tests
and Inspections: ENGINEER's request, shall uncover, expose or otherwise
make available for observation, inspection or testing as
13
3 CON -TRACTOR shall give ENGINEER timely ENGINEER may require, that portion of the Work in
notice
of readiness of the Work for all required question, furnishing all necessary labor, material and
in
pections, tests or approvals, and shall cooperate with equipment If it is found that such Work is defective,
in
pection and testing personnel to facilitate required CONTRACTOR shall pay all claims, costs, losses and
inspections
or tests damages caused by, arising out of or resulting from such
uncovering, exposure, observation, inspection and testing
13
4 OWNER shall employ and pay for the services of and of satisfactory replacement or reconstruction,
a
independent testing laboratory to per£oim all (including but not limited to all costs of repair or
in
pections, tests, or approvals required by the Contract replacement of work of others), and OWNER shall be
D
cuments except. entitled to an appropriate decrease to the Contract Price,
and, if the parties are unable to agree as to the amount
13 4 1 for inspections, tests or approvals covered by thereof, may make a claim therefor as provided in
paragraph 13 5 below, Article I I If, however, such Work is not found to be
defective, CONTRACTOR shall be allowed an increase in
13 4 2 that costs incurred in connection with tests or the Contract Price or an extension of the Contract Times
inspections conducted pursuant to paragraph 13 9 (or Milestones), or both,) directly attributable to such
below shall be paid as provided in said uncovering, exposure, observation, inspection, testing,
paragraph 13 9, and replacement and reconstruction, and, if the parties are
unable to agree as to tlIe amount or extent thereof,
a
as 13 4 3 otherwise specifically provided in the CONTRACTOR may make a claim therefor as provided
Contract Documents in Articles 11 and 12.
Mill
1
5 If Laws or Regulations of any public body having OWNER May Stop the Work:
j
risdiction require any Work (or part thereof) specifically
t
be inspected, tested or approved by an employee or 13 10 If the Work is defective, or CONTRACTOR fails
o
her representative of such public body, CONTRACTOR to supply sufficient skilled workers or suitable materials or
s
all assume full responsibility for arranging and equipment, or fails to furnish or perform the Work in such
o
taining such inspections, tests or approvals, pay all a way that the completed Work will conform to the
c
sts in connection therewith, and furnish ENGINEER the Contract Documents, OWNER may order CONTRACTOR
r
quired certificates of inspection, or approval to stop the Work, or any portion thereof, until the cause
C
NTRACTOR shall also be responsible for arranging for such order has been eliminated, however, this right of
a
d obtaining and shall pay all costs in connection with OWNER to stop the Workl shall not give rise to any duty
a
v inspections, tests or approvals required for OWNER's on the part of OWNER to exercise this right for the
a
d ENGINEER's acceptance of materials or equipment to benefit of CONTRACTOR or any surety or other party.
b
incorporated in the Work, or of materials, mix designs,
o
equipment submitted for approval prior to
E.
CDC GENERAL CONDITIONS 1910.8 (1990 Edition)
aw�
CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) 47
Correction or Removal of Defective Work:
13 11 If required by ENGINEER, CONTRACTOR shall
promptly, as directed, either correct all defective Work,
whether or not fabricated, installed or completed, or, if the
Work has been rejected by ENGINEER, remove it from
the site and replace it with Work that is not defective
CONTRACTOR shall pay all claims, costs, losses and
damages caused by or resulting from such correction or
removal (including but not limited to all costs of repair or
replacement of work of others)
13.12. Correction Period.
13 12 1 If within one-y-ear 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 (u) 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
13 122 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 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 erie yeas
two years 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
ENGINEER'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 (such costs
to be approved by ENGINEER as to reasonableness) If
any such acceptance occurs prior to ENGINEER's
recommendation of final payment, a Change Order will be
28
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 Prue, 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 falls 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' wntten 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, OWNER's other contractors and ENGINEER
and ENGINEER's Consultants access to the site to enable
OWNER to exercise the rights and remedies under this
paragraph All claims, costs, losses and damages incurred
or sustained by OWNER in exercising such rights and
remedies will be charged against CONTRACTOR and a
Change Order will be issued incorporating the necessary
revisions in the Contract Documents -with respect to the
Work, and OWNER shall be entitled to an appropriate
decrease in the Contract Price, and, if the parties are
unable to agree as to the amount thereof, OWNER may
make a claim therefor as provided in Article 11 Such
claims, costs, 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:
141 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
EJCDC GENERAL. CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9194)
'ayment acceptable to ENGINEER. Progress payments
uaccount of Unit Price Work will be based on the
mber of units completed
g 7plicafion for Progress Payment:
1 2 At least twenty days before the date established for
ch progress payment (but not more often than once a
onth), CONTRACTOR shall submit to ENGINEER for
view an Application for Payment filled out and signed
Dy CONTRACTOR covering the Work completed as of
e date of the Application and accompanied by such
5lipporting documentation as is required by the Contract
Documents If payment is requested on the basis of
aterials and equipment not incorporated in the Work but
d livered and suitably stored at the site or at another
I cation agreed to in writing, the Application for Payment
s all also be accompanied by a bill of sale, invoice or
o her documentation warranting that OWNER has received
t e materials and equipment free and clear of all Liens
a d evidence that the materials and equipment are covered
b appropriate property insurance and other arrangements
t protect OWNER's interest therein, all of which will be
s tisfactory to OWNER The amount of retainage with
r spect to progress payments will be as stipulated in the
greement Any funds that are withheld by the OWNER
s all not be sub ect to substitution by the CONTRACTOR
with securities or any arrangements involving an escrow
'r custodianship By executing the application for
a me_nt form the CONTRACTOR expressly waives his
right to the benefits of Colorado Revised Statutes, Section
4-91-101. et seri
ONTRACTOR: Warranty of Title:
14 3. CONTRACTOR warrants and guarantees that title
t all Work, materials and equipment covered by any
pplication for Payment, whether incorporated in the
rolect or not, will pass to OWNER no later than the time
f payment free and clear of all Liens
eview of Applications for Progress Payment:
4 4 ENGINEER will, within ten days after receipt of
ach Application for Payment, either indicate in writing a
ecommendation of payment and present the Application
t OWNER, or return the Application to CONTRACTOR
i dicating in writing ENGINEER's reasons for refusing to
ecommend payment In the latter case, CONTRACTOR
ay make the necessary corrections and resubmit the
pplication Ten days after presentation of the
pplication for Payment to OWNER with ENGINEER's
ecommendation, the amount recommended will (subject
t the provisions of the last sentence of paragraph 14 7)
ecome due and when due will be paid by OWNER to
ONTRACTOR.
4 5 ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute a
representation by ENGINEER to OWNER, based on
NGINEER's on -site observations of the executed Work
s an experienced and qualified design professional and
n ENGINEER's review of the Application for Payment
Ind the accompanying data and schedules, that to the best
If ENGINEER's knowledge, information and belief
;JCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
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 Subst Intial Completion, to the results
of any subsequent tests called for in the Contract
Documents, to a final determination of quantities and
classifications for I Unit Price Work under
paragraph 9 10, and to any other qualifications stated
in the recommendation), and
1453 the conditions precedent to CONTRACTOR's
being entitled to such payment appear to have been
fulfilled insofar as it 1s ENGINEER's responsibility to
observe the Work
However, by recommending any such payment
ENGINEER will not thereby be deemed to have
represented that (1) ex} austive 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 ENGINEER's recommendation of any payment,
including final payment, shall not mean that ENGINEER
is responsible for CONTRACTOR's means, methods,
techniques, sequences or pirocedures 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 OWNER
referred to in paragraphs 14 5 ENGINEER may also
refuse to recommend any such payment, or, because of
subsequently discoveredi evidence or the results of
subsequent inspections or tests, nullify any such payment
previously recommended, to such extent as may be
necessary in ENGINEEIR'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 7 2, the Contractl Price has been reduced by
Written Amendment or Change Order,
14.7.3 OWNER has been required to correct
defective Work or complete Work in accordance with
paragraph 13.14, or
14 7.4 ENGINEER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 15 2 1 through 15 2 4 inclusive.
29
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 15 2 4 inclusive;
but OWNER must give CONTRACTOR immediate
written notice (with a copy to ENGINEER) stating the
reasons for such action and promptly pay CONTRACTOR
the amount so withheld, or any adjustment thereto agreed
to by OWNER and CONTRACTOR, when
CONTRACTOR corrects to 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 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 changes from the tentative certificate as
ENGINEER believes justified after consideration of any
objections from OWNER At the time of delivery of the
tentative certificate of Substantial Completion ENGINEER
will deliver to OWNER and CONTRACTOR a written
recommendation as to division of responsibilities pending
final payment between OWNER and CONTRACTOR with
respect to security, operation, safety, maintenance, heat,
utilities, insurance and warranties and guarantees. Unless
OWNER and CONTRACTOR agree otherwise in writing
and so inform ENGINEER in writing prior to
ENGINEER's issuing the definitive certificate of
Substantial Completion, ENGINEER's aforesaid
recommendation will be binding on OWNER and
CONTRACTOR until final payment
149. 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:
1410 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
(it) 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 ENCs)NEER 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
14 102. 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
30
E]CDC GENERAL CONDITIONS 1910-5 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
Final locspection:
14 11 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
ar necessary to complete such work or remedy such
de rciencies
Finial Application for Payment:
14 12 After CONTRACTOR has completed all such
co ectrons to the satisfaction of ENGINEER and
de livered In accordance with the Contract Documents all
m ntenance and operating instructions, schedules,
gu rantees, Bonds, certificates or other evidence of
insurance required by paragraph 5 4, certificates of
inspection, marked -up record documents (as provided in
pa agraph 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
de ivered) by (1) all documentation called for in the
Contract Documents, including but not limited to the
ev dence of insurance required by subparagraph 5 4 13,
(it i consent of the surety, if any, to final payment, and
(ii ) complete and legally effective releases or waivers
(s tisfactory to OWNER) of all Liens arising out of or
fil d in connection with the Work In lieu of such
re eases or waivers of Liens and as approved by OWNER,
C NTRACTOR may furnish receipts or releases in full
n aaffidavit of CONTRACTOR that (I) the releases and
receipts include all labor, services, material and equipment
fo which a Lien could be filed, and (it) all payrolls,
material and equipment bills, and other indebtedness
connected with the Work for which OWNER or
O R's property might in any way be responsible have
ben paid or otherwise satisfied If any Subcontractor or
Supplier fails to furnish such a release or receipt in full,
C NTRACTOR may furnish a Bond or other collateral
sa rsfactory to OWNER to indemnify OWNER against any
Li n Releases or waivers of liens and the consent of the
C
payment and Acceptance:
13 If, on the basis of ENGINEER's observation of the
rk during construction and final inspection, and
GINEER's review of the final Application for Payment
accompanying documentation as required by the
itract Documents, ENGINEER is satisfied that the
rk has been completed and CONTRACTOR's other
igations under the Contract Documents have been
filled, ENGINEER will, within ten days after receipt of
final Application for Payment, indicate in writing
GINEER's recommendation of payment and present the
)hcation to OWNER for payment At the same time
:WEER will also give written notice to OWNER and
NTRACTOR that the Work is acceptable subject to the
visions of paragraph 14,15 Otherwise, ENGINEER
will return the Application 1
in writing the reasons for
payment, in which case C(
necessary corrections and re
days after presentation to O
accompanying documentat
substance and with ENGI
notice of acceptability, tl
ENGINEER will become
OWNER to CONTRACTC
14 14 If, through no f
completion of the Work
ENGINEER so confirms,
CONTRACTOR's final
recommendation of ENG]
the Agreement, make pay
portion of the Work fully
remaining balance to be
fully completed or corre
stipulated in the Agreer
furnished as required in p,
of the surety to the payn
portion of the Work fully
submitted by CONTRA(
Application for such pay
made under the terms i
payment, except that it
claims
Waiver of claims:
14 15 The making and
constitute
14 15 1 a waiver o?
CONTRACTOR, excel
Liens, from defective
inspection pursuant to I
comply with the Contr
CONTRACTOR's co
Contract Documents,
14 15 2. A war
CONTRACTOR aga
previously made in v
ARTICLE IS --
TER UNAnON
OWNER May Suspend
15 1. At any time and
suspend the Work or any
not more than ninety d
CONTRACTOR and ENG
on which Work will be re
resume the Work on the d
shall be allowed an adiustn
CONTRACTOR, indicating
:fusing to recommend final
,ITRACTOR shall make the
ibmit the Application Thirty
7NER of the Application and
n, in appropriate form and
EER's recommendation and
amount recommended by
due and will be paid by
subiect to paragraph 17 6 2
It of CONTRACTOR, final
significantly delayed and if
WNER shall, upon receipt of
)plication for Payment and
EER, and without terminating
;nt of the balance due for that
impleted and accepted If the
Id by OWNER for Work not
:d is less than the retainage
nt, and if Bonds have been
.graph 5. 1, the written consent
it of the balance due for that
mpleted and accepted shall be
OR to ENGINEER with the
ent. Such payment shall be
i conditions governing final
ill not constitute a waiver of
of final payment will
all claims by OWNER against
claims arising from unsettled
Work appearing after final
iragraph 14 11, from failure to
ct Documents or the terms of
specified therein, or from
.nusng obligations under the
r of all claims by
t OWNER other than those
ing and still unsettled.
OF WORK AND
hout cause, OWNER may
ion thereof for a period of
by notice in writing to
ER which will fix the date
ed CONTRACTOR shall
so fixed. CONTRACTOR
in the Contract Price or an
w/
GENERAL CONDITIONS 1910-8 (1990 Edition)
OF FORT COLLINS MODIFICATIONS (REV 9/94)
31
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 l and 12
OWNER May Terminate:
15 2 Upon the occurrence of any one or more of the
following events
15 2 1. if CONTRACTOR persistently fails to perform
the 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 paragraph 2 9 as adjusted from time
to time pursuant to paragraph 6 6);
15 2 2 if CONTRACTOR disregards Laws or
Regulations of any public body having jurisdiction;
15 2 3 if CONTRACTOR disregards the authority of
ENGINEER, or
15 2A if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract
Documents,
OWNER may, after giving CONTRACTOR (and the
surety, if any) seven days' written notice and to the extent
permitted by Laws and Regulations, terminate the services
of CONTRACTOR, exclude CONTRACTOR from the
site and take possession of the Work and of all
CONTRACTOR's tools, appliances, construction
equipment and machinery at the site and use the same to
the full 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 CONTRACTOR but which are stored elsewhere, and
finish the Work as OWNER may deem expedient In
such case CONTRACTOR shall not be entitled to receive
any further payment until the Work is finished If the
unpaid balance of the Contract Price exceeds all claims,
costs, losses and damages sustained by OWNER arising
out of or resulting from 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
32
154 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 Slop Work or Terminate:
15 5 If, through no 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
sum finally determined to be due, then CONTRACTOR
may, upon seven days' written notice to OWNER and
ENGINEER, and provided OWNER or ENGINEER do not
remedy such suspension or failure within that time,
terminate the Agreement and recover from OWNER
payment on the same terms as provided in paragraph 15.4
In lieu of terminating the Agreement and without prejudice
to any other right or remedy, if ENGINEER has failed to
act on an Application for Payment within thirty days after
it is submitted, or OWNER has failed for thirty days to
pay CONTRACTOR any sum finally determined to be
due, CONTRACTOR may upon seven days' written notice
to OWNER and ENGINEER stop the 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 I 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
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
ARTICLE 16--DISPUTE RESOLUTION
If and to the extent that OWNER and CONTRACTOR
have agreed on the niethod 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
912, 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:
171 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 io 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
1722 A calendar day of twenty-four hours measured
from midnight to the next midnight will constitute a
day
Notice of Claim:
17.3 Should OWNER or CONTRACTOR suffer injury
or damage to person or property because of any error,
omission or act of the other party or of any of the other
party's employees or agents or others for whose acts the
other party is legally liable, claim will be made in writing
to the other party within a reasonable time of the first
observance of such injury or damage. The provisions of
this paragraph 17 3 shall not be construed as a substitute
for or a waiver of the provisions of any applicable statute
of limitations or repose Cumulative Remedies:
174 The duties and obligations imposed by these
General Conditions and the rights and remedies available
hereunder to the parties hereto, and, in particular but
without limitation, the warranties, guarantees and
obligations Imposed upon CONTRACTOR by
paragraphs 6 12,6 16, 630, 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 ; emedies 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
176 The laws of the State of Colorado apply to this
Agreement Reference to two pertinent Colorado statutes
are as follows
176 1 Colorado Revised Statutes (CRS 8-17-101)
require that Colorado labor be employed to perform
the Work to the extent of not less than 80 percent
(80%) of each type or class of labor in the several
classifications of skilled and common labor employed
on the project Colorado labor means any person who
is a bona fide resident of the State of Colorado, at the
time of employment without discrimination as to race
color, creed, age, religion or sex
1762 If a claim is filed, OWNER is required by law
withdrawn, such payment or withdrawal to be
evidenced by filing with OWNER a receipt in full or
an order for withdrawal in writing and signed by the
person filing such a claim or his duly authorized
agents or assigns Such funds shall not be withheld
longer than ninety (90) days following the date'fixed
result from the suit.
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9194)
33
u
0
n
L
n
i
0
indicated in or required by the Contract Documents, and that the Contract
Documents are sufficient in scope and detail to indicate and convey
understanding of all terms and conditions for performance and furnishing of
the Work.
5.0 INTERPRETATIONS AND ADDENDA.
5.1. All questions about the meaning or intent of the Bidding Documents are to
be submittedlin 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 protect 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 B.Ld 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.
7/96
Section 00100 Page 3
(This page left blank intentionally )
34
E]CDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY' OF FORT COLLINS MODIFICATIONS (REV 9/94)
sy Ei XtBTr GC_A to General Conditions institution of legal or equitable proceedings based on such
p of the Construction Contract Between
claim, dispute or other matter in question would be barred
by the applicable statute of limitations
OWNER and CONTRACTOR
M.
K
11
no
0
I
0
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 1415) 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
162 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 lie 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 EtGINEER before that date No
demand for arbitration of any such claim, dispute or other
matter will be made later than thirty days after the date 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 bait 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.
163. Notice of the demand for arbitration will be
filed in writing with the other party to the Agreement and
with the American Arbitration Association, and a copy
will be sent to ENGIhBER 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
164 Except as provided in paragraph 16.5 below,
no arbitration arising out of or relating to the Contract
Documents shall include by consolidation, joinderl'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 a party to this contract unless,
16 4 1 the inclusion of such other person or
entity is necessary if complete relief is to be afforded
among those who are already parties to the arbitration,
and
16 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
parry not specifically identified in such consent.
165 Notwithstanding paragraph 16 4, if a claim,ER
dispute or other matter in question between OWNand
CONTRACTOR involves the Work of a Subcontractor,
either OWNER or CONTRACTOR may join such
Subcontractor as a party to the arbitration between
OWNER and CONTRACTOR hereunder
CONTRACTOR shall include in all subcontracts required
by paragraph 611 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.
166 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.
EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY 'OF FORT COLLINS MODIFICATIONS (REV 9194)
GC -AI
16 7. OWNER and CONTRACTOR agree that they
shall first submit any and all unsettled claims,
counterclaims, disputes and other matters in question
between them ansing out of or relating to the Contract
Documents or the breach thereof ("dzsputes"), 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 I6 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 Z and 16 3 above shall be suspended
with respect to a dispute submitted to mediation within
those same applicable time limits and shall remain
suspended until ten days after the termination of the
mediation The mediator of any dispute submitted to
mediation under this Agreement shall not serve as
arbitrator of such dispute unless otherwise agreed
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
GC-A2 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
H
H}I
1 SECTION 00800
SUPPLEMENTARY CONDITIONS
Fl]
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SECTION 00800
r 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
�i other provisions of the Contract Documents as indicated below.
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The limits of liability for the insurance requirec by the
paragraph numbers of the General Conditions listed below are as
follows:
5.4.1 and 5.4.2
Coverage A - Statutory Limits
Coverage B - $100,000/$100,000/$500,000
5.4.3 and 5.4.5 Commercial General Liability policy will have
limits of $1,000,000 combined single limits (CSL) This policy
will include coverage for Explosion, Collapse, and Underground
coverage unless waived by the Owner.
5'.4.6 The 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).
No Text
0
�J
SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950 Contract Change Order
00960 Application for Payment
?p
�J
�, 9/99
No Text
SECTION 00950
CHANGE ORDER NO.
'
PROJECT TITLE: 2000 CRACK SEAL PROJECT; Bid No.
5457
CONTRACTOR:
PROJECT NUMBER:
DESCRIPTION:
1. Reason for change:
'
2. Description Change:
of
3. Change in Contract Cost
4. Change in Contract Time:
ORIGINAL CONTRACT COST
$ .00
TOTAL APPROVED CHANGE ORDER
0.00
�y
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
aREVIEWED
BY:
DATE:_
Title:
APPROVED BY:
DATE:_
Title:
APPROVED BY:
DATE:_
Purchasing Agent over $30,000
CC: City Clerk Contractor
Project File Architect
Engineer Purchasing
9/99 Section 00950 Page 1
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.
8.0 LIQUIDATED DAMAGES.
Provisions for liquidated damages are set forth in the Agreement.
9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT
The Contract, if awarded, will be on the basis of material and equipment
described on the Drawings or specified in the Specifications without
consideration of possible substitute or "or equal" items. Whenever it is
indicated on the Drawings or specified in the Specifications that a
substitute or "or equal" item of material or equipment may be furnished or
used by CONTRACTOR if acceptable to Engineer, application for 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.
7/96
Section 00100 Page 4 -}
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Insert pages 1 - 4
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Section 00960
Application for Payment
No Text
OWNER: City at Pal Counts
EMINEER.
APPLICATION FOR PAYMENT
PROJECT:
CONTRACTOR:
APPLICATION NUnIIIPII
A PPLICA I ION DATI?
PERIOD 11EOINNINtt
PERIOD ENDWO
PROJECT NUMIJI:R.
PAGE I or a
CIIANOR ORDERS Application Is made for Psment as shown below in connection with Contract
NUMBER DATH AMOUNT The present dalus of the account for this Contract Is as follows.
1
1 "ioal Contract Amaral
3 Net Change by Change Order:
Current Contract Amount: SO 110
Tale! Completed and Stored to Date:
Less Pmious Appleatiam.
Amount Due this Application - Before Retsmage: St1 IXi
Less Rclsinago:
- Not Cheap by Change Order $0 00 I AMOUNT DUB THIS APPLICATION: $0 w)
CMTIPIC&TION:
The udecaipW CONTRACTOR ccurftcs that All obligstieos of CONTRACrOR incurred in eouncetian with
do Work have been saGsficd as required is Parsgnph 14.3. of me Oentral Conduienr of the Contract.
Tin above Amount Due This Applkalian Is tcquestcd by the CONTRACTOR.
Date: By:
Payment of the abaro Amount Due This Appiicalian L recommended by the ENOBNEER.
Date: By:
nymeni of ®e Thin A ppl at." W bey".••a by th. OWNPR'3 Pminel Manager.
Dale: By:
Payment of the above Amount Due This Application Is approved by the OWNER.
rw— D... .,
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CHANOR ORDERS
APPUCKHON FOR PAYMENT
PAGE I OF 4
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STO"D MATERIAL SUMMARY I PAGC 4 OF 4
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02000
PROJECT SPECIFICATIONS
The Colorado Division olf Highways "Standard Specifications for Road and Bridge Construction", 1991, (hereafter
referred to as the "Standaid Specifications") are made a part of tlus Contract by this reference, except as revised herein,
and are hereby adopted as the nummum Standard Specifications of Compliance for this project In those instances
where the Standard Specifications conflict with any of the provisions of the preceding Sections, the preceding Sections
shall govern.
INDEX OF REVISIONS
SECTION
104
Traffic and Parking Control
105
Inspection of Work
105
Mamtenance During Construction
Md
108
Linutation of Operation
408
Crack/ Joint Sealing Technical Specification
614
Traffic Control Devices
a
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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.
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.S. Bids by Doint 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
Section 00100 Page 5
No Text
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fi
REVISION OF SECTION 104
TRAFFIC AND PAR][ NG CONTROL
1 Section 104 of the Standard Specifications is hereby revised as follows
Subsection 104 04 shall include the following
' It shall be the Contractor's responsibility to clear parking from the streets when such parking will interfere
withthe workPnor to work that requires the street(s) to be closed to parking and/or traffic, the street(s) shall
be posted for "NO PARKING". The placement of these signs shall take place at least 24 hours prior to the
commencement of work and shall clearly show the type of work, and the day, date and times that the message
on the sign is in effect. (For example, if a street is to be patched on Wednesday, July 2, the street shall be
posted no later than Tuesday, July 1, by 7 00 a.m with a sign that reads similar to "NO PARKING,
WEDNESDAY, JULY 2, 7 00 AM TO 6 00 P M , PATCHING) See sample "NO PARKING" sign "NO
PARKING" signs shall remain in place until the street is opened to traffic and all clean up operations
completed
All information on the "NO PARKING" signs, with the exception of the date, shall be in block letters
permanently affixed to the sign Any information added to a sign, such as dates, shall be clearly legible and
written in block style letters The "NO PARKING" signs shall be in effect foi one or two days only
Any work done lby the Contractor without traffic control will not be paid for under the terms of tlus Contract
The Contractor will not be paid for traffic control costs incurred during Contractor caused delays
At or near the end of each work day, a representative of the Contractor, the Traffic Control Supervisor, and
the Engineer will meet to discuss the progress of the work and the placement of traffic control devices
including "NO PARKING" signs Any necessary adjustments shall be made The Contractor shall also
review at this time with the Engineer the proposed means of handling parking and traffic control for
upcoming work It is the responsibility of the Contractor to mmmmize any inconvenience to the public as a
result of this work
At the above referenced meeting, the quantity of traffic control devices used that day shall be agreed upon by
the Contractor and the Engineer The Contractor shall utilize forms approved by the Engineer for the
tabulation ofTraffic Control Devices utilized
1 The Contractor shall maintain access at all times to all businesses within the ]project
Any changes in the traffic control, mcluchng additional signs, barricades, and/or flaggers needed in the field
shall be immediately implemented as directed by the Engineer
The cost for traffic control is covered in "Revision of Section 614, Traffic Control Devices" found herein
Page 1 of 2
Poe n
F
WED. ,Jury 2
7mmOO AM - 60000 PM
Page 2 of 2
t.�
REVISION OF SECTION 105
INSPECTION OF WORK
Section 105 of the Standard Specifications is hereby revised as follows
Subsection 105 11 shall include the following
�} The Contractor shall keep the Engineer informed of lusher future construction operations to facilitate
scheduling of required inspection, measuring for pay quantities, and sampling The Contractor shall notify
the Engineer a nummum of 24 hours in advance of starting any construction operation that will require
inspection, measuring for pay quantities, or sampling Failure of the Contractor to provide such notice will
relieve the owner and the Engineer from any responsibility for additional costs or delays caused by such
failure
Inspection of the work or materials shall not relieve the Contractor of any of his obligations to fiilfill his/her
contract as prescribed Work and materials not meeting specifications shall be corrected and unsuitable work
or materials may be rejected, notwithstanding that such work or materials have been previously mspected by
the Engineer or that payment therefore has been included in the progress estimate
0
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11 Page 1 of 1
REVISION OF SECTION 105
MAINTENANCE DURING CONSTRUCTION
Section 105 of the Standard Specifications is hereby revised as follows
Subsection 105 14 shall include the following -
The roadway area, including curb, gutter, and sidewalk, adjacent to and through the construction area shall
be cleaned of debris by the Contractor at the earliest opportunity, but in no case shall the area be left
uncleaned after the completion of the day's work. It shall be the Contractor's responsibility to provide the
necessary manpower and equipment to satisfactorily clean the roadway area
The Contractor shall utilize a combination of pick-up brooms, side brooms and/or other equipment as needed
to clean the streets All sweeping and clean up equipment shall be approved by the Engineer prior to the
commencement of work
The Contractor shall maintain the streets during the construction process as prescribed above
If a street requires additional sweeping by City forces, the Owner shall deduct from compensation due the
Contractor sufficient funds to cover the Owner's cost to provide said service
All cost of maintaining the work, sweeping, and cleaning during construction and before the project is
accepted will not be paid for separately, but shall be included in the work
Additional sweeping may be approved under extreme circumstances only Pay item for sweeping must be
approved in writing, prior to construction, by the Engineer or an authorized representative Additional
sweeping will be approved only when excessive debris exists in the roadway area prior to construction,
including sand or construction drag -out
Pay Item Unit
105 01 Sweeping - Broom Per Hour
105.02 Sweeping - Vacuum Per Hour
Page 1 of 1
0
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REVISION OF SECTION 108
LIMITATION OF OPERATION
Section 108 of the Standard Specifications is hereby revised as follows
Subsection 108 04 shall include the following
The work shall be completed within the following calendar months
.'r■ i i i �iRt'�'0'i 0'a's'ii ii i �ti��'i� i ■ �'�'
Cracks should be filled during periods of maximum contraction of the surface (September through May)
Delays and extensions of time will be in accordance with Section 00700, Article 12, "Change of Contract
Times"
The work shall be completed according to Section 00520, Article 3, "Contract Times", and within this
calendar time frame.
Page 1 of 1
No Text
11
REVISION OF SECTION 408
JOINT AND CRACK SEALANT
Description:
The work shall consist of brooming the surface and then placing City provided hot poured crack/joint sealant in
ME properly prepared cracks/joints in asphalt pavement at locations shown herein Cracks/joints 1/8 inch and greater, and
less than one (1) inch in width are to be sealed, including the joints between the concrete hp on gutters and crosspans
and the asphalt pavement.
Materials:
The City will provide materials for hot poured crack/joint sealant which conform to the requirements of ASTM D-3405
Sealant material will be supplied pre -blended, pre -reacted, and prepackaged If supplied in a solid form, the sealant
material will be cast in a plastic or other dissolvable liner having the capability of becoming part of the crack sealing
liquid The sealant will be delivered in the manufacturer's original sealed container Each container will be legibly
marked with the manufacturer's batch or lot number, the application temperature range, the recommended application
temperature, and the safe heating temperature
Construction Requirements:
Crackstjoints to be filled shall be dry and clean of loose and foreign matter, including vegetation, to a depth of
approximately twice the crack width immediately prior to sealant application
Sealing areas of excessive "alligator" type cracking is not permitted The perimeter of these areas is to be sealed as
directed by the Engineer
The method utilized for removal of vegetation shall be approved by the City Representative a nummuin of one week
prior to commencement of work.
Cleaning and drying is to be accomplished using a compressed air wand with an outlet pressure of 120 to 150 PSI, and
a HCA (Hot Compressed Air) heat lance
Pavement and crack temperature shall be 40 degrees Fahrenheit and rising
No crack sealing will take place when pavement crack or air temperatures fall below 30 degrees F. Direct flame
' dryers shall not be used. The air wand shall be equipped with a bonnet or shield to limit the amount of flying
debris.
The preferred application method shall be a pressure feed system, but other application methods may be substituted
per the City Representative's approval
` All cracks/jomts with widths larger than 1/8 inch and less than one (1) inch shall be sealed with hot poured crack/joint
sealant flush with the pavement surface Immediately following the sealing, any excess sealant shall be leveled off at
the surface by squeegee, a shoe attached to the applicator wand, or other suitable means approved by the City
Representative The squeegeed material to be left in place shall be centered on the cracks/joints and shall extend a
maximum of one inch on either side of the crack(s) The maximum width of the band shall be 4 inches and the
maximum thickness of the band shall be 1/16 inch
Page 1 of 3
Hi
REVISI&N OF SECTION 408
JOINT i`tU D CRACK SEALANT (Continued)
With deep cracks/joints, settlement of the sealant may occur In this case, the Contractor shall apply a second layer of
sealant material if directed by the City Representative by the end of the days work
Excess crack/joint sealant shall be removed by the Contractor at his expense The method of removal shall be approved
by the Engineer prior to commencement of the work
The joints between the concrete lip on gutters and crosspans and the asphalt pavement shall be under -fillets 1/8 inch
to 3/8 inch or as directed by the City Representative
Sealant material shall be heated according to the manufacturer's recommendations and shall be applied at the
manufacturer's recommended temperature Equipment used for heating the material shall be an indirect heating type
double boiler using oil or other heat transfer medium and shall be capable of constant agitation No direct heat transfer
units (tar pots) shall be used. Additionally, the heating equipment shall be capable of controlling the sealant material
within the manufacturer's recommended temperature range and shall be equipped with a calibrated thermometer
capable of +5 ° F accuracy in the range of 2000 F to 6000 F Thermometer shall be located in a position to allow the
Engineer to safely check the sealant temperature at his/her discretion
Overheating the material instantaneously or holding it at elevated application temperatures for periods of time in excess
of that recommended by the manufacture, will be cause for rejection at the contractor's expense
The contractor shall agree to the amount of sealant placed per day with the City Representative
Sealant material picked up or pulled out after being placed shall be replaced at the Contractor's expense The
Contractor shall have sufficient emergency blotter material available on the project at all times in the event it is
required to prevent tracking or pulling Blotter material shall be subject to prior City approval and no separate payment
will be made for furnishing and/or placing it.
Any damage to the public resulting from the sealant application, tracking or pullout shall be paid for by the Contractor
Final cleanup and proper disposal of all waste, cartons and other materials generated by this work shall be the
responsibility of the Contractor at his cost
Sealing operations shall proceed in such manner to minimize traffic interruption and hazards Work on arterial streets
shall proceed only between the hours of 8,30 a in and 3 30 p in or as approved by the City Representative The work
shall be accomplished on arterial streets in such a manner as to interrupt or close only one traffic lane at a time No
residential or collector street closures will be allowed. All traffic control will be subject to the other provisions of this
document
The Crew Foreman shall be on the job at all times, and shall have no less than three years of crack sealing experience
The Crew Foreman shall be equipped with a cellular phone Associated costs of this phone shall be incidental to the
work
Methods of Measurement:
Hot poured crack/joint sealant will be measured by the pound of material used Labeled box tops, weight tickets or
ollrc: - Approved receipts will be collected daily for crack/joint sealant material applied Quantities will be agreed to
dash by the Engineer and Contractor. No payment will be made for material which the City has no weight
ticket or other approved receipts.
Page 2 of 3
170111
REVISION OF SECTION 408
JOINT AND CRACK SEALANT (Continued)
us
Basis of Payment:
The accepted quantities of hot poured crack/joint sealant will be paid for at the contract unit price per pound
Payment will be made under -
Pay Item Pay Unit
403 10 Crack/Joint Sealing Pound
The above prices and payments shall include full compensation for furmshing all labor, tools, equipment, and
incidentals, and for doing all the work involved in Crack/Joint Sealing, complete-m-place, including haul, brooming
and blotter material, as shown on the plans, as specified in these specifications, and as directed by the Engineer or City
Representative
M
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Page 3 of 3
WA
&
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 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 J
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. L
14.3. Withdrawn Bids may be resubmitted up to the time designated for the �'ff
receipt of Bids provided that they are then fully in conformance with these J
Instructions to Bidders.
15.0 OPENINGS OF BIDS. LJ
Bids will be opened and (unless obviously non -responsive) read aloud
publicl,• 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. 7
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.
J
7/96
Section 00100 Page 6 1
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No Text
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REVISION OF SECTION 614
TRAFFIC CONTROL DEVICES
Section 614 of the Standard Specifications is hereby revised as follows
Subsection 614 15 shall be revised as follows
This work shall consist of famishing, installing, moving maintaining and removing temporary traffic signs,
advance warning arrows panels, barricades, channelizing devices, and delineators as required by the latest
revision of the "Manual on Uniform Traffic Control Devices for Streets and highways" (MUTCD), the City
of Fort Collins' "Work Area Traffic Control Handbook", June 1989 with Revisions dated May 29, 1991, and
the City of Fort Collins' "Design Cntena and Standards for Streets, Subsection 14, "Barricades, Wanting
Signs, Signal Lights", July, 1986.
In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern
When a device is not in use, the Contractor shall remove it from the project for the period it is not needed
Devices temporarily not in use shall, as a nummum, be removed from the area Moving will include devices
removed from the project and later returned to use. Payment shall be made for the maximum number of each
type of traffic control device being used at one given time per day
Traffic control devices shall be placed and/or stored in the City tight -of -way in such a manner that minimizes
the hazards to pedestrians, bicyclists and vehicles
Traffic control devices shall be removed from the from the site immediately upon completion of the
work for any street(s).
Subsection 614 16 shall include the following:
All traffic control devices placed for this project must meet or exceed the minimum standards set forth in the
MUTCD. All traffic control devices shall be clean and in good operating condition when delivered and shall
be maintained in that manner on a daily basis All traffic control devices shall be clearly marked and free of
crossed out information or any other form of defacement that detracts from the purpose for which they are
intended (i e. crossed out information, information written in long -hand style, etc )
Additionally, any sign blank with sign faces on both sides must have the back sign face covered when in use
to avoid confusion to motonsts traveling in the opposite direction and other potentially affected parties, such
as residents affected by any information the sign may present.
Subsection 614 20 shall be revised as follows
Traffic control through the construction areas is the responsibility of the Contractor
For all locations, a Traffic Control Plan shall be prepared. The Traffic Control Plans shall be on City supplied
forms The Traffic Control Plans shall be submitted for approval to the Engineer by 12 00 noon, two working
days prior to the commencement of work (Note Traffic Control Plans for work done on Monday and
Tuesday shall be submitted the previous Friday by 9.00 a in ) All plans shall be delivered to City Engineering,
281 North College Avenue Facsimiles of plans shall not be allowed No phase of the construction shall start
until the Traffic Control Plan has been approved. Failure to have an approved Traffic Control Plan shall
constitute cause for the City to stop work, as well as the Contractor's forfeiture of payment for all work and
materials at that location, with no adjustment in the contract time
Page 1 of 7
0
REVISION OF SECTION 614
TRAFFIC CONTROL DEVICES (Continued)
The Traffic Control Plan shall include, as a nummum, the following
(1) A detailed diagram which shows the location of all sign placements, including advance construction
signs (if not previously approved) and speed limit signs; method, length and time duration for lane
closures, and location of flag persons
(2) A tabulation of all traffic control devices shown on the detailed diagram including, but not lumted
to, construction signs; vertical panel, vertical panel with light, Type I, Type II, and Type III J
barricades, cones, drum channelizing devices, advance warning flashing or sequencing arrow panel
Certain traffic control devices may be used for more than one operation or phase However, all
devices required for any particular phase must be detailed and tabulated for each phase.
u
(3) Number of flaggers to be used
(4) Parking Restrictions to be in affect J
Approval of the proposed method of handling traffic is intended to indicate those devices for which payment
is to be made Such approval does not relieve the Contractor of liability specifically assigned to him under
U
this contract
Parking Restriction Plans shall be submitted and approved which show the location and quantity of "NO
PARKING" signs, the date to be placed, and the date to be removed The plans shall be prepared on City —
supplied forms The Parking Restriction Plans shall be submitted to the Engineer by 12:00 noon, two
working days prior to the commencement of work (Note Parking Restriction Plans for work done on
Monday and Tuesday shall be submitted the previous Friday by 9-00 a.m ) All plans shall be delivered to City
Engineering, 281 North College Avenue Facsimiles of plans shall not be allowed No phase of the
construction shall start until the Parking Restriction Plan has been approved Failure to have an approved
Parking Restriction Plan shall constitute cause for the City to stop work, as well as the Contractor's forfeiture
of payment for all work and materials at that location, with no adjustment in the contract time
Subsection 614.21 shall be revised as follows
Traffic Control Management shall be performed by a Traffic Control Supervisor (TCS) The TCS(s) shall
possess a current American Traffic Safety Services Association (ATSSA) certification as a Worksite Traffic
Control Supervisor or Colorado Contractor's Association (CCA) certification as a Traffic Control Supervisor
(Proof of certification shall be presented to the City Traffic Control Manager, and when requested by a City
representative, for each TCS utilized on tlus project )
' ae TCS shall be designated as the Head TCS. The Head TCS shall have a mimmum of one year experience `J
as a certified TCS The Head TCS shall be on site at all times during the construction Qualifications shall
be submitted to the Engineer for approval a minimum of one week prior to commencement of the work.
The TCS shall be equipped with a cellular phone. The cost of this phone shall be incidental to the day or hour
pay unit for TCS
Page 2 of 7
[l
REVISION OF SECTION 614
TRAFFIC CONTROL DEVICES (Continued)
It is the intent of the specifications that the Head TCS be the same throughout the project If the Head TCS
is to be replaced during the project, the Engineer shall be given a minimum of one (1) weeks notice and
qualifications shall be submitted for approval for the replacement
The Head TCS will be paid for under the TCS item
The TCS's duties shall include, but not be limited to:
(1)
Preparing, revising and submitting Traffic Control Plans as required
(2)
Direct supervision of project flaggers
(3)
Coordinating all traffic control related operations, including those of the Subcontractors and
suppliers
(4)
Coordinating project activities with appropriate police and fire control agencies, Transfort, school
M
districts and other affected agencies and parties prior to construction Typed hand delivered
notification to all businesses and residents at least 24 hours prior to construction (The notification
of residents and businesses may be accomplished by a representative of the TCS )
(5)
Maintaining a project traffic control diary which shall become part of the City's project records
(6)
Inspecting traffic control devices on every calendar day for the duration of the project
(7)
Insuring that traffic control devices are functioning as required
(8) Overseeing all requirements covered by the plans and specifications which contribute to the
convenience, safety and orderly movement of traffic
(9) Flagging
(10) Setting up traffic control devices.
Notification of residents and businesses shall be the responsibility of the TCS and shall consist of distributing
letters indicating the nature of the work to be completed, any special instructions to the residents (i a hurts
on lawn watering during concrete pouring, etc ), the dates and times of the work, and the parking and access
restrictions that will apply, as well as thorough information placed on "NO PARKING" signs Sample letters
will be provided by the Engineer and shall be distributed prior to the commencement of each phase of the
work. Letters shall be submitted with the Traffic Control Plans for approval Approved letters shall be
distributed a minimum of 24 hours prior to the commencement of work (Note The time frame criteria for
distributing letters is the same as for posting "NO PARKING" signs ) The cost for preparing and
distributing the letters shall be included in the cost for TCS.
Traffic control management shall be maintained on a 24 hour per day basis The Contractor shall make
arrangements so that the Traffic Control Supervisor or his approved representative will be available on every
working day, "on call" at all times and available upon the Engineer's request at other than normal working
hours
Page 3 of 7
REVISION OF SECTION 614
TRAFFIC CONTROL DEVICES (Continued)
The TCS's will be paid only for days the Contractor works, and as directed by the Engineer. On weekends
and other days the Contractor is not working, the TCS will not be paid Time spent maintaining signs on
the weekends, holidays, bad weather days, and other days the Contractor does not work shall be
included in the unit prices for the equipment. Time spent setting up equipment, modifying equipment, and
maintaining equipment shall be included in the unit prices for the equipment
All traffic control devices shall be placed under the supervision of a Traffic Control Supervisor
The Traffic Control Supervisor shall have up to date copies of the City of Fort Collins' "Work Area Traffic
Control Handbook", and Part VI of the MUTCD, pertaining to traffic controls for street and highway
construction, available at all times
Subsection 614 23 shall be revised as follows
--1
Quantities to be measured for construction traffic control devices shall be the number of units of the various
sizes and descriptions listed below*
Construction Traffic Signs- Size A Signs - 0 01 to 9 00 Square Feet
Size B Signs - 9 01 to 16 00 Square Feet `
"NO PARKING" Sign with Stand will be measured and paid for separately and not included in the item for
Size A Signs "NO PARKING" Sign with Stand shall consist of metal sign attached to a device (stand) such
as a Vertical Panel or Type I Barricade The sign material and stand shall be approved by the Engineer The
sign material and stand will not be measured and paid for separately but shall be included in the Contract Unit
Price for "NO PARKING" Sign with Stand. The cost for "NO PARKING" Sign with Stand shall include
delivery, rental, setup, modification, maintenance, and pickup
"NO PARKING' signs must remain in place until the street is open to traffic. The "NO PARKING" signs
shall be in effect for one or two days only
Traffic channelizing devices consisting of vertical panel, cones, or drum channelizing devices will be
measured by the unit Barricade warning lights shall be measured and paid for separately if approved by the `1
Engineer Advance Warning Flashing or Sequencing Arrow Panels will be measured by the unit.
The number of Traffic Control Supervisors shall be approved by the Engineer prior to each days work The
quantity to be measured for Traffic Control Supervisor will be the number of authorized days performed by `J
the Traffic Control Supervisor or his approved representative. An authorized day shall be any day, or portion
of a day, authorized by the Engineer, that construction operation would require a Traffic Control Supervisor
"On Call" and project inspections on all other days will not be measured and paid for separately but shall be
included in the work.
The cost for setting up equipment, modifying equipment, and maintaining equipment (not including "NO
PARKING" Sign with Stand) during authorized days shall be included in the Contract Unit Price for Traffic
Control Supervisor per day
If a TCS(s) is used for an authorized day, but not for the entire day, the TCS shall be paid at the Contract Unit
Price for "Traffic Control Supervisor" at the per hour rate
Page 4 of 7
M
f
EL
N
!b
?s
REVISION OF SECTION 614
TRAFFIC CONTROL DEVICES (Continued)
The quantity to be measured for flagging will be the total number of hours that flagging is actually used as
authorized Hours of flagging in excess of those authorized shall be at the Contractor's expense Flagger
breaks shall be included in the Contract Unit Price for Flagging The method for covering flagger breaks shall
be approved by the Engineer
Flagging outside of the construction work hours will not be paid for under the terms of this contract unless
authorized in writing by the Engineer
Flagger stand-by time will not be paid for under the terms of this contract
In locations where traffic control is set up and the work is not performed due to Contractor caused delays, the
traffic control shall not be paid for under the terms of this contract The costs for advance warning "NO
PARKING" signs for periods in excess of 24 hours prior to the advancement of work, including those
instances when said signs have been changed or otherwise updated to reflect current schedules, will not be
paid for under the terms of this contract unless authorized by the Engineer in writing In addition, the Owner
shall deduct from compensation due the Contractor $10 00 for each traffic control device per day for said
conditions, including "NO PARKING" signs and any signs which are not removed from the site immediately
upon completion of the work
Subsection 614 24 shall be revised as follows
The cost for Traffic Control Devices, not including "NO PARKING" Sign with Stand, shall include delivery,
rental, and pickup The cos[ for setting up equipment, modifying equipment, and maintaining equipment will
be paid for under the Contract Unit Price for TCS as described above
The cost for "NO PARKING" Sign with Stand shall include delivery, rental, setup, modification,
maintenance, and pickup
Payment shall be full compensation for furnishing, erecting, maintaining, moving, removing and disposing
of construction traffic control devices necessary to complete the work All construction traffic control devices
which are not permanently incorporated into the project will remain the property of the Contractor
The accepted quantities will be paid for at the contract unit price for each of the pay items listed below
Pay Item Unit
614 01 "NO PARKING" Sign with Stand Per Day Per Each
614 02 Vertical Panel Without Light Per Day Per Each
614 03 Type I Barricade Without Light Per Day Per Each
614 04 Type II Barricade Without Light Per Day Per Each
614 05 Type III Barricade Without Light Per Day Per Each
614 06 Size A Sign With Stand Per Day Per Each
Page 5 of 7
REVISION OF SECTION 614
TRAFFIC CONTROL DEVICES (Continued)
614 07 Size B Sign With Stand Per Day Per Each
614 08 Size A Specialty Sign - Cost of
manufacturing Each
614.09 Size B Specialty Sign - Cost of
manufacturing Each
61410 Cone With Reflective Strip Per Day Per Each
614 11 Safety Fence Per Day Per Roll
614 12 Light - Steady Burn Per Day Per Each
614 13 Light - Flashing Per Day Per Each
61414 Advance Warning Flashing or
Sequencing Arrow Panel Per Unit Per Day
61415 Traffic Control Supervisor Per Day
614 16 Traffic Control Supervisor Per Hour
614.17 Flagging Per Each Per Hour
The initial manufacturing will be paid for Specialty Signs per unit anc 4�.ae actual use paid for under the
appropriate unit cost for Size A or Size B sign This item shall apply to is r. signs only Once manufactured,
they maybe used throughout the project Upon completion of the work, the Specialty Signs shall be returned
to the Contractor
Flagger hand signs will not be measured and paid for separately, but shall be included in the work
The flaggers shall be provided with electronic communication devices when required These devices will not
be measured and paid for separately, but shall be included in the work.
The cost of batteries, electricity and/or fuel for all lighting or warning devices will not be paid for separately
but will be considered subsidiary to the item
Sand bags will not be measured and paid for separately, but shall be included in the work.
The Contractor may provide larger construction traffic signs than those typically used in accordance with the
MUTCD, if approved, however, payment will be made for the typical panel size
The City shall not be responsible for any losses or damage due to theft or vandalism,
Page 6 of 7
REVISION OF SEC,PION 614
TRAFFIC CONTROL DEVICES (Continued)
SPECIAL CONDITIONS FOR WORK ON ARTERIALS AND COLLECTORS
NOTIE CROSS STREiETTRAFFICSHALLBEMAINTAINEDATALLTINIESUNLESS AUTHORIZED BYTHE
ENGINEER IN WRITING
NOTE FULL CLOSURES ON ARTERIALS AND COLLECTORS INCLUDING THOSE LISTED ABOVE, WILL
BE ALLOWED UNDER EXTREME CIRCUMSTANCES AND ONLY UPON APPROVAL OF THE
ENGINEER PLANS SHALL BE APPROVED A MINIMUM OF ONE WEEK PRIOR TO THE
CON IMENCEMENT OF WORK AND/OR THE TIME REQUIRED TO ADEQUATELY NOTIFY THE
PUBLIC THROUGH THE MEDIA
0 SPECIAL CONDITIONS FOR WORK ON RESIDENTIAL STREETS
p
r
lt,
4
5
9
1
9
L'
C'
NOTE FULL CLOSURES ON ALL RESIDENTIAL STREETS SHALL BE ALLOWED AS SHOWN ON THE
TRAFFIC CONTROL PLANS
Page 7 of 7
41
1 i
SECTION 03500
PROJECT MAP
In order of priority by area
South Lcmay
McClelland Drive
West Stuart
Cherry Street
Q
North Lcmay
Sheel) Drive
Smith Street
East P[orsetooth
Brookwood
Larkbantrng
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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 Pro3ect to make
an award to that Bidder, whether because the Bid is not responsive or the
Bidder is unqualified or of doubtful financial ability or fails to meet any
other pertinent standard or criteria established by OWNER. Discrepancies
between the indicated sum of any column of figurer 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 oe 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,
qualification's 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.
e17.6. 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.
1 7/96
Section 00100 Page 7
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d,Ct. Creek Dr.
IQ
Q
I
Vio[ ��anR� Lost �o
t, b� ���'f i �O, \\e bkeek Im
i o 45,
.< o icLo�,, Dr. Snow ,>y
;v OU Ridge i�
a Q �; iFlat-
Ct.
Water- ;� (Dj ! ��
Hibiscus leaf Ct _ �' �' Wolf
St. - _• !� Creek 3 0
I Table Mtn. n
Goshawk Dr.
J�Q" ------ ice•
--1 00 pipit ,Widgeo6t.
m c
�(1) Ir taJ O 'I I� 10 m
Dr.
r '
Tanger St
Hummingbird
Dr.
Larkbunting
As
�n
%
�y
A
0T
ID
S. Mason st
I
To City of Fort Collins
28 June, 2001
Fm Traffic Masters, Inc
Richard L Wartenbe
President
Re 2000 Street Maintenance Program- Crack Seal Project
I am requesting that the funds being held in retainage on the above project be released to
Traffic Masters, Inc , to offset unpaid invoices submitted to Armor Coatings, Inc
Attached is a lien waiver releasing the City of Fort Collins from further financial liability
to Traffic Masters, Inc on this project
t,..
'4117
LIEN WAIVER RELEASE
(SUBCONTRACTOR)
TO City of Fort Collins, Colorado (OWNER)
FROM Traffic Masters, Inc (SUBCONTRACTOR)
PROJECT 2000 Street Maintenance Program - Crack Seal Protect
The SUBCONTRACTOR acknowledges having received partial payment from ARMOUR
COATINGS (CONTRACTOR) for work, labor, skill and material furnished, delivered and
performed by the SUBCONTRACTOR for the CONTRACTOR in the construction, design,
improvement, alteration, addition or repair of the above described PROJECT
In consideration of such payment and other good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the SUBCONTRACTOR voluntarily waives all
rights, claims and liens against OWNER or OWNER'S PROJECT for all such work Labor, skill
and material furnished, 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
SUBCONTRACTOR may now or may afterward have, claim or assert for such 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
The SUBCONTRACTOR 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 SUBCONTRACTOR or its agents,
employees, and servants, and releases in full any 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, including without limitation that certain claim filed by
SUBCONTRACTOR with OWNER on February 5, 2001, in the amount of $17.154 39
SUBCONTRACTOR ACKNOWLEDGES THAT BY THE FOREGOING RELEASE IT IS
WAIVING CERTAIN STATUTORY RIGHTS IT MAY HAVE ASSERTED IN RELATION
TO THE AFOREMENTIONED CLAiM FOR PAYMENT FOR WORK ON THE PROJECT,
AND SUBCONTRACTOR EXPRESSLY RESERVES ANY CLAIMS IT MAY HAVE OR
MAY IN THE FUTURE ASSERT DIRECTLY AGAINST CONTRACTOR FOR
ADDITIONAL PAYMENT UNDER ITS CONTRACT WiTH CONTRACTOR
The SUBCONTRACTOR 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
SUBCONTRACTOR'S Subcontractors, materialmen, employees, servants, agents or assigns
against the project or against the OWNER or its officers, employees, agents or assigns arising out
of the PROJECT for all loss, damage and costs, including reasonable attorneys fees, incurred as a
result of such claims
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 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
rid will be re3ected and reported to authorities as such. Your authorized
7/96 Section 00100 Page 8
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 2 Play of 0 e , 2001
ATTEST
a""k, kjU
Secretary
STATE OF COLORADO
SUBCONTRACTOR
7
By /l/T C,
Title (2 173/D E'N 1
)ss
Witness my hand and official seal
My Commission Expire MYCOm 88bn Expiroe a+s ---
bnExpkeaOL2 2009
otary Public] j
JUL-11-2001 WED 08:52 AM OF ENG'
�
13
FAX N0, 9702 78
P. 01
i
� 7 0
Change
Order Form.
= p
ClN of Fed Collins
•
PROJECT TITLE 2000 street maintenance Program, Crack Seal Project
PROJECT NUMBER 30522101,6
CONTRACTOR Armor Coatings, Inc (PO 9916913)
CHANGE ORDER NUMBER 3
Q
n preparing cnangers snow in orcier as separateed
1 Reason for change 2, Description Of change
155-ragr3rins trig Following
1 o o
3 Change In contract Cost, 4 Change In contract time
' io
1E2 The contract quantities and cost are being reduced due to ongoing delays in progress on the u
`V11
3 The contract cost will decrease Dy -$23,290 97
4 There will be no change In contract time
ORIGINAL CONTRACT COST
TOTAL APPROVED CHANCE ORDERS
TOTAL PENDING CHANGE ORDERS
TOTAL THIS CHANGE ORDER
TOTAL % OF THIS CHANGE ORDER
TOTAL C 0 % OF ORIGINAL CONTRACT
ADJUSTED CONTRACT COST
(Assuming all chall9e-Qrders apprOVed)
ACCEPTED BY*
SUBMITTED BY
APPROVED BY
cc chyclork
contractor
Purchasing
Project He
(Engineer)
-24 84%
-25 Y5%
DATE
DATE _ / 7 //-0/
DATE
atme
eparYment Head - Engineenngl
D
7-//-0 /
$93,774 00
($855 30)
$0 00
($23,290 37)
$69,628.33
Engineering Department • 281 North College Avenue d F 0 BOX 580 • Fart Collins, CO 80522-0580 • (303) 221.6605
m
J
I
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
IEND OF SECTION
0
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1 7/96
Section 00100 Page 9
No Text
I
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CONTRACT DOCUMENTS TABLE OF CONTENTS
Section
BID INFORMATION
00020 Votice Inviting Bids
00100Instruction to Bidders
00300 Bid Form
00400Supplements to Bid Forms
00410 Bid Bond
00420 Statements of Bidders Qualifications
00430Schedule of Major Subcontractors
CONTRACT DOCUMENTS
00500Agreement Forms
00510Notice of Award
00520 Agreement
00530 Notice to Proceed
00600Bonds and Certificates
00610 Performance Bond
00615 Payment Bcnd
00630 Certificate of Insurance
00635 Certificate of Substantial Completion
00640Certificate of Final Acceptance
00650 Lien Waiver Release (Contractor)
00660 Consent of Surety
00670Application for Exemption Certificate
CONDITIONS OF THE CONTRACT
00700General Conditions
Exhibit GC -A
00800Supplementary Conditions
00900 Addenda, Modifications, and Payment
00950 Contract Change Order
00960Application for Payment
SPECIFICATIONS
Pages
00020-1
- 00020-2
00100-1
- 00100-9
00300-1
- 00300-3
00400-1
00410-1
- 00410-2
00420-1
- 00420-3
00430-1
00500-1
00510-0
00520-1 - 00520-6
00530-1
00600-1
00610-1 -
00610-2
00615-1 -
00615-2
00630-1
00635-1
00640-1
00650-1
- 00650-2
00660-1
00670-1
- 00670-2
00700-1 - 00700-34
GC -Al - GC-A2
00800-1 - 00800-2
00900-1
00950-1 - 00950-2
00960-1 - 00960-2
0
E
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r
IPA
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14
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2
N
SECTION 00300
BID FORM
SECTION 00300
f
BID FORM
PROJECT: 2000 CRACK SEAL PROJECT; Bid No. 5457
Place z� Cc �5
Date ,((
1 In compliance with your Invitation to Bid dated _ L7tZe, I'l
and subt let all conditions thereof, the undersigned
.-¢ \_eze s .tn _ a **CC'at o LiTited Liability
Company, Partners ip, 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 tnis refers for the
construction of all items listed on t're following_ Bid Schedule or Bid
Schedules-
2. The undersianed 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
parsuance 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 pertainLng to the Work to be done, all of
which have been examined by the andersicned-
3. Accompanying this Bid is a cer` fi d or casnier's check or standard Bid bond
a in the 5��
3" ) in accordance with the Invitation To Bid and
Instructions to Bidders
4 The undersigned Bidder agrees to execute the Agreement and a Performance
Bond and a Pav-nent 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 tcfarnish the specified performance and payment bonds is as
follows AVwF� ix k�aClJ
0.1 T I U 11' II rb
5 Pil the various phases of Work enumerated in the Contract Documents with
their individual lobs and overhead, whether specifically mentioned,
included by implication or appurtenant thereto, are to be performed by the
CONTRACTOR ander 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 wLth the Bid Schedule or
7/96 Section 00300 Page 1
11
Bid Schedules sub]ect to changes as provided in the Contract Documents
The undersigned Bidder hereby- acknowledges receipt of Addenda No
through
CONTRP.CT
a
ADDRESS
0
0 S BID SCHEDULE (Base Bid)
?lease use attached Bid Schedule
9 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 discretLon without affecting the Agreement
or prices of any item so long as the deletion or change does not exceed
twenty-five percent (25%) of the total Agreement P:-ice
StRS"P�`C LvSpI D
SLgnature Date
Title
-,�icense Number (If Applicable)
9 7/96 Section 00300 Page 2
(5eal - if B i 9orporation)
Attest:
V
'Telephone , --22 %" 3Q 7 ;1
7/96 Section 00300 Page 3
00330
BID SCHEDULE
City of Fort Collins 2000 Crack Seal Project
ITEM
NO„
PRICE
UNIT
sr
ES'13KA1iD"
QUAN11W
CONTRACT'
AMOUNT
10501
Sweeping - Broom
m,"`
Per Hour
10
105 02
Sweeping - Vacuum.-{
j`
Per Hour
10
PU
403 10
Crack/Joint Sealant
4 , 7 Z,
Per Pound
100000
61401
"NO PARKING" Sign With Stand
Per Day Per Each
300061402
Venccal Panel Without Light
Per Day Per Each
5061403
Type I Bamcade Without Light
qt,,33b
Per Day Per Each
10061404
Type II Bamcade Without Light
Per'Day Per Each
2061405
Type III Bamcade Without Light
Per Day Per Each
20
`R 7U`�=.
61406
Sr, e A Sign With Stand
d , 5
Per Day Per Each
400
* FJ" 1 Grp
61407
Sue B Sign With Stand
("�
Per Day Per Each
10}
( b-'
61409
Sue A Specialty Sign - Cost of Manufacturing
c —
Each
5
-V
61409
Size B Specialty Sign - Cost of Manufacturing
QJ 4"�
Each
5
% L{ zrj `r'
614 10
Cone With Reflective Strip
sTJji
Per Day Per Each
goo
U
61411
Safety Fence
' i.( tb
Per Day Per Roll
5
cL"
61412
Light - Steady Bum
, kqU
Pei Day Per Each
10
, CE::
61413
Light -Flashing
,LAU
Pet Day Per Each
10
61414
A dvance Warning Flashing - or Sequencing Arrow
Panel
0 25 CC)
Per Umt Per Day
10
4 2-5,
614 15
lraffic Control Supm,tsor
a
Per Day
30
4 u Li-C.J ZG
61416
7 raflic Control Supernsor
Zj°=
Per Hour
1503i7
614 17
Flagging
�j 1 U
Per Hoor
300
i ?-ZL'i�
TOTAL COST
,4,1 7j % 'y e'-
and Cents
Check One
Individual Doing Business m Company Name
;rporation
Partnership
SECTION 00400
SUPPLEMENTS TO BID FORMS
00410Bid Bond
00420 Statement of Bidder's Qualifications
00430Schedule of Subcontractors
��
F
Ni'1
K
r�
V
t
n
PF
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SECTION 00410
BID BOND
KNOW ALL MEN BY THESE PRESENTS that we, the undersigned
as Principal, and as
Surety, are hereby held and firmly bound unto the City of E'ort Collins. Colorado
as OWNER in the sum of $ for the payment of which, well and
truly to be made, we hereby jointly and severally bind ourselves, successors, and
assigns
THE CONDITION of this obligation is such that whereas the Principal has
submitted to the ('atv of Fort Collins Colorado the accompanying Bid and hereby
made a part hereo=,to enter into a Construction Agreement for the construction
of Fort Collins Project, 2000 CRACK SEAL PROJECT, Bid No. 5457
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 an the form of Contract attached hereto (properly completed in
accordance with said Bid) and shall furnish a BOND for his faithfsl
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 Baal,
then this obligation shall be void, otherwise the same snail remain in
force and effect, it being expressly understood and agreed that the
l.Lability 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 Bad, and said Sarezy
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 SectlOn 00410 Page 1
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands
and seals this day of , 19 , and such of them as are
corporations have caused their corporate seaLs to be nereto affixed and these
presents to he signed by tneir proper officers, the day and year first set forth
above.
PRINCIPAL
Name.
Address _
By _
Title.
ATTEST
By:
(SEAL)
By - _
Title
SURETY
(SEEAL)
7/96 1 Section 00410 Page 2
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 I�q.%NALJ,. \ t�c�-��� A-�Y-
2 Permanent main office address 1{yGL. c.vr-v (--(:it`" F CC c"�_7Z
3
When organized- III
K'
4
If a corcoratron, where incorporated
-=jh ('
5.
How many years have you been
engaged
in the contracting business under your
uresent firm or trade names
1.
i?S.
6
Contracts on hand- (Schedule
these, showing
the am011rlt of each contract and
the appropriate anti
comoletio
\Cipated+dates
1of
M
6
Have you ever failed to complete any Work awarded to you?40
If so, where and whv�
Have your ever defaulted on a cor_tract'�
If so, where and whys
10 Are you debarred by any government agency
If yes list agency name
v
7/96 Section 00420 Page 1
11 List the more iimportant pro3ects recently completed by your company, stating
the approximate cost of each, and the month and year completed, location
12 List your major ecruiPmeat available for th contract
I
13. Experience in construction Work similar in importance to this
14 Background
18 Credit availabl
16
17
:p rience of the principal Tembers of your organization,
Bank reference--U-4r�Qky.
Will you, upon request, fill out a detailed f=nancial statement and furnish
any other informatfion that may be required by the OWNER)
18
Are you
licensed as a General CONTP.ACTOF.? C7
If yes,
in 'what city, county and s_ate'�
class,
licerse and numbers
19
Do you
antic=pate subcontracting Work under this Contract's
F�
If yes,
what iperq t of to contract? 2�t�
and to
whom--'
20
Are any
lawsuits pendagainst you or your firm at this
time?_
I:= yes,
DETAIL o
21
What are the limits of your public liabLlity� DETP.IL
7/96
Section 00420 Page 2
What
H
SECTION 00020
INVITATION TO BID
A'
J
ao
E
kil
I
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LJ
N
m
H
What company?�q��
22 What are your, company's bonding limitations?_ A e >
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—tk j((��
Dated a1�-,1,J,py�„�-L,' l�{`this _� day of_�}ncC.h�.-2
n �,
By
yvj
Title
State of
County of
lCc �F�Z,} d Lc 1 _bei d tly sworn deposes and says that he
is �4 of ZZW rtZ b cF��.c�� and that
(name d orb/ ganizat.cn)
the answers to the�foregc_na qi:,estions and aIL statements therein contained are
true and correct.
Subscribed and sworn to before me this day of
k9 ANN
q per
Notar Public
6Gcps�.cc.-L F
/0 a
7/96
Section 00420 Page 3
L'
SECTION OO430
QSCHEDULE OF SUBCONTRACTORS
List all subcontractors for the work items listed below and all subcontractors
performing over 10% of the contract
ITEM TOR
l� [,
K
1 7/96 Section 00430 Page 1
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA flocunieat A310
Bid Bond
KNOW ALL MLN BY THESE PUSEN I Sr that the
"NOR COATINGS INC. use„ nnnr lull n,me and ,dd,en or legal oil, of Comncton
4400 EAST 60PH AVE., COMMERCE CITY, CO 80022
as 111601331, lieteinafter called the Principal, and
AMWEST SURETY INSURANCE COMPANY "" ""`" fulln,me and ,dd.ev e, legal Ltle of 5me(y)
I P.O. BOX 4500, WOODLAND HILLS, CA 91365-4500
a cotporatlon truly organized under the laws of the State of
as Surety, hereinafter called the Surely, are held and flonly bound unto
CITY OF FORT COLLINS Olcie ime,t lull vane and add,en or Irg,l dne of Owoc,r
256 W MOUNTAIN AVE., FORT COLLINS, CO
as Obligee, heieinallel called the Obligee, in the sum of 5% of amount of bid not to exceed
Six Thousand and no/100----------------------- Dollars($6,000.00 ),
fur (lie payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, adnlinishalors, successors and assigns, jointly and severally, firmly by
these plesents
W1IERCAS, the Principal has subnntted a bid for
(1le,e insert full name, address and description of p,olectl
Bid #5457/2000 Crackseal Project
NOW, IIIERUCIRE, It the obligee shall accept the Old of file Principal slid the roncipat shalf enter Into a Contract
with the Obligee In accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding
or Cooltac� Documents with good slid sufficient surely for the faithful performance of such Contract and for the prompt
(uyntent o labor slid material furnlshed In the prosecution thereof, or in the event of the failure of the Principal to enter
sudi Contract and give such bond or bonds, If the Principal shall pay to the Obligee the difference not to exceed the pertahy
' bereol between sire amount specified In said bid and such larger amount for which the Obligee may In good faith cvntrr,t
with anolhet ploy to pelfonn the Walk covered by said bid, then this obligarion shall be null and void, otherwise to remain
In full force and effect
Signed and sealed (Ills � 18th day of January 2000
ARMOR COATINGS INC.
Nin ,pal) (Seat)
OVI(o SO
(t It e)
J�Q n AMWEST SURETY INSUR�FNCE COMPANi _
(Seal)
(VVrtnessl _
ALAN W. LORD (Title) ATTORNEY —IN —FACT
AIA UOCUMINt A110 • RIU OoflD • AIA e • tn)RUARY 19M to - lilt AMERIC AN
i(f5r(Wit Or ARCNI 1105, 1735 NY AVE, it W. WASIrINGEON, V C 20006
0 1101("If 011 f?,, 1 1,1f I"It ,•, 9/91
1
LIMITED POWER OF ATTORNEY
' Amwest Surety Insurance Company
Far West Insurance Company
Expiration Date. 12/02/01 POWERNUMBER 0001082761
This document is printed on white paper containing the artificial watermarked logo( A ) of Amwest Surety Insurance Company on the front and brown security paper
on the back Only unalt,red originals of the Limited Power of Attorney ("POA") are valid This PDA may not be used in conjunction with any other PDA No
representations or warranties regarding this POA may be made by any person This PDA is governed by the laws of the State of Nebraska and is only valid until the
expiration date Amwest Surety Insurance Company and Far West Insurance Company (C911ectnely the "Company") shall not be liable on any limited PDA which is
fraudulently produced, forged or otherwise disuibuted without the permission of the Company Any party concerned about the validity of this POA or an accompanying
Company band should call your local Amwest branch office at (303) 985-7010
aKNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company, a Nebraska corporation
(collectively the "Company"), do hereby make, constitute and appoint
Alan W Lord
As Emplo)ee of K1ser-Lord Insurance Ageri Inc
its tine and lawful Attomey-in-fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto
if a seal is required on bonds undertakings, recognizances, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof
as follows
Bid Bonds up to $1,000.000 00
Contract. Court & Subdivision Bonds up to $2,500,000 00
License and Permit Bonds up to $25,000 00
Small Business Admstrahon Bonds up to $I _50,000 00
and to bind the company thereby Ibis appointment is made under and by authority of the By -Laws of the Company which are now in full force and effect
I, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company, a Nebraska corporation, DO HEREBY
CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of both Amwest
Surety Insurance Company and Far West Insurance Compan} set forth on this Power of Attorney, and that the relevant provisions of the By -Laws of each company, are now
in full torte and effect .�//,
Bond No 1082761 Signed & sealed this 18 day of JanUarV 2000 C\ e N L 1n
+++«««+++ «« ««« «**+ *+*`« «
Karen G Cohen, Secretary
RFSOI,UTIO\'S OF THE BOARD OF DIRECTORS * ` ` *
Hits POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company
at a meeting duly held on December 15 1975 and Far West Insurance. Company at a meeting duly held on July 28, 1983
RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint atiomeys-in-fact or agents with
authority as defined or limited in the instrument es idenetng the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the
Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds and said officers may remove any such atiorne-v-m-fact or agent and revoke any PDA
previously granted to such person
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company
(1) when signed by the President or any Vice President and attested and sealed (if a seal be required) b) any Secretary or Assistant Secretary, or
(11) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (d a seal be required) by a duly
authorized attomey-in-fact or agent, or
(111) when duly executed and sealed (if a seal be required) by one or more auomeys-in-fact or agents pursuant to and within the limits of the authority
evidenced by the power of attorney issued by the Company to such person or persons
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof
authorizing the execution and delivery of any bond undertaking, recognizance or other suretyship obligations of the Company, and such signature and seal when so used shall
have the same force and effect as though manuall) affixed
IN WITNESS WHEREOF, Amwest Sul ety Insurance Company and Far West Insurance Company have caused these present to be signed by its proper officers, and its
corporate seals to be hereunto affixed this 31st dax August, 1999
� l �_Z/�
John E Savage Presider Karen G Cohen, Secretary
State of California
County of Los Angeles
On August 31, 1999 before me, JoAnne Anderson Notary Public, personally appeared John E Savage and Karen G Cohen, personally known to me (or proved to me on
the bans of satisfactory t vidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same
to his/her/their authorized capaaty(ics), and that by hisfir,/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted executed
the msuumenl
WITNESS my hand and o inal scat JDANNE E ANDEfl$DN
—OMNOTARY
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SECTION 00500
AGREEMENT FORMS
00510 Notice of Award
0 0 52 0 Agreement
Q00530
Notice to Proceed
�J
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SECTION 00510
NOTICE OF AWARD
Date February 8, 2000
TO: Armor Coatings, Inc
PROJECT 2000 CRACK SEAL PROJECT, Bid No 5457
OWNER CITY OF FORT COLLINS
(hereinafter referred to as "the OWNER")
You are hereby notified that your Bid dated December 28, 2000 for the above
project has been considered You are the apparent successful Bidder and have been
awarded an Agreement for 2000 CRACK SEAL PROJECT
The Price of your Agreement is Ninety-three Thousand Seven Hundred Seventy-four
Dollars ($93,774 00)
Four (4) copies of each of the proposed Contract Documents (except Drawings)
accompany this Notice of Award. Four (4) 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 (IS) days
of the date of this Notice of Award, that is by February 23, 2000
1 You must deliver to the OWNER four (4) 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.
3
C
P1
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
a 7/96
Section 00510 Page 1
PI
C
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SECTION 00520
AGREEMENT
THIS AGREEMENT is dated as of the 8th day of February in the year of 2000 and
shall be effective on the date this AGREEMENT is signed by the City
The City of Fort Collins (hereinafter called OWNER) and
Armor Coati,n�cs, Inc (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 placement of asphalt crack sealant at
various locations in the City of Fort Collins and is generally described in
Section 01010
ARTICLE 2 ENGINEER
The Project has been designed by City of Fort Collins, Engineering, 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
t
3 1 The Work shall be Substantially Complete within 30 working 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 45 days after the date when the Contract Times
commence to run.
3 2. Contract Period This Agreement shall commence when this contract is
signed by the City, and shall continue in full force until November 1, 2000,
aunless sooner terminated as herein provided
In addition, at the option of the City, the agreement may be extended
for additional one year periods not to exceed two (2) additional one year
periods Pricing changes, if any, shall be negotiated by and agreed to by both
parties
3.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of
10/97 Section 00520 Page 1
V
1
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
a agree that as liquidated damages for delay (but not as penalty) CONTRACTOR shall
pay OWNER the amounts set forth hereafter
1) Substantial Completion.
Five Hundred Dollars (5500 00) for each calendar day or fraction
thereof that expires after the thirty (30) working day period for
Substantial Completion of the Work until the Work is Substantially
Complete
2) Final Acceptance
After Substantial Completion, Five Hundred Dollars ($SOO 021 for each
calendar day or fraction thereof that expires after the Forty-five
(45) working 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- ($93,774 00), Ninety-
three Thousand Seven Hundred Seventy-four 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
9 10/97 Section 0OS20 Page 2
L
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
a 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
a Completion will be in an amount equal to 100% of the Work completed 90% of
materials and equipment not incorporated in the Work (but delivered, suitably
stored and accompanied by documentation satisfactory to OWNER as provided in
paragraph 14 2 of the General Conditions) may be included in the application for
payment
5 1 2 Upon Substantial Completion payment will he made in an amount
sufficient to iricrease 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
a6.2 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
9 10/97 Section 00520 Page 3
K
SECTION 00020
INVITATION TO BID
Date: December 28, 1999
Sealed Bids will be received by the City of Fort Collins (hereinafter referred
to as OWNER), at the office of the Purchasing Division, 256 West Mountain Avenue,
Fort Collins, Colorado until 3.00 P.M , our clock, on Tuesday, January 18, 2000,
for the 2000 CRACK. SEAL PROJECT; Bid No. 5457.
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 placement of asphalt crack sealant at
various locations in the City of Fort Collins as described in Section 03500
Pro]ect Maps.
In addition, at the option of the City, the agreement may be extended for
additional one year periods not to exceed two (2) additional one year periods.
Pricing changes, if any, shall be negotiated by and agreed to by both parties.
All Bids must be in accordance with the Contract Documents on file with The City
of Fort_ Collins, 256 West Mountain Avenue, Fort Collins, Colorado 80521.
Contract Documents will be available Monday, January 3, 2000.
Copies of the Contract Documents, complete with Construction Specifications and
Drawings, may be obtained from Purchasing Division at 256 West Mountain Avenue,
Fort Collins, Colorado, 80521 upon payment of a refundable fee of twenty-five
dollars ($25.00) per set. No partial sets will be issued.
The Contract Documents and Construction Drawings may be examined at:
1. City of Fort Collins, Purchasing Division.
2. The Daily Journal, 2000 S. Colorado Blvd. Suite 2000, Denver, Colorado.
3. CMD Denver Plan Room, 9250 E. Costilla Ave,STE 400, Englewood, CO
4. Builders Exchange, 223 South Link Lane, Fort Collins, Colorado.
5. The Plan Room, 2176 South Jasmine St. Door "Ell/Suite 219, Denver, Colorado.
Bids will be received as set forth in the Bidding Documents.
eThe 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
7/96 Section 00020 Page 1
Ill
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conditions of the Contract Documents, including specifically the provisions of
paragraph 4 2 of the General Conditions, and no additional examinations,
investigations, explorations, tests, reports, studies or similar information or
data are or will be required by CONTRACTOR for such purposes
6.4 CONTRACTOR has reviewed and checked all information and data shown or
indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes responsibility for the
accurate location of said Underground Facilities No additional examinations,
investigations, explorations, tests, reports, studies or similar information or
data in respect of said Underground Facilities are or will be required by
CONTRACTOR in order to perform and furnish the Work at the Contract Price, within
the Contract Times and in accordance with the other terms and conditions of the
Contract Documents, including specifically the provision of paragraph 4 3 of the
General Conditions
6 5 CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents
6.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors
or discrepancies that he has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR
aARTICLE 7. CONTRACT DOCUMENTS
7 1 The Contract Documents which comprise the entire Agreement between
Q OWNER and CONTRACTOR concerning the Work consist of the General Conditions,
Supplementary Conditions, those items included in the definition of "Contract
Documents" in Article 1 10 of the General Conditions, and such other items as are
referenced in this Article 7, all of which are incorporated herein by this
reference
7 2 Forms for use by CONTRACTOR in performing the Work and related
actions in carrying out the terms of this Agreement are deemed Contract Documents
and incorporated herein by this reference, and include, but are not limited to,
the following
7.2 1 Certificate of Substantial Completion
7 2 2 Certificate of Final Acceptance
7 2 3 Lien Waiver Releases
7 2.4 Consent of Surety
7 2 5 Application for Exemption Certificate
7 2.6 Application for Payment
7 3 Drawings, consisting of a cover sheet and sheets numbered NA through
NA inclusive with the following general title
10/97 Section 00520 Page 4
at
I
The Contract Drawings shall be stamped "Final for Construction" and dated. Any
revisions made shall be clearly identified and dated
7.4 Addenda Numbers NA to NA, inclusive
IiP 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 G 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
a10/97 Section 00520 Page 5
OWNER C Y OF FORT COLLINS
By _ �.
JOHN F. F SCHBACE, CITY �KANAGQE(R�CJ��!
BY — i l)dv -0
JAMS/IB- O'NEILL II, CPPO
DIRECTOR OF PURCHASING
AND RIS A EMENT
Date)
Attest
City Cler}�
,
Addresp, for giving not
P 0 ox 580
Fort Collies, CO 8. , 2:
Approved iias to Form
Assistant City Att(
Title. rCL�3.
tL tiquYt ase
Date 2i f 1 m
m
(CORPORATE
Attest- �'fV %uyf .~ I
� ,'� ����/lfgitlii6tltl'�tt*SV4
yE� t
es Address for giving notices
titc Cd2Z
LICENSE NO
10/97 Section 00520 Page 6
0
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SECTION 00530
NOTICE TO PROCEED
Description of Work 2000 CRACK SEAL PROJECT, Bid No 5457
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
y of
19
The dates for Substantial Completion and Final Acceptance shall be
19_ and , 19, respectively
City of Fort Collins
OWNER
By:_
Title
ACKNOWLEDGMENT OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged this
— day of , 19
CONTRACTOR
By
Title.
L3
7/96
Section 00530 Page 1
SECTION 00600
BONDS AND CERTIFICATEIS
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
IBond No. 113nn299�
KNOW ALL MEN BY THESE PRESENTS- that
a(Firm) ARMOR COATTNfIS, TNr
(Address)_4�Qn PAST 6 thAVF- , COMMFRPE CITY, CO 80022
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the
"Principal" and
(Firm) AMWEST SURFTY msugmrp, rnMPANV
(Address) , P.O. BOX 580 WOODLAND HILLS, CA Al 169-4Snn
0 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
D Corporation) hereinafter referred to as the "OWNER", in the penal sum of
$91.,774_00 in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal: entered-,„�'4
into a certain Agreement with the OWNER, dated the Ath _ day ofFrAriv'
Yl12nnn a copy of which is hereto attached and made a part hereof ;for ne�
performance of The City of Fort Collins project, 2000 CRACK SEAL PROJECT-,--B dLNT-
5457.
NOW, THEREFORE, iE the Principal shall well, truly and Faithfully performYn,tef`
duties, all the undertakings, covenants, terms, conditions and agreements of'said,0
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
1 7/96 Section 00610 Page 1
I
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 four (4) counterparts, each
one of which shall be deemed an original, this 8th day of FF.RRTTARY ,
W 2000.
ESENC OF
,• �,. .��liitiuiitss!k,,
F71
y` :p 1
1p l 1 (,Co ci� aka Seal)
---.L I.,PRESFNCE OF
�lx I"'
IN PRESENCE OF:
r
MY„
,., 0r�'e1
,(Siil2i; "Seal)
41
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96
i
Princip R 0 T NGS, INC.
,
(Title)
-4400 EAST 60th AVE., CO',ZEERCE CITY, CO.
(Address)
Other Partners
By:
By:
Surety AMWEST SURETY INSURANCE COMPANY
By: &4ul v`
ALAN W. LORD, Attorney - In - Fact
By:
(Address)
165 SOUTH UNION BLVD. #120
LAKEWOOD, COLORADO 80228-2210
of Bond must not be prior to date of Agreement. If CONTRACTOR
is Partnership, all partners should execute Bond.
Section 00610 Page 2
I
SECTION 00615
PAYMENT BOND
Bond No. 1 13002 93
KNOW ALL MEN BY TgESE PRESENTS: that
(Firm) ARMOR COATTNC;S, INC.
(Address) 4400 EAST[' 60TH AVE., COMMERCE CITY, COLORADO 80022
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the
"Principal" and
�- (Firm) AMWEST SURETY INSURANCE COMPANY
(Address) P.O. BOX 4500, WOODLAND HILLS, CA 91365-4500
hereinafter referred to as.,"the Surety", are held and firmly bound unto the City
of Fort Collins, 300 Laportd Ave.. Fort Collins. Colora-do -805221a (Municipal
Corporation) hereinafter referred -'to\ -as "the OWNER'!,•in thelpenal sum(of
—$43,774-00 - in lawful money of the United States, for
the payment of which sum well and -truly to be made, we bind ourselves,,- successors
and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF' THIS OBLIGATION are such that whereas the Pr-i i-i-cipal ,entered.
into a certain Agreement with the OWNER, dated the gth _ day of-FFerTAry l
yy1 2000
a copy of which is hereto attached and made a part 'hereof -for--the
performance of The City of Fort Collins project, 2000 CRACK SEAL PROJECT; Bid•No.
5457.
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.
n 7/96 Section 00615 Page 1
a
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 four (4) counterparts, each
one of which shall be deemed an original, this R th day of FEPRIJARY
ig 2000
n
71--,
RESEN
e 1
el �
r{r
• ...
', a,un.4�a� �a
..,(Corporate, Steal )
aaaf °a as �* a.°
IN PRESENCE, OF
P ncipa C A G , INC.
/ V
By
M-
(Address)
Other Partners
IN PRESENCE OF: Surety ST SURETY INSURANCE COMPANY
By:
By: 165 GnnT1,=0N #120, LAKEWOOD, CO. 80228-2210
(Address)
(Surety!.- Seal )
�v�4y F 0V 1 , y , 0 BY: A i nn w- T and , Attorney -In -Fact
q,.,`Nn l`;:�,4 i y� `Date of Bond must not be prior to date of Agreement. If CONTRACTOR
��tt:�r rc tom. is Partnership, all partners should execute Bond.
Section 00615 Page 2
LIP41TED POWER OF ATTORNEY
Amwest Surety Insurance Company
Far West Insurance Company
Date: 12/02/01 POWER NUMBER 0001082792
This document is printed on white paper contmmng the artificial watermarkLd logo ( W ) of Amwest Surety Insurance Company on the front and brown security paper
on the back Only unaltered originals et the Limited Power of Attorney ("POA") arc valid Ihis POA may not be used in conjunction with any other POA No
representations or warranties regarding this POA may be made by any person This POA is governed by the laws of the State of Nebiaska and is only valid until the
expiration date Amwest Surety Insurance Company and Far West Insurance Company (collectively the "Company") shall not be liable on any limited POA which is
fraudulently produced, forged or otherwise distributed without the permission of the Company Any party concerned about the validity of this POA or an accompanying
Company bond should call your local Amwest blanch office at (303) 985-7010
0 KNOW ALL BY I HESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company, a Nebraska corporation
(collectively the "Company"), do hereby make, constitute and appoint
Alan W Lord
aAs Employee of Kiser -Lord Insurance Agency, Inc
aits true and lawful Attorney-m-fact, with IlmilLd power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto
if a seal is required on bonds, undertakings, recognizances, reinsurance agrtcment for a Miller Act or other performance bond or other written obligations in the nature thereof
as follows
Bid Bonds up to SI,000,000.00
Contract, Court & Subdivision Bonds up to $2,500,000.00
License and Permit Bonds up to $25,000.00
Small Business Admistration Bonds up to $1,250,000 00
and to bind the company thereby This appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect
I, the undersigned secretary of Amwest Surety InsumnLL Company, a Nebraska corporation and far West Insurance Company, a Nebraska corporation, DO IIEREI3Y
CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of both-Amwest
Surety Insurance Company and Far West Insurance Company set forth on this Power of Attorney, and that the relevant provisions of the By -Laws of each company, are now
in full force and effect
Bond No 113002593 Signed & sealed this 8 thday of F .BRF' _ UARY 2000
Karen G Cohen, Secretary
***************** RESOLUTIONS OF THE BOARD OF DIRECTORS ********************** * * * * *
This PDA is signed and sealed by facsimile under and by the authority of the following rLsolutions adopted by the Board of Directors of Amwest Surety Insurance Company
at a meeting duly held on December 15, 1975 and Far West Insurance Company at a meeting duly held on July 28, 1983
RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys-m-fact or agents with
authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the
Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds, and said officers may remove an} such attorney-m-fact or agent and revoke any POA
previously granted to such person
RESOLVED FUR I HER, that an y bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company
(1) when signed by the President or any Vice President and attested and sealed (if a seal be required) by arty Secretary or Assistant Secretary, or
(u) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countLi signed and sealed (if a seal be required) by a duly
authorized attomey-m-fact or agent, or
(ur) when duly executed and sealed (it a seal be required) by one or more attorneys-m-fact or agents pursuant to and within the limits of the authority
evidenced by the power of attorney issued by the Company to such person or persons
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof
authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall
have the same force and efteLt as though manually affixed
IN WI rNESS WHEREOF, Amwest Surety Insurance Company and Far West InsuranLL Company have caused these present to be signed by its proper officers, and its
corporate seals to be hereunto affixed this 31st day August, 1999
John E Savage, Presidefit Karen G Cohen, Secretary
State of California
County of Los Angeles
On August 31, 1999 before me, JoAnne Anderson Notary Public, personally appeared John E Savage and Karen G Cohen, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument
WITNESS my hand and o ficial seal JOANNE E ANDERSON
Comm.111 92456 r^
INS(tR'••-.,• "),,u qN`'••" (Seal) A NOTARY PUBLICCALIFORNIAV1
OPP Oqq 92 c� PPCR CEO' Signaturt Seal '•
= Q p r O =, ?.� o� N%. -- JoAnne Andn.n Nmnry Pobhc nos Angeles County r
e m 2 s e m O M Lomm Expires A 21, 2002
=tn — DEC 14, o n__W DEC 14 C a
FL 1995 C) 1995
5230 Las Vir eves Road Calabasas, CA 91302 rEL 818 871-2000
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
mone7ary 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
Ja s B. O'Neill, II, CPPO
chasing/Risk Management Director
7/96 Section 00020 Page 2
L
0
C
1I1
IF
ACaRD. CERTIFICATE OF
LIABILITY
INSURANCECSR JP DATE (MMIDD/YY)
ARMOR-1 02/29/00
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Manor_ Insurance Agency, Inc
HOLDER THIS CERTIFICAT E DOES NOT AMEND, EXTEND OR
1323 S Colorado Blvd Ste 210
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVERAGE
Denver CO 80222
COMPANY --
A Colorado Compensar.ion Insu'ranc_
PI mne No 303-6S)1-9100 Fax No 303-691-2565
COMPANY
f i'dSURED --—
B
COMPANY:
C
Armor_ Coatings, Inc
COMPANY a «"
4400 East 60th Avenue
Commerce City CO 80022
D
'OVERAGES
J
THIS IS TO CERTIFY THAT THE POLICIES CF INSURANCE LISTED BELOW HAVE
BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION
OF ANY CONTRACTOR OTHER DOCUMENT WITH RES°ECT TO WHICH 1 HIS
CEPTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
I EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE
BEEN REDUCED BY PAID CLAIMS
CO
L rf2
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFEC FIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MFAID D1YY1
LIMITS
1 GENERAL LIABILITY
GENERAL AGGREGATE
$
PRODUCTS - COMP/OP AGG
$
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR
PERSONAL & ADV INJURY
$
EACH OCCURRENCE
$
OWNER S & CONTRACTOR'S PROT
_
FIRE DAMAGE (Any one No)
$
�OMOBILE
MED EXP (Any one person)
$
LIABILITY
---
COMBINCD SINGLE LIMIT
r V,Y AUTO
i /-I_I. OWNED AUTOS
I _
� BODIL / Ilv' IUI;Y
4 2CH4DULED AUTOS
(Per of -on)
HIRF_D AUTOS
I BODILY Ill F Y
$
l
i NOIN-0WNED AUTOS
(Per a, IJ"l
I
$
I I
I--� —
I I
PROPERT r DAMAGE
I` GARAGE LIABILITY
AUTO ONLY-EAACCIDLNT
$
ANY AUTO
OTHER THAN AUTO ONLY
EACH ACCIDENT
q,
i
I �
AGGREGATE-
$
=XCESS LIABILITY I
I
EACIi OCCURHENI,F_
$
UMBRELLA FORM
AGGREGATE
$
yI
OTHER THAN UMBRELLA FORM
NOF NC-RS C-DPAPENSATIONAND
W LSI A FU- �FH
I 1.17C F�
EMPLOYERS' LIABILITY
-_�__
EL EACH ACCIDENF
- _
$ 100,000
THE PROPRIETOR/
A INCL
PARTNERS/EXFCUTIVE
4021486
07/13/99
07/13/01)
ELDISEASE-POLICYLIMIT
---- --
$ 5'00 000
-- - r
OFFICERS ARP EXCL
EL DISEASE - EA EMPLOYEE
6 100,000
OTHFR
ES,"�,PTION OF OPERATIONS/LOCATIONSNE HICLESISPECIAL 17EMS
i
I
CERTIFICATE HOLDER
I
,
CANCELLATION
t
i
SHOULD ANY Or THE ABOVE I�ES�RiHi I-Cl � _> BE CANICELI_CU BEFORE THE
CITYFOR
EXPIRATION DATE THEREOF T ;F S"J14a ,-,N,,1ANY WILL ENDEAVOR DO MAIL,
-0- DAYS WRITTEN NOIR E IFj 7IE LFfe"'-Ic ATE I IOLOCP NAMCU FO THELEFT
C1ty of Fort COl'11ns
256 West Plountailn Avenue
SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILIIY
Fort Collins CO 80522
OF ANY KIND UPON THE COMPANY ITS AGEN FS OR REPRESEN IAI IVC9
I
AUTHORIZED REPRESENTATIVE
I
1CORD 25-S (1195
�
ORD CORPORATION 1988
No Text
MAR-08-2000 WED 11:116 AM KISER-LORD INSURANCE FAX NO, 8012549246 F. 01/
01
CERTIFICATE OF LIABILITY INSURANCE DATE(MM'ODNY)'
ACO�D,N 03/08/00
PRODUCER 'y _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
KZSER—ZARD INSURANCE AGENCY, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. BOX' 95890 ALTER THE! COVERAGE AFFORDED BY THE POLICIES BELOW.1
SOUTH JORDAN, UT 8,4095-0890
1-807,-25n-9235 INSURERS AFFORDING COVERAGE
NauTEa ARMOR COA!rINiGS, TNC. INwRERa WEST AMERICAN INSURANCE» CO.
4400 BAST 6OTH AVENUE INSURERS
COMMERCE CI'T,Y, CO 80022 NSVRERC
COVERAGES i
THE POLICIES OF INSURANCE LISRO BELOW hIAVE BEENISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWII HSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS CXCLUSIONS AND CONDITIONS CF SUCH
POLICIES AC(,kCGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY P610 CLAIMS
INSR POUEYE PE�w POLN:TEXMAA
TYFE OPINSURANCC POLtYNUMBER DA r NY DATE (MM'D LIMITS
GENERALLABR ITY
_—
EACHOCCURRCNCE
$1,_0.00, 000
FIR_EDAMACE(AnyalCbl)
S 5O, OOO
X CCMMERCKCIF.NERALI.IAOILITY
MED EXA (Any one perw, )
2 O go
CLAIMS MADE I Z :J OCCUR
A
BRW 52254189
04-24-99
04-24-00
PERSONAL ILADVINJURY
sl,_000,000
»"--
CENERALAGGREGATE
s2, 000, O00
CEN L AGGREGATE I,IMYT APPLIES PER .
Y 2 , 0 0 0 , O O 0
PRODUCTS - COMNOP ACG
-
POLICY PE T LOC;
~_
• • .,
AUTOMOBILE
X
LIABILITY
ANYAUIO
COMBIN ID SINGLE LIMIT
LEAA=00m)
Y1,000,000
WY
130DILY INJURY
(Per person)
1
S
N
ALL OWPt6'OIAUTOS
SCFFOULED AUTc13
A
_X
X
HIRPDAUToS
NON-OWNEDAUl05
BAW 522543 89
04-24-99
04-24-00
BC3bILY lNJUHY
(Peramkl.,d)
S
it
PNOFERTY DAMAGE
(P-e( Anc16enq
GARAGELIABILITY
AUTO ONLY -EA ACCIDENT
..
S
S
ANYAUIO—
FA ACC
OTHER THAN
AUTO ONLY AGG
,
s j
EZCEB6 LIABaITYI,
EACI I OCCURRENCE
Y
OCCUR �❑ CLAIMS MADC
AGGREGATE
I
_
6 �
^
DEDUCTIELE'
_b
Y
RE711N)ICN Y
WORKERS COMPENSATION AN15
EMPLOYERS' LIARILRY
7WORY LIMII73 ER
E L, EACH ACCIDENT
s
E L OIF.FASE • CA EMPLOYRL"
Y •V~
EL DISEASE -POL ICY LIMIT
OTHER
I
I
I
DESCRIPTION OF OPERATIONSrLOCATIONNIVEHICLEEIEXCLUSiONE ADDED BY ENDORSEIAENTISPECDIL PROVISIONS
I
I
CERTIFICATE HOLDER — ADDITIONAL INJURED; INSURER LETTER. CANCELLATION
.v_ MMW M SHOULD ANY OF THE ABOVE DESCRIBED POIICI£S BR CANCELLED BEFORE THE EXPIRATION
CI',E'YI OF FORT COLT,INS DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO NIPL �- 0 DAYS WRITTEN
PURCHASING DIVISION NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
256 WEST MOUNTAIN AVZ . IMPOSE NO OBLIGATION OR UAGU TY OF ANY KNO UPON THE INSURER, ITS AGENTS OR
FORT, COLLINS, ,COLORAOO 80521 REPR¢xENTATN£s
FAX: 970-221-6177 ATTN: OAN AUTHORIZED REPRESENTATIVE
ACORD 26-S (7/87) rJ CORD COIL RATION 1888
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SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO- CITY OF FORT COLLINS
(OWNER)
DATE OF SUBSTANTIAL COMPLETION• PROJECT TITLE:
2000 CRACK SEAL PROJECT; Bid No. 5457
PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins, Colorado
INCLUDE:
OWNER: _City 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 DA
The OWNER accepts the project or specified area of the project as substan-
tially 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 COLIINS. COLORADO By
OWNER
REMARKS:
7/96
AUTHORIZED REPRESENTATIVE
Section 00635 Page 1
DATE
No Text
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
TO
Gentlemen:
19
You are hereby notified that on the ` day of 19_, the City of
Fort Collins, Colorado, has accepted the Work completed by
for the City of Fort Collins project 2000 CRACK SEAL
PROJECT; Bid No. 5457. A check is attached hereto in the amount of $
as Final Payment for all Work done, subject to the terms of the Contract
Documents which are dated
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:
AATTEST.
Title: _
7/96
Section 00640 Page 1
No Text
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM:
(CONTRACTOR)
PROJECT: 2000 CRACK
SEAL PROJECT; Bid No.
5457
1. The CONTRACTOR
acknowledges having received
payment, except retainage from
'
the OWNER for
all work, labor, skill
and material furnished, delivered and
performed by
the CONTRACTOR for
the OWNER or for anyone in the
construction,
design, improvement,
alteration, addition or repair of the
above described project.
2. In consideration of such payment and other good and valuable consideration,
the receipt and adequacy of which are hereby acknowledged, the CONTRACTOR
voluntarily waives all rights, claims and liens, including but not limited
to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop
notices, equitable liens and labor and material bond rights which the
CONTRACTOR may now or may afterward have, claim or assert for all and any
work, labor, skill or materials furnished, delivered or performed for the
construction, design, improvement, alteration, addition or repair of the
above described project, against the OWNER or its officers, agents,
employees or assigns, against any fund of or in the possession or control
of the OWNER, against the project or against all land and the buildings on
and appurtenances to the land improved by the project.
3. The CONTRACTOR affirms that all work, labor and materials, furnished,
delivered or performed to or for the construction, design, improvement,
alteration, addition or repair of the project were furnished, delivered or
performed by the CONTRACTOR or its agents, employees, and servants, or by
and through the CONTRACTOR by various Subcontractors or materialmen or
their agents, employees and servants and further affirms the same have been
paid in full and have released in full any and all existing or possible
future mechanic's liens or rights or claims against the project or any
funds in the OWNER'S possession or control concerning the project or
against the OWNER or its officers, agents, employees or assigns arising out
of the project.
4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if
any, and the Surety on the project against and from any claim hereinafter
made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants,
agents or assigns against the project or against the OWNER or its officers,
7/96 Section 00650 Page 1
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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.
S. The parties acknowledge that the description of the project set forth above J
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. r�
L/
Signed this day of 19 -7
CONTRACTOR
By: �-
Title: 'I
y
ATTEST: tt
�^1
�i
Secretary
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this day of
19 , by
Witness my hand and official seal �J
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: 2000 CRACK SEAL PROJECT; Bid No 5457
CONTRACT DATE:
In accordance with the provisions of the Contract between the OWNER and the
CONTRACTOR as indicated above, for
on bond of
(Surety)
hereby approves of the Finai Payment to the CONTRACTOR, anct agrees that Finai
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 , 19�
(Surety Company)
By.
ATTACH: Power of Attorney and Certificate of Authority of Attorneys) -in-Fact.
7/96 Section 00660 Page 1
No Text
SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
Insert State certificate here.
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DR 0172 (12/98)
COLORADO DEPARTMENT OF REVENUE
DENVER CO 80261
(303)232-2416
CONTRACTOR APPLICATION
FOR
EXEMPTION CERTIFICATE
Pursuant to Statute
Section 39-26.114(1)(a)(M)
DO NOT WRITE IN THIS SPACE
The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and budding
materials for the exempt project described below This exemption does not include or apply to the purchase or rental of equipment,
supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become a part of the
structure, highway, road, street, or other public works owned and used by the exempt organization
Any unauthorized use of the exemption certificate will result in revocation of your exemption certificate and other penalties provided
by law
A separate certificate is required for each contract.
Subcontractors will not be issued Certificates of Exemption by the Department of Revenue It is the responsibility of the prime
contractor to issue certificates to each of the subcontractors (See reverse side )
FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED.
RegistratioNAccount No (to be assigned by DOR)
Period
0170-750 (999)
89 -
CONTRACTOR INFORMATION
1 ^�+
Trade name/DBA.
Owner, partner, or corporate name
Mailing address (City, State, Zip)
Contact Person
E-Mail address
Federal Employer's Identification Number
Bid amount for your contract
Fax number
Business telephone number
Colorado withholding tax account number
EXEMPTION INFORMATION Copies of contractoragreementpages('1) identifying the contracting parties
- and (2) containing signatures of contracting parties must be attached.' ,
Name of exempt organization (as shown on contract)
Exempt organization's number
98 -
Address of exempt organization (City, State, Zip) -
Principal contact at exempt organization
Principal contact's telephone number
Physical location of project site (give actual address when applicable and Cities and/or County (ies) where project is located)
Scheduled Month Day Year
Esllmated Month Day Year
construction start date
completion date
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 of owner, partner or corporate officer
Title of corporate officer
Date.
DO NOT WHITE 9ELOW THIS LINE
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 exemption 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.
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SECTION 00700
GENERAL CONDITIONS
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No Text
r!�
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 A vertical bar is displayed
in the left margin for either added or deleted text
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
No Text
TABLE OF CONTENTS OF GENERAL CONDITIONS
Article or Paragraph
Number & Title
I DEFINITIONS
1 I
Addenda
12
Agreement
1 3
Application for Payment
14
15
Asbestos
Bid
16
Bidding Documents
1 7
Bidding Requirements
18
Bonds
L9
Change Order .
110
1Contract Documents
1 I
Contract Price
1 12
Contract Times
1 13
CONTRACTOR
1 14
defective
1 15
Drawings
1 16
Effective Date of the Agreement
1 17
! ENGINEER
1 18
ENGINEER's Consultant
1 19
Field Order
1 20
General Requirements
l 21
Hazardous Waste .
1 22 a
Laws and Regulations, Laws or
Regulations .
1 22 b
Legal Holidays
123
Liens
124
Milestone
1 25
Notice of Award
1 26
Notice to Proceed
127
OWNER
1 28
Partial Utilization
129
PCBs
130
Petroleum
1 31
1 Project
1 32 a
Radioactive Material
1 32 b
Regular Working Hours .
1 33
I Resident Project Representative
134
Samples . .
1 35
1 Shop Drawings
136
Specifications
137
Subcontractor ..
1 38
Substantial Completion
1 39
Supplementary Conditions
140
Supplier .. ....
1 41
Underground Facilities
l 42
Unit Price Work
1 43
Work ....
1 44
Work Change Directive
I 45
Written Amendment
Page Article or Paragraph
Number Number & Title
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
3
3
3
3
Page
Number
2 PRELIMINARY MATTERS . ... ... 3
2 1
Delivery of Bonds . 3
2 2
Copies of Documents ... 3
23
Commencement of Contract
Times, Notice to Proceed 3
24
Starting the Work ...... . 3
2 5-2 7
Before Starting Construction,
CONTRACTOR's Responsibility
to Report, Preliminary Schedules,
Delivery of Certificates of
Insurance .. 3
2 8
Preconstruction Conference .. 4
2 9
Initially Acceptable Schedules 4
CONTRACT DOCUMENTS- INTENT,
AMENDING, REUSE
.4
3 1-3 2
Intent ..
4
3 3
Reference to Standards and Speci-
fications of Technical Societies,
Reporting and Resolving Dis-
crepancies ..
4
3 4
Intent of Certain Terms or
Adjectives ....
5
3 5
Amending Contract Documents
5
3 6
Supplementing Contract
Documents ... ... .
5
3 7
Reuse of Documents
5
4 AVAILABILITY OF LANDS,
SUBSURFACE AND PHYSICAL CONDITIONS,
REFERENCE POINTS
5
4 1
Availability of Lands ...
5
4 2
Subsurface and Physical
Conditions
6
4 2 1
Reports and Drawings ....
6
4 2 2
Limited Reliance by CONTRAC-
TOR Authorized; Technical
Data .... ......
6
4 2 3
Notice of Differing Subsurface
or Physical Conditions .. ...
6
4 2 4
ENGINEER's Review .
6
4 2 5
Possible Contract Documents
Change .. .. ..... ... .
6
4 2 6
Possible Price and Times
Adjustments .
6
4 3
Physical Conditions --Underground
Facilities .......... .. ...7
4 3 I
Shown or Indicated .... ......
7
4 3 2
Not Shown or Indicated .. .
. 7
44
Reference Points ....... .
7
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
1
Article or Paragraph
Page
Article or Paragraph
Page
Number & Title
Number
Number & Title
Number
45
Asbestos, PCBs, Petroleum,
625
Submittal Proceedures, CON.
Hazardous Waste or
TRACTOR's Review Prior
Radioactive Material
7
to Shop Drawing or Sample
Submittal
16
5 BONDS AND INSURANCE
8
6 26
Shop Drawing & Sample Submit-
5 1-5 2
Performance, Payment and Other
tals Review by ENGINEER.
16
Bonds
8
627
Responsibility for Variations
5 3
Licensed Sureties and Insurers,
From Contract Documents
16
Certificates of Insurance
8
628
Related Work Performed Prior
54
CONTRACTOR's Liability
to ENGINEER's Review and
Insurance
9
Approval of Required
5 5
OWNER's Liability Insurance
9
Submittals
17
5 6
Property Insurance
9
629
Continuing the Work
17
5 7
Boiler and Machinery or Addi-
6 30
CONTRACTOR's General
tional Property Insurance
10
Warranty and Guarantee
17
5 8
Notice of Cancellation Provision
10
6 31-6 33
Indemnification .
17
5 9
CONTRACTOR's Responsibility
6 34
Survival of Obligations
18
for Deductible Amounts
10
5 10
Other Special Insurance
10
7 OTHER WORK
18
5 11
Waiver of Rights
10
7 1-7 3
Related Work at Site
18
5 12-5 13
Receipt and Application of
7 4
Coordination
18
Insurance Proceeds
11
5 14
Acceptance of Bonds and Insur-
8 OWNER'S RESPONSIBILITIES
18
ance, Option to Replace
11
8 1
Communications to CON-
5 15
Partial Utilization --Property
TRACTOR
18
Insurance
11
8 2
Replacement of ENGINEER ..
18
83
Furnish Data and Pay Promptly
6 CONTRACTOR'S RESPONSIBILITIES
11
When Due
18
6 1-6 2
Supervision and Superintendence
11
8 4
Lands and Easements; Reports
6 3-6 5
Labor, Materials and Equipment
11-12
and Tests
18
6 6
Progress Schedule
12
8 5
Insurance
18
67
Substitutes and "Or -Equal" Items,
86
Change Orders ".
18
CONTRACTOR's Expense,
8 7
Inspections, Tests and
Substitute Construction
Approvals
19
Methods or Procedures,
88
Stop or Suspend Work,
ENGINEER' Evaluation
12-13
Terminate CONTRACTOR's
6 8-6 11
Concerning Subcontractors,
Services
19
Suppliers and Others,
89
Limitations on OWNER'S
Waiver of Rights
13-14
Responsibilities ...
19
6 12
Patent Fees and Royalties
14
8 10
Asbestos, PCBs, Petroleum,
6 13
Permits .. ...
14
Hazardous Waste or
6 14
Laws and Regulations
14
Radioactive Material
19
6 15
Taxes ... ...
14
8 11
Evidence of Financial
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
620
Safety and Protection .
15
9 1
OWNER's Representative ....
19
6 21
Safety Representative
15
9 2
Visits to Site .. .. .. ......
19
6 22
Hazard Communication Programs
16
9 3
Project Representative .... 19-21
6 23
Emergencies
16
9 4
Clarifications and Interpre-
6 24
Shop Drawings and Samples ..
16
tations ... ......
21
9 5
Authorized Variations in Work .
21
EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
1i
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
Article or Paragraph
Number & Title
96
Rejecting Defective Work
9 7-9 9
Shop Drawings, Change Orders
and Payments
9 10
Determinations for Unit Prices
9 11-9 12
Decisions on Disputes, ENGI-
NEER as Initial Interpreter
9 13
Limitations on ENGINEER's
Authority and Responsibilities
10 CHANGES IN THE WORK
10 1
OWNER's Ordered Change
102
Claim for Adjustment
10 3
1 Work Not Required by Contract
I Documents
104
1 Change Orders
105
1 Notification of Surety
Page Article or Paragraph
Number Number & Title
11 CHANGE�OF CONTRACT PRICE
11 1-11 3 Contract Price, Claim for
® Adjustment, Value of
the Work
11 4 Cost of the Work
11 5 Exclusions to Cost of the Work
11 6 CONTRACTOR'S Fee
11 7 Cost Records .
11 8 Cash Allowances . .
11 9 Unit Price Work
12 CHANGE' OF CONTRACT TIMES
D 12 1 Claim for Adjustment
12 2 Time of the Essence
12 3 Delays Beyond CONTRACTOR's
Control .
124 Delays Beyond OWNER's and
CONTRACTOR's Control
13 TESTS AND INSPECTIONS, CORRECTION,
REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13 1 Notice of Defects
13 2 Access to the Work .
13 3 Tests and Inspections,
CONTRACTOR's Cooperation
13 4 OWNER's Responsibilities,
Independent Testing Laboratory
13 5 CONTRACTOR's
Responsibilities . .. .
13 6-13 71 Covering Work Prior to Inspec-
tion, Testing or Approval
a
a EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
Page
Number
21
13 8-13 9
Uncovering Work at ENGI-
NEER's Request
27
21
13 10
OWNER May Stop the Work ..
. 27
21
13 11
Correction or Removal of
Defective Work ........
28
22
13 12
Correction Period ..... ..
28
13 13
Acceptance of Defective Work
28
22
13 14
OWNER May Correct Defective
Work .... ...
28
22
22
14
PAYMENTS TO CONTRACTOR AND
23
COMPLETION .....
28
14 1
Schedule of Values
28
23
142
Application for Progress
23
Payment ..... ... .. ....
29
23
14 3
CONTRACTOR's Warranty of
Title
29
23
14 4-14 7
Review of Applications for
Progress Payments ..
29
14 8-14 9
Substantial Completion
30
23
14 10
Partial Utilization ..
30
24
1411
Final Inspection
31
25
14 12
Final Application for Payment
31
25
14 13-14 14
Final Payment and Acceptance
. , 31
25
14 15
Waiver of Claims ...
31
25
26
15
SUSPENSION OF WORK AND
TERMINATION
31
26
15 1
OWNER May Suspend Work
31
26
15 2-15 4
OWNER May Terminate
32
26
15 5
CONTRACTOR May Stop
Work or Terminate
32
26
16
DISPUTE RESOLUTION
33
26
17
MISCELLANEOUS
33
17 1
Giving Notice . ...... .
33
17 2
Computation of Times ...
33
27
17 3
Notice of Claim ..
33
27
174
Cumulative Remedies
33
27
175
Professional Fees and Court
Costs Included
33
27
17 6
Applicable State Laws ....
.. 33
Intentionally left blank ...... ... .....
34
27
EXHIBIT GC -A
(Optional)
27
Dispute Resolution Agreement ........ GC -Al
16 1-16 6
Arbitration ............. GC -Al
27
167
Mediation . GC-A2
10
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
25, 630, 6 34
Access to the --
Lands, OWNER and CONTRACTOR
responsibilities
4 1
site, related Work
7 2
Work,
13 2, 13 14, 14 9
Acts or Omissions--, Acts and Omissions
--
CONTRACTOR
691,9133
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
5 7
Adjustments—
Contract Price or Contract
Times 1 5, 3 5, 4 1, 4 3 2, 4 5 2,
4 5 3,
9 4, 9 5, 10 2-10 4,
11, 12, 14 8, 15 1
progress schedule
66
Agreement --
definition of
12
.%11-Risk" Insurance, policy form
5 62
Allowances, Cash
11 8
Amending Contract Documents
3 5
Amendment, Written --
in general 1 10, 1 45, 3 5, 5 10, 5 12, 6 6 2
682,619,
101, 104, 112
121, 13 122, 1472
Appeal, OWNER or CONTRACTOR
intent to 9 10, 9
11, 10 4, 16 2, 16 5
Application for Payment --
definition of
1 3
ENGINEER's Responsibility
9 9
final payment 9 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 5 2
definition of .. ..
... .. 1.4
Article or Paragraph
Number
OWNER responsibility for
45 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, 84
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,
4264,613,
1143, 1191)
Bidding Documents --definition
of 1
16 (6 8 2)
Bidding Requirements --definition
of
1 7 (1 1, 4 2 6 2)
Bonds --
acceptance of
5 14
additional bonds
10 5, 114 5 9
Cost of the Work
11 5 4
definition of
• 1 8
delivery of
2 1, 5 1
final Application for Payment
14 12-14 14
general
1 10, 5 1-5 3, 5 13,
913, 105, 1476
Performance, Payment and Other
5 1-5 2
Bonds and Insurance --in general
. 5
Builder's risk "all-risk" policy form
5 62
Cancellation Provisions, Insurance
54 11, 5 8, 5 15
Cash Allowances
11 8
Certificate of Substantial Completion_-_
1 38, 63023,
14 8, 14 10
Certificates of Inspection
9 13 4, 13 5, 14 12
Certificates of Insurance 27, 5 3, 5 4 11, 54 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 82, 94
9
5, 9 11, 10 2, 10 5, 11 2, 13.9,
13 13, 13 14, 14 7, 15 1, 15.5
CONTRACTOR's fee
116
Cost of the Work
general
. . . 11 4-11 7
Exclusions to. . .
. ....... . .... 115
Cost Records
. ..... ...... 117
in general 1 19,
1 44, 9 11, 10 4 2, 10 4.3, 11
Lump Sum Pricing ..
........ ..... 11 3.2
Notification of Surety
105
Scope of, .
10 3-10 4
Testing and Inspection,
Uncovering the Work
13 9
Unit Price Work
.......... 11 9
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
IV wi CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
Article or Paragraph
Number
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,
682, 94, 95, 911, 102, 105, 121,
I 139, 1313, 1314,
147, 151, 155
Contractual ltime limits
122
Delays beyond CONTRACTOR's
control
12 3
Delays beyond OWNER'S and
CONTRACTOR's control
124
Notification of surety
105
Scope of change
10 3-10 4
Change Orders--
Acceptancel of Defective Work
13 13
Amending Contract Documents
3 5
Cash Allowances
1 ] 8
Change of Contract Price
11
Change of Contract Times .
12
Changes inithe Work
10
CONTRACTOR'S fee
116
Cost of thel Work
11 4-11 7
Cost Records
11 7
definition of
1 9
emergencies
6 23
ENGINEER's responsibility
9 8, 10 4, 11 2, 12 1
execution of
104
Indemnifiction
6 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
86, 104
Physical Conditions--
Subsurface and,
4 2
Underground Facilities--
4 3 2
Record Documents
6 19
Scope of Change
10 3-10 4
Substitutes
67 3, 6 82
Unit Price Work
11 9
value of Work, covered by
11 3
Changes in the Work . , ,
10
Notification of surety
105
OWNER's and CONTRACTOR's
responsibilities .
104
Right to an adjustment ..
102
Scope of change
10 3-10 4
Claims --
against CONTRACTOR
6 16
against ENGINEER
6 32
against OWNER
632
Change of Contract Price
9 4, 11 2
Change of Contract Times .
9 4, 12 1
CONTRACTOR's 4, 7,1,
9 4, 9 5, 9 11, 10 2,
11 2, 11
9, 12.1, 13.9, 14 8,
151, 155, 173
CONTRACTOR's Fee ..
116
CONTRACTOR's liability 5 4, 6 12, 6 16, 6 31
Cost of the Work , .. . . ... 114, 11.5
Decisions on Disputes
9 11, 9 12
Dispute Resolution
16 1
Dispute Resolution Agreement ....
16 1-16 6
ENGINEER as initial mterpretor ..
... 9 11
Lump Sum Pricing
113 2
Notice of
.... 17 3
OWNER's 9 4, 9.5, 9.11, 102, 112, 11 9
121, 139, 1313,
1314, 173
OWNER's liability
5 5
OWNER may refuse to make payment
147
Professional Fees and Court Costs
Included
175
request for formal decision on . ..
9 11
Substitute Items . . .
67 12
Time Extension
12 1
Time requirements
9 11, 12 1
Unit Price Work
11 9 3
Value of
11 3
Waiver of --on Final Payment
14 14, 14 15
Work Change Directive
102
written notice required 9 11, 11,2, 12 1
Clarifications and Interpretations
3 6 3, 9.4, 9 11
Clean Site
6 17
Codes of Technical Society, Organization
or Association
3 3 3
Commencement of Contract Times
2 3
Communications --
general
62, 692, 8 1
Hazard Communication Programs
6 22
Completion --
Final Application for Payment
14 12
Final Inspection . .
.. . 1411
Final Payment and Acceptance
14 13-14 14
Partial Utilization . . .
.. 14 10
Substantial Completion .
1.38, 14.8-14 9
Waiver of Claims
14 15
Computation of Times
17.2 1-17 2 2
Concerning Subcontractors, Suppliers
and Others .
6 8-6 11
Conferences --
initially acceptable schedules .......
.. .. 2 9
preconstruction
2 8
Conflict, Error, Ambiguity, Discrepancy --
CONTRACTOR to Report .... .
25, 3 3 2
Construction, before starting by
CONTRACTOR .. . .. ......
... 2 5-2 7
Construction Machinery, Equipment, etc.
. .. 6.4
Continuing the Work .... ......
629, 104
Contract Documents --
Amending .. ..... .............
. 3.5
Bonds . ...
.... 51
Cash Allowances .... I ... ...
, . . 11.8
EJCDC GENERALI CONDITIONS 1910-8 (1990 EDITION)
wl CITY OF FORT i COLLINS MODIFICATIONS (REV 9194)
Article or Paragraph
Number
Article or Paragraph
Number
Change of Contract Price
11
Change of Contract Times
12
Changes in the Work
10 4-10 5
check and verify
2 5
Clarifications and
Interpretations 3 2, 3 6,
9 4, 9 11
definition of .
. 1 10
ENGINEER as initial interpreter of
9 11
ENGINEER as OWNTER's representative
9 1
general
3
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
3 7
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, ENGINEER's
9 2
Contract Price --
adjustment of 3 5, 4 1, 94, 10 3, 11 2-11.3
Change of
11
Decision on Disputes
9 11
definition of
1 11
Contract Times --
adjustment of 3 5, 4 1, 9 4, 10 3, 12
Change of
12 1-12 4
Commencement of
2 3
definition of
1 12
CONTRACTOR --
Acceptance of Insurance
5 14
Communications
62, 6 92
Continue Work
629, 104
coordination and scheduling
6 9 2
definition of 1
1 13
Limited Reliance on Technical
Data Authorized
4 22
May Stop Work or Terminate
15 5
provide site access to others
72, 13 2
Safety and Protection 43 1.2, 6 16, 6 18,
.. I .. . . 6 21-6.23,
7 2, 13 2
Shop Drawing and Sample Review
Prior to Submittal . . ... ...
625
Stop Work requirements ..
45 2
CONTRACTOR's--
vi
Compensation
11 1-11 2
Continuing Obligation
14 15
Defective Work 96, 13
10-13 14
Duty to correct defective Work ..
13 11
Duty to Report --
Changes in the Work caused by
Emergency
6 23
Defects in Work of Others
73
Differing conditions
4 23
Discrepancy in Documents 2 5, 3 3 2, 6 14.2
Underground Facilities not indicated
4 3 2
Emergencies , , .
.. 623
Equipment and Machinery Rental, Cost
of the Work ... ..
11 4 5 3
Fee --Cost Plus 11 4 5 6, 11 5 1, 11.6
General Warranty and Guarantee ...
630
Hazard Communication Programs
622
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 1
5 4
Notice of Intent to Appeal
9 10, 104
obligation to perform and complete
the Work I
, 630
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 26, 2 8, 2.9, 66,
6 29, 10 4, 15 2 1
Request for Formal decision on disputes
9 11
Responsibilities-- --.
Changes in the Work ... . ...
10 I
Concerning Subcontractors, Suppliers
and Others
6 8-6 11
Continuing the Work
629, 104
CONTRACTOR'S expense
67 1
CONTRACTOR's General Warranty
and Guarantee
630
CONTRACTOR'S review prior to Shop
Drawing or Sample submittal ..
... 625
Coordination of Work
6.92
Emergencies
6 23
ENGINEER'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, 7.2,
7.3, 8 9
Hazardous Communication Programs ..
6.22
Indemnification ...
6 31-6,33
Labor, Materials and Equipment
6 3-6 5
Laws and Regulations .. ....
6,14
Liability Insurance
5 4
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
Article or Paragraph
Number
Article or Paragraph
Number
Ell
Notice of variation from Contract
Documents
627
Patent Fees and Royalties
6 12
Permits I . ..
6 13
Progress Schedule
6 6
Record Documents
6 19
related Work performed prior to
ENIGINEER's approval of required
submittals
6 28
safe structural loading
6 18
Safety and Protection 620,
7 2, 13 2
Safety Representative
6 21
Scheduling the Work
6 92
Shop Drawings and Samples
624
Shop Drawings and Samples Review
by ENGINEER
626
Site Cleanliness
6 17
Submittal Procedures
6 25
Substitute Construction Methods
and Procedures
6 7 2
Substitutes and "Or -Equal" Items
67 1
Superintendence
6 2
Supervision
6 1
Survival of Obligations
6 34
Taxes ,
6 15
Tests and Inspections
13 5
To Report .
2 5
Use of Premises 6 16-6 18,
6 30 2 4
Review Prior to Shop Drawing or
Sample Submittal
625
Right to ad)uslment for changes in the Work 102
right to claim 4, 7 1, 9 4, 9 5, 9 11,
10 2,11 2,
11 9, 12 1, 13 9, 14 8, 15 1,
15 5, 17 3
Safety and Protection 6 20-6 22, 7 2, 13 2
Safety Representative
621
Shop Drawings and Samples Submittals
6 24-6 28
Special Consultants .
11 4 4
Substitute
Construction Methods and Procedures 6 7
Substitutes
and "Or -Equal" Items,
Expense 67 1, 67 2
Subcontractors, Suppliers and Others
6 8-6 11
Supervision and Superintendence 6 1,
62, 621
Taxes, Payment by
6 15
Use of Premises
6 16-6 18
Warranties and guarantees .
65, 6.30
Warrantyof Title .. .. ..
14 3
Written Notice Required--
CONTRACTOR stop Work or terminate 15 5
Reports of Differing Subsurface
and Physical Conditions
4 2 3
Substantial Completion ..
14.8
CONTRACTORS --other .. ..
7
Contractual Liability Insurance ..
5 4 10
Contractual Time Limits
122
Coordination --
CONTRACTORS responsibility . ..... 69.2
Copies of Documents
... 22
Correction Period
13 12
Correction, Removal or Acceptance
of Defective Work--
in general 10 4
1, 13 10-13 14
Acceptance of Defective Work
13 13
Correction or Removal of
Defective Work
6 30, 13 11
Correction Period .... ..
13 12
OWNER May Correct Defective Work 13 14
OWNER May Stop Work .. ..
13 10
Cost --
of Tests and Inspections
13 4
Records
11 7
Cost of the Work --
Bonds and insurance, additional
. 11 4 5 9
Cash Discounts
114 2
CONTRACTOR's Fee
11 6
Employee Expenses
11 4 5 1
Exclusions to
11 5
General
11 4-11.5
Home office and overhead expenses
11 5
Losses and damages
11 4 5 6
Materials and equipment
114 2
Minor expenses
11 4 5 8
Payroll costs on changes
114 1
performed by Subcontractors
114 3
Records
11 7
Rentals of construction equipment
,
and machinery
11 4 5 3
Royalty payments, permits and
license fees -
1145 5
Site office and temporary facilities
.... 11 4 5 2
Special Consultants, CONTRACTOR' . 114 4
Supplemental
114 5
Taxes related to the Work
11 4 5 4
Tests and Inspection ..
13 4
Trade Discounts
114 2
Utilities, fuel and sanitary facilities
.... 11 4 5 7
Work after regular hours
114 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
,iefeetive Work --
Acceptance of ..
104 1, 13 13
Correction or Removal of
1041, 13 11
Correction Period .
13.12
in general
13, 147, 14 11
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9194)
vu
SECTION 00100
INSTRUCTIONS TO BIDDERS
M
a
t
t-
V�
LJ
Article or Paragraph
Number
Article or Paragraph
Number
Observation by ENGINEER
9 2
Responsibilities --Limitations on ,
. 9,11-9 13
OWNER May Stop Work
13 10
Review of Reports on Differing Subsurface
Prompt Notice of Defects
13 1
and Physical Conditions
4 24
Rejecting
9 6
Shop Drawings and Samples, review
Uncovering the Work
13 8
responsibility
626
Definitions
1
Status During Construction--
Delays 4 1, 6 29, 12 3-12 4
authorized variations in the Work
... 95
Delivery of Bonds
2 1
Clarifications and Interpretations ....
94
Delivery of certificates of insurance
27
Decisions on Disputes , . , ..
.. 9.11-9 12
Determinations for Unit Prices
9 10
Determinations on Unit Price
9 10
Differing Subsurface or Physical Conditions--
ENGINEER as Initial Interpreter ..
9.11-9 12
Notice of
4 2 3
ENGINEER's Responsibilities .
. 9 1-9 12
ENGINEER's Review
4 2 4
Limitations on ENGINEER's Authority
Possible Contract Documents Change
4 2 5
and Responsibilities
9 13
Itl Possible Price and Times Adjustments
4 2 6
OWNER's Representative
9 1
Discrepancies -Reporting
Project Representative
93
and Resolving 2 51 3
3 2, 6 142
Rejecting Defective Work ...
96
Dispute Resolution—
Shop Drawings, Change Orders
Agreement
16 1-16 6
and Payments
9 7-9 9
Arbitration
16 1-I6 5
Visits to Site
92
general
16
Unit Price determinations . . .
9 10
Mediation
166
Visits to Site
9 2
Dispute Resolution Agreement
16 1-16 6
Written consent required
72, 9 1
Disputes, Decisions by ENGINEER
9 11-9 12
Equipment, Labor, Materials and
6 3-6 5
Documents--
Equipment rental, Cost of the Work
11 4 5 3
Copies of
22
Equivalent Materials and Equipment
67
Record
6 19
error or omissions
633
Reuse of
3 7
Evidence of Financial Arrangements
8 11
Drawings --definition of
1 15
Explorations of physical conditions
42 1
Easements
4 1
Fee, CONTRACTOR's--Costs Plus
116
Effective date of Agreement -- definition of
1 16
Field Order --
Emergencies
623
definition of _--. ..
1 19
ENGINEER--
issued by ENGINEER ..
3 6 1, 95
as initial interpreter on disputes
9 11-9 12
Final Application for Payment
14 12
definition of ..
1 17
Final Inspection
14 11
Limitations on authority and responsibilities
9 13
Final Payment --
Replacement of,
8 2
and Acceptance
14 13-14 14
Resident Project Representative
9 3
Prior to, for cash allowances
11 8
ENGINEER's Consultant -- definition of
1 18
General Provisions ..
173-17 4
ENGINEER's—
General Requirements --
authority and responsibility, limitations on 9 13
definition of ........
120
Authorized Variations in the Work
95
principal references to 2.6, 6 4, 6 6-6 7, 6 24
Change Orders, responsibility for 97, 10, 11, 12
Giving Notice .. ......
. 17 1
Clarifications and Interpretations
3 63, 9 4
Guarantee of Work --by CONTRACTOR .
6.30, 14 12
Decisions on Disputes ..
9 11-9 12
Hazard Communication Programs .. .......
622
defective Work, notice of
13 1
Hazardous Waste --
Evaluation of Substitute Items
6 7 3
definition of
121
Liability ...
632, 9 12
general .... ...............
4.5
Notice Work is Acceptable
14 13
OWNER's responsibility for .. .....
8 10
Observations .. I . ...
6 30 2, 9 2
Indemnification . 6 12, 6 16, 6 31-6 33
OWNER's Representative
9,1
Initially Acceptable Schedules .. ...
... .. 2.9
Payments to the CONTRACTOR,
Inspection --
Responsibility for ...
99, 14
Certificates of 9 13.4,
13 5, 14 12
Recommendation of Payment
144, 14 13
Final . .........
14.11
viu
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9194)
Article or Paragraph
Number
Article or Paragraph
Number
Special, required by ENGINEER
96
Tests and Approval 8 7,
13 3-13 4
Insurance --
Acceptance of, by OWNER .
5 14
Additional, required by changes
in the Work
114 5 9
Before starting the Work
2 7
Bonds and-2 in general
5
I
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, 1412
completed operations
5 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 Appli'Ication 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
6 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
104
Contract Documents
3 1
CONTRACTOR's Responsibilities
6 14
Correction �Period, defective Work
13 12
Cost of the Work, taxes ..
11 4 54
definition of ..... ..
1 22
general
6 14
Indemnification
6 31-6 33
Insurance * ..
5 3
Precedence
3 1, 3 3 3
Reference to .
3 3 1
Safety andiProtection
6 20, 13 2
Subcontractors, Suppliers and Others
6 8-6 11
Tests and Inspections . . .. .......... 13 5
Use of Premises
6 16
Visits to Site
92
Liability Insurance--
CONTRACTOR's
54
OWNER's
5 5
Licensed Sureties and Insurers
5 3
Liens --
Application for Progress Payment
142
CONTRACTOR's Warranty of Title
143
Final Application for Payment ..... . ....
14 12
definition of
123
Waiver of Claims
14 15
Limitations on ENGINEER's authority and
responsibilities
9 13
Limited Reliance by CONTRACTOR
Authorized
42 2
Maintenance and Operating Manuals --
Final Application for Payment . .. .....
. 14 12
Manuals (of others) --
Precedence ..... , . ,
, 3.3 3 1
Reference to in Contract Documents ..
3 3 1
Materials and equipment --
furnished by CONTRACTOR
63
not incorporated in Work
142
Materials or equipment --equivalent
6 1
Mediation (Optional)
16 1
Milestones --definition of
1 24
Miscellaneous --
Computation of Times
17 2
Cumulative Remedies
17.4
Giving Notice
17 1
Notice of Claim
17 3
Professional Fees and Court Costs Included
.. 17
Multi -prime contracts
7
Not Shown or Indicated
4 3 2
Notice of --
Acceptability of Project
14 13
Award, definition of ..
1 2-`
Claim
17 3
Defects, ... .....
131
Differing Subsurface or Physical Conditions
4,2 3
Giving
17.1
Tests and Inspections ... .. . .......
13 3
Variation, Shop Drawing and Sample ...
.. 627
Notice to Proceed --
definition of
126
giving of . ......
2 3
Notification to Surety .......
105
Observations, by ENGINEER ..... , .
630, 92
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 .....
5.62
Option to Replace .. .... ........
5.14
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
ix
Article or Paragraph
Number
Article or Paragraph
Number
"Or Equal" Items
67
Other work
7
Overtime Work --prohibition of
63
OWNER --
Acceptance of defective Work
13 13
appoint an ENGINEER
82
as fiduciary ,
5 12-5 13
Availability of Lands, responsibility
4 1
definition of
127
data, furnish
83
May Correct Defective Work
13 14
May refuse to make payment
147
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, requirements
6 13
purchased insurance requirements
5 6-5 10
O WNER's--
Acceptance of the Work
6 30 2 5
Change Orders, obligation to execute
86, 104
Communications
8 1
Coordination of the Work
74
Disputes, request for decision
9 11
Inspections, tests and approvals
87, 13 4
Liability Insurance
5 5
Notice of Defects
13 1
Representative --During Construction,
ENGINEER's Status
9 1
Responsibilities—
Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material
8 10
Change Orders
86
Changes in the Work
10 1
communications
8 1
CONTRACTOR's responsibilities
8 9
evidence of financial arrangements
8 11
inspections, tests and approvals
8 7
insurance
8 5
lands and easements
8 4
prompt payment by
8 3
replacement of ENGINEER
8 2
reports and tests
8 4
stop or suspend Work 88, 13.10, 15 1
terminate CONTRACTOR's
services
8 8, 152
separate representative at site
9 3
testing, independent ..
13 4
use or occupancy
of the Work 5.15, 6 30
2 4, 14 10
written consent or approval
required .. 9 1,
6 3, 11 4
written notice required
7 1, 94, 9 11,
11 2, 11
9, 14 7, 15 4
PCBs --
definition of
129
general
4 5
OWNER's responsibility for
8 10
Partial Utilization --
definition of
128
general 6 30 2 4, 14 10
Property Insurance
5 15
Patent Fees and Royalties
6 12
Payment Bonds
5 1-5 2
Payments, Recommendation of 14 4-14 7, 14 13
Payments to CONTRACTOR and Completion --
Application for Progress Payments
14 2
CONTRACTOR's Warranty of Title
14 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
Retamage
14 2
Review of Applications for
Progress Payments
14 4-14 7
prompt payment
8 3
Schedule of Values
14 1
Substantial Completion
14 8-14 9
Waiver of Claims
14 15
when payments due
144, 14 13
withholding payment
14 7
Performance Bonds
5 1-5 2
Permits - . ..
6 13
Petroleum --
definition of
1.30
general
4 5
OWNER's responsibility for
8 10
Physical Conditions --
Drawings of, in or relating to
4 2 1 2
ENGINEER's review
4 2 4
existing structures
4 2 2
general 4 2 1 2
Notice of Differing Subsurface or,
4 2 3
Possible Contract Documents Change
4 2 5
Possible Price and Times Adjustments
4 2 6
Reports and Drawings ....
.... 42 1
Subsurface and,
4 2
Subsurface Conditions
42 1 1
Technical Data, Limited Reliance by
CONTRACTOR Authorized .. .....
. 42.2
Underground Facilities --
general . .. ..
.... 4 3
Not Shown or Indicated ...........
4.3 2
Protection of
. 43,620
Shown or Indicated .........
... 43.1
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
x w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9194)
Article or Paragraph
Number
Article or Paragraph
Number
Technical Data
4 2 2
Preconstruction Conference
2 8
Preliminary Matters
2
Preliminary Schedules
26
Premises, Use of ..
6 16-6 18
Price, Change of Contract
11
Price, Contract -;definition of
1 11
Progress Payment, Applications for
14 2
Progress Payment--retainage .
14 2
Progress schedule, CONTRACTOR's 26,
2 8, 29,
,....I.... 66,629, 104,
1521
Project --definition of
1 31
Project Representative--
ENGINEER's Status During Construction
9 3
Project Representative, Resident --definition of
133
prompt payment by OWNER
K3
Property Insurance --
Additional
5 7
general .
5 6-5 10
Partial Utilization 5
15, 14 10 2
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
132
general 1
4.5
OWNER's responsibility for
8 10
Recommendation of Payment 14 4,
14 5, 14 13
Record Documents
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
96
Related Work -
at Site
7 1-7 3
Performedlprior to Shop Drawings
and Samples submittals review
628
Remedies, cumulative ..
174, 17 5
Removal or Correction of Defective Work
13 11
rental agreements, OWNER approval required
11 4 5 3
replacement ofIENGINEER, by OWNER
8 2
Reporting and Resolving
Discrepancies . .. .... ... 2 5, 3
3 2, 6 14 2
Reports --
and Drawings .. .. .......
42 1
and Tests, iOWNER's responsibility ..
8 4
Resident and Project Representative --
definition of ..
1 33
provision for
9 3
Resident Superintendent, CONTRACTOR's
.. 62
Responsibilities—
CONTRACTOR's-in general
6
ENGINEER's-in general ..
9
Limitations on
9 13
OWNER's-in general
, 8
Retainage
142
Reuse of Documents ...
.... 3 7
Review by CONTRACTOR Shop Drawings
and Samples Prior to Submittal
6 25
Review of Applications for
Progress Payments
14 4-14 7
Right to an adjustment
102
Rights of Way
4 1
Royalties, Patent Fees and
6 12
Safe Structural Loading
6 18
Safety --
and Protection
4 3 2, 6 16, 6 18,
6
20-6 21, 7 2, 13 2
general
6 20-6 23
Representative, CONTRACTOR's
6 21
Samples --
definition of
1 34
general
6 24-6 28
Review by CONTRACTOR
6 25
Review by ENGINEER
626, 627
related Work
6 28
submittal of
6 24 2
submittal procedures
6 25
Schedule of progress
2 6, 2 8-2 9,6 6,
629, 104, 1521
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 -'
66
Change of Contract Times ...
.... 10.4
Initially Acceptable
.... . 2 8, 2.9
Preliminary
26
Scope of Changes
10 3-10 4
Subsurface Conditions
42 11
Shop Drawings --
and Samples, general
6 24-6 28
Change Orders & Applications for
Payments, and ...... ......
... 9 7-9 9
definition of
1.35
ENGINEER's approval of ..... ..
3,62
ENGINEER's responsibility
for review I ....
9 7, 6.24-6 28
related Work . . ....... .......
.. 6 28
review procedures
2.8, 6 24-6.28
submittal required ..
624 1
Submittal Procedures .............
.... 625
use to approve substitutions . , ..
.... . 6.73
Shown or Indicated ... ........
.. .... 4.3.1
Site Access
72, 132
E]CDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
xi
Article or Paragraph
Number
Article or Paragraph
Number
Site Cleanliness
6 17
Limited Reliance by CONTRACTOR
Site, Visits to--
Authorized . .....
..... 4 2 2
by ENGINEER
92, 13 2
Notice of Differing Subsurface or
by others
13 2
Physical Conditions
4 2 3
"special causes of loss" policy form,
Physical Conditions
4 2 1.2
insurance
5 6 2
Possible Contract Documents Change ..
4.2.5
definition of ..
1 36
Possible Price and Times Adjustments
4 2.6
Specifications--
Reports and Drawings ... ... ......
4 2,1
defrnation of
1 36
Subsurface and . . ...... ......
4 2
of Technical Societies, reference to
3 3 1
Subsurface Conditions at the Site .......
4.2.I 1
precedence
3 3 3
Technical Data
42.2
Standards and Specifications
Supervision --
of Technical Societies .
3 3
CONTRACTOR's responsibility . .......
. 6 1
Starting Construction, Before
2 5-2 8
OWNER shall not supervise ...
8 9
Starting the Work
2 4
ENGINEER shall not supervise
9 2, 9 13 2
Stop or Suspend Work--
Superintendence . ........
6.2
by CONTRACTOR
15 5
Superintendent, CONTRACTOR's resident
.. . 62
by OWNER 88, 13 10, 15 1
Supplemental costs
11 4 5
Storage of materials and equipment
4 1, 7 2
Supplementary Conditions --
Structural Loading, Safety
6 18
definition of
1 39
Subcontractor--
principal references to 1 10, 1
18, 22, 27,
Concerning,
6 8-6 11
4 2, 4 3, 5 1, 5 3,
5 4, 5.6-5 9,
definition of
137
5 11, 6 8, 6 13, 7 4, 8 11, 93, 9 10
delays
12 3
Supplementing Contract Documents
3.6
waiver of rights . ,
6 11
Supplier—
Subcontractors--m general
6 8-6 11
definition of
1 40
Subcontracts --required provisions 5 11, 6
11, 11 4 3
principal references to 3 7, 6 5, 6 8-6 11, 620,
Submittals--
6 24, 9 13, 14 12
Applications for Payment
14 2
Waiver of Rights
6 11
Maintenance and Operation Manuals
14 12
Surety --
Procedures
6 25
consent to final payment
14 12, 14 14
Progress Schedules
2 6, 2 9
ENGINEER has no duty to ___
9 13
Samples
6 24-6 28
Notification of 10 1, 10 5, 15 2
Schedule of Values
26, 14 1
qualification of
5 1-5 3
Schedule of Shop Drawings and Samples
Survival of Obligations
634
Submissions 2
6, 2 8-2 9
Suspend Work, OWNER May
13.10, 15 1
Shop Drawings
6 24-6 28
Suspension of Work and Termination--
15
Substantial Completion--
CONTRACTOR May Stop Work
certification of 6 30 2 3,
14 8-14 9
or Terminate
15 5
definition of
1 38
OWNER May Suspend Work
15 1
Substitute Construction Methods or Procedures
6 7 2
OWNER May Terminate
15 2-15.4
Substitutes and "Or Equal" Items
67
Taxes --Payment by CONTRACTOR ....
6.15
CONTRACTOR's Expense
67 13
Technical Data--
ENGINEER's Evaluation
6.7 3
Limited Reliance by CONTRACTOR
.... 4.22
"Or -Equal"
67 11
Possible Price and Times Adjustments
4.2 6
Substitute Construction Methods
Reports of Differing Subsurface and
or Procedures .... ... . ... ..
6 7 2
Physical Conditions ... .. ....
... 4.23
Substitute Items
6.7 12
Temporary construction facilities
4 1
Subsurface and Physical Conditions--
Termination—
Drawings of, in or relating to
4 2 12
by CONTRACTOR
15.5
ENGINEER's Review
4 2.4
by OWNER ..
88, 15,1-15 4
general
42
of ENGINEER's employment . .....
8 2
Suspension of Work-in general
15
Terms and Adjectives .. . .. ..
...... 3 4
xii
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
eArticle
or Paragraph
Article or Paragraph
Number
Number
Tests and Inspections--
Warranty of Title, CONfRACTOR's
143
Access to the Work, by others
13 2
Work--
CONIRACTOR's responsibilities . 13 5
Access to
13 2
cost of ..
13 4
by others, ..
7
covering Work prior to
13 6-13 7
Changes in the ......
10
Laws and Regulations (or)
13 5
Continuing the,
629
Notice of Defects
13 1
CONTRACTOR May Stop Work
OWNER May Stop Work
13 10
or Terminate
155
OWNER's independent testing
13 4
Coordination of
74
special, required by ENGINEER
timely notice required
96
13 4
Cost of the,
definition of ....
11 4-11 5
........ 143
Uncovering the Work, at ENGINEER's
neglected by CONTRACTOR
13 14
request ....
Times--
13 8-13 9
other Work
OWNER May Stop Work
:. 7
13.10
Adjusting
66
OWNER May Suspend Work
13 10, 15 1
Change of Contract
12
Related, Work at Site
7 1-7 3
Computation of
172
Starting the,
1 2 4
Contract Times --definition of
1 12
Stopping by CONTRACTOR
15 5
day
17 22
Stopping by OWNER
15 1-15 4
Milestones
12
Variation and deviation authorized,
minor 3 6
Requirements--
Work Change Directive --
appeals
9 10, 16
claims pursuant to
102
clarifications,
definition of
144
claims and disputes
9 11, 112, 12
principal references to
3 5 3, 10 1-10 2
Commencement of Contract
Times 2 3
Written Amendment--
Preconstruction Conference
2 8
definition of
1 45
schedules
2 6, 2 9, 6 6
principal references to 1 10,3 5, 5 10,15 12,
Starting the Work
2 4
6 6 2, 6
8 2, 6 19, 10 1, 10 4,
Title, Warranty of
14 3
11 2,
12.1, 13 12 2, 14 7 2
Uncovering Work
13 8-13 9
Written Clarifications and
Underground Facilities, Physical Conditions--
Interpretations
3 6 3, 9 4, 9 11
definition of
1 41
Written Notice Required --
Not Shown or Indicated
4 3 2
by CONTRACTOR
, 7 1, 9 10-9 11,
protection of
4 3, 6 20
.:::
10 4, 11 2, 12 1
Shown or Indicated
4 3 1
by OWNER 9 10-9
11, 10 4, 11 2, 13 14
Unit Price Work --
claims
11 9 3
definition of .. ...
1 42
general
11 9, 14 1, 14 5
®
Unit Prices --
general
11 3 1
Determination for
9 10
Use of Premises ..
6 16, 6 18, 6 30 2 4
Utility owners ..... 6 13,
6 20, 7 1-7.3, 13 2
Utilization, Partial . ... 1 28,
5 15, 6 30 2 4, 14 10
Value of the Work ..
113
Values, Schedule of .
2 6, 2 8-2 9, 14 1
Variations in Work--Mmor
Authonzed
6.25, 6 27, 9 5
Visits to Site --by ENGINEER
:.
92
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
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
xui
(This page left blank intentionally)
EJCDC GENERAL CONDITIONS 1910.8 (1990 EDITION)
xry w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9194)
GENERAL CONDITIONS
ARTICLE 1--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 A ddenda--Written or graphic instruments issued
prior to the opening of Bids which clarify, correct or
change the Bidding Requirements or the Contract
Documents
12 A greem ent--Thewritten 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
16 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)
17 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
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
1 11 Contract Price --The moneys payable by OWNER
to CONTRACTOR for completion of the Work in
accordance with the Contract Documents as stated in the
Agreement (subject to the provisions of paragraph 11 9 1
in the case of Unit Price Work)
1 12 Contract Times --The numbers of days or the dates
stated in the Agreement (i) to achieve Substantial
Completion, and (it) to complete the Work so that it is
ready for final payment as evidenced by ENGINEER's
written recommendation of final payment in accordance
with paragraph 14 13
1 13 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.
117 ENGINEER --The person, firm or corporation
named as such in the Agreement.
118 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.
119 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
EJCDC GENERAL CONDFFIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
1 20 General Requirements --Sections of Division 1 of
the Specifications
of 1954 (42 USC Section 2011 et seq) as amended from
time to time
121 Hazardous Waste --The term Hazardous Waste shall
have the meaning provided in Section 1004 of the Solid
Waste Disposal Act (42 USC Section 6903) as amended
from time to time
122 a Laws and Regulations, Laws orRegulations--Any
and all applicable laws, rules, regulations, ordinances,
codes and orders of any and all governmental bodies,
agencies, authorities and courts having jurisdiction
1 22 b Legal Holidays --shall be those holidays
observed by the City of Fort Collins
123 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
125 Notice of,4 ward --A written notice by OWNER to
the apparent successful bidder stating that upon
compliance by the apparent successful bidder with the
conditions precedent enurrtrated 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
127 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
128 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
129 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
1 32 b Regular Working Hours --Regular working hours
are defined as 7 00am to 6 OOpm unless otherwise
specified in the General Requirements
l 33 Resident Project Representative --The authorized
representative of ENGINEER who may be assigned to the
site or any part thereof
134 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
135 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
136 Specirications--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--,A.n 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 ENGRN'EER 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
139 Supplementary Conditions --The part of the
Contract Documents which amends or supplements these
General Conditions
140 Supplier --A manufacturer, fabricator, supplier,
distributor, materialman or vendor having a direct contract
with CONTRACTOR or with any Subcontractor to fumish
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 fumish any of the following services or
materials- electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
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.
143 Work --The entire completed construction or the
various separately identifiable parts thereof required to be
furnished under the Contract Documents Work includes
and is the result of performing or furnishing labor and
furnishing and incorporating materials and equipment into
the construction, and performing or fumishing 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 paragraph 4 2 or 4 3 or to
emergencies under paragraph 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 Amendment --A written amendment of the
Contract Documents, signed by OWNER and
CONTRACTOR on or after the Effective Date of the
Agreement and normally dealing with the nonengmeering
or nontechnical rather than strictly construction -related
aspects of the Contract Documents
ARTICLE 2--PRELIlVIINARY MATTERS
Delivery of Bonds:
21 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.
22 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
Conunencement 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,
if a Notice to Proceed is given, on the day indicated in
the Notice to Proceed A Notice to Proceed may be given
at any time within thirty days after the Effective Date of
the Agreement in RA evert • ill the r^n._R,t Timm _
eefFJHefi00t^z 1 la eF '_� a;; the SiNtleth E185 R r
41;id opening ..i e thirtieth da r.^_ .t ^err,.......,, ]D .
Starting the Work:
24 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 part of the Work,
CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent figures
shown thereon and all applicable field measurements
CONTRACTOR shall promptly report in writing to
ENGINEER any 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
26 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 62 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 Engineer
2 6 3 A preliminary schedule of values for all of the
Work which will include quantities and prices of
items aggregating the Contract Price and will
subdivide the Work into component parts in sufficient
detail to serve as the basis for progress payments
during construction Such prices will include an
appropriate amount of overhead and profit applicable
to each item of Work
27. Before any Work at the site is started,
CONTRACTOR and QV44E shall eaoh deliver to the
eEher OWNER, with copies to egeh. ,,,iditie t 'HISHF8a
a . in ^^r>; ENGINEER,
certificates of insurance (and other evidence of insurance
EJCDC GENERAL CONDITIONS 1910-5 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
3
No Text
reasena>31y— regaest requested by 0WNERi which
CONTRACTOR and ^iin.rco respeetive!5 ^-^ is required
to purchase and maintain in accordance with
paragraphs 5 4, 5 6 and 5 7.
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, t ten Elays i...r. s4fnission of tho r.Fst
^ ppiieatien fef Payment before any work at the site
begins, a conference attended by CONTRACTOR,
.GINEER and others as appregraate designated by
NNER, will be held to review for acceptability to
LNGINEER as provided below the schedules submitted in
accordance with paragraph 2 6 and Division I - 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 Times, but such
acceptance will neither impose on ENGINEER
responsibility for the sequencing, scheduling or progress
of the Work nor interfere with or relieve CONTRACTOR
from CONTRACTOR's full responsibility therefor
CONTRACTOR's schedule of Shop Drawing and Sample
submissions will be acceptable to ENGINEER as
providing a workable arrangement for reviewing and
processing the required submittals CONTRACTOR's
schedule of values will be acceptable to ENGINEER as to
form and substance
ARTICLE 3--CONTRACT DOCUMENTS: INTENT,
AMLNDING, 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
32 It is the intent of the Contract Documents to
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 supplement to
the Contract Documents has been issued by one of the
methods indicated in paragraph 3 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 1 the provisions of any such standard,
specification, manual, code or instruction (whether
or not specifically incorporated by reference in the
Contract Documents); or
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9194)
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)
3 3 4 In the event of conflicting or ambiguous
provisions within the Contract Documents,
specifications will take precedence over the drawings
and addenda will take precedence over both
Notwithstanding the foregoing. the more specific
provision will take precedence over the less specific,
the more stringent will take precedence over the less
stringent the more expensive item will take
precedence over the less expensive On all drawings,
Figures take precedence over scaled dimensions
Scalmg of dimensions if done is done at the
CONTRACTOR'S own risk
No provision of any such standard, specification, manual,
code or instruction shall be effective to change the duties
and responsibilities of OWNER, CONTRACTOR or
ENGINEER, or any of their subcontractors, consultants,
agents or employees from those 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
3 5 3 a Work Change Directive (pursuant to
paragraph 10 1).
3 6 In addition, the requirements of the Contract
Documents may be supplemented, and minor variations
and deviations in the Work may be authorized, in one or
more of the following ways
3 6 1 A Field Order (pursuant to paragraph 9 5),
3 6 2 ENGINEER's approval of a Shop Drawing or
Sample (pursuant to paragraphs 6 26 and 6 27), or
3 6 3 ENGINEER's written interpretation or
clarification (pursuant to paragraph 9 4)
Reuse of Documents,
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 OV67NER (i) shall not have or acquire any
title to or ownership rights in any of the Drawings,
Specifications or other documents (or copies of any
thereof) prepared by or bearing the seal of ENGINEER or
ENGINEER's Consultant, and (it) shall not reuse any of
such Drawings, Specifications, other documents or copies
on extensions of the Project or any other project without
written consent of OWNER and ENGINEER and specific
written verification or adaptation by ENGINEER
ARTICLE 4--AVAILABILITY OF LANDS;
SUBSURFACE AiND 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
performed, rights -of -way and easements for access thereto,
and such other lands which are designated for the use of
CONTRACTOR Upon reasonable
011II,rgp ..1gll fi h C-Ql , R ACTOR h
s'"'�„M',^xt-^oxr-rees;d-regal title and legal deseF r i, «' r
bra
BeGefdanee
Laws and Reguiatiens
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 furnishing these lands, rights -of -
way or easements, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12.
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9194)
5
CONTRACTOR shall provide for all additional lands and
access thereto that may be required for temporary
construction facilities or storage of materials and
equipment
4.1. Subsurface and Physical Conditions:
42 I Repons and Drawings: Reference is made to
the Supplementary Conditions for identification of
4 2 1 1 Subsurface Conditions, Those reports of
explorations and tests of subsurface conditions at
or contiguous to the site that have been utilized by
ENGINEER in preparing the Contract Documents,
and
4 2 1 2 Physical Conditions: Those drawings of
physical conditions in or relating to existing
surface or subsurface 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 CONTRACTOR
Authorized, 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 2 2 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
4 2 3 1 is of such a nature as to establish that any
"technical data" on which CONTRACTOR is
entitled to rely as provided in paragraphs 4 2 1 and
4.2 2 is materially inaccurate, or
4 2.3 2 is of such a nature as to require a change
in the Contract Documents, or
6
4 2 3 3 differs matenally from that shown or
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, prafnptly immediately after
becoming aware thereof and before further disturbing
conditions affected thereby or performing any Work in
connection therewith (except in an emergency as
permitted by paragraph 6 23), notify OWNER and
ENGINEER in wntmg 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 Adjustments An
equitable adjustment in the Contract Price or in the
Contract Times, or both, will be allowed to the extent
that the existence of such uncovered or revealed
condition causes an increase— or decrease in
CONTRACTOR's cost of, or time required for
performance of, the Work; subject, however, to the
following
4 2 6 1 such condition must meet any one or
more of the categories described in
paragraphs 4 2 3 1 through 4 2.3 4, inclusive,
4 2 6 2 a change in the Contract Documents
pursuant to paragraph 4 2 5 will not be an
automatic authorization of nor a condition
precedent to entitlement to any such adjustment;
4 2 6 3 with respect to Work that is paid for on a
Unit Price Basis, any adjustment in Contract Price
will be subject to the provisions of
paragraphs 9 10 and 11.9, and
4 2 6 4, CONTRACTOR shall not be entitled to
any adjustment in the Contract Price or Times if;
4264 1 CONTRACTOR knew of the
existence of such conditions at the time
CONTRACTOR made a final commitment to
OWNER to respect of Contract Price and
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
a Contract Times by the submission of a bid or
becoming bound under a negotiated contract,
or
4 2 6 4 2 the existence of such condition
could reasonably have been discovered or
revealed as a result of any examination,
investigation, exploration, test or study of the
site and contiguous areas required by the
Bidding Requirements or Contract Documents
to be conducted by or for CONTRACTOR
prior to CONTRACTOR's making such final
commitment, or
4 2 6 4 3 CONTRACTOR failed to give the
written notice within the time and as required
by paragraph 4 2 3
If OWNER and CONTRACTOR are unable to agree on
entitlement to or as to the amount or length of any such
equitable adjustment in the Contract Price or Contract
Times, a claim may be made therefor as provided in
Articles 11 and 12 However, OWNER, ENGINEER and
ENGINEER's Consultants shall not be liable to
CONTRACTOR for any claims, costs, losses or damages
sustained by CONTRACTOR on or in connection with
® any other project or anticipated project
4.3. Physical Conditions --Underground Facilities:
4 3 1 Shown or -Indicated The information and data
shown or indicated in the Contract Documents with
respect to existing Underground Facilities at or
contiguous to the site is based on information and data
furnished to OWNER or ENGINEER by the owners of
such Underground Facilities or by others Unless it is
otherwise expressly provided in the Supplementary
Conditions
4 3 1 1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of
any such information or data; and
4 3 1 2 The cost of all of the following will be
included in the Contract Price and
CONTRACTOR shall have full responsibility for
(i) reviewing and checking all such information
and data, (n) locating all Underground Facilities
shown or indicated in the Contract
Documents,(ui) 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, PratiaPtlj
immediately after becoming aware thereof and before
further disturbing conditions affected thereby or
performing any Work in connection therewith (except
in an emergency as required by paragraph 6 23),
identify the owner of such Underground Facility and
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
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 paragraph 6 20
CONTRACTOR alien 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 11 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:
44 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, Petroleumn, 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.
7
4 3—If trr , eee
rnTTTD A rTnD dees e( agree to resume-
agree-te-resuFne qi.iph WI t- idngef sueh special
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\r/aSW D di M 1 Fed?
Favealeg at the site -
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 Bonds as are
required by the Supplementary Conditions. All Bonds
shall be in the form prescribed by the Contract Documents
except as provided otherwise by Laws or Regulations and
shall be executed by such sureties as are named in the
current list of "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in
Circular 570 (amended) by the Audit Staff, Bureau of
Government Financial Operations, US Treasury
Department All Bonds signed by an agent must be
accompanied by a certified copy of such agent's authority
to act
5 2 If the surety on any Bond furnished by
CONTRACTOR is declared a bankrupt or becomes
insolvent or its right to do business is terminated in any
state where any part of the Project is located or it ceases
to meet the requirements of paragraph 5 1,
CONTRACTOR shall within ten days thereafter substitute
another Bond and surety, both of which must be
acceptable to OWNER
5.3 Licensed Sureties and Insurers; 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 Supplementar; Conditions
5 3 2 CONTRACTOR shall deliver to OWNER,
with copies to each additional insured identified in the
Supplementary Conditions, certificates of insurance
(and other evidence of insurance requested by
OWNER or any other additional insured) which
CONTRACTOR is required to purchase and maintain
in accordance with paragraph 5 4. ^`I'"o .��hall
additienal insured- id-entified
in the uP(an
d7`'enta
t h d._
e
e-id8fl6e-0f-3RSHfia'i36e-r'vc
b) !`T-wnr4P ACTOR
. Rdd7.e.d.n
Al .., f ieh /1II71. E
ef-e AthA.
-•-�J
Kd)
0d-i0-priiBi3856
paragraphs 5 G and
iViili
5 9 hared f
EJCDC GENERAL CONDITIONS 1910-8 (1990 Editmn)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
CONTRACTOR'S Liability Insurance:
5 4 CONTRACTOR shall purchase and maintain such
liability and other insurance as is appropriate for the Work
being performed and furnished and as will provide
protection from claims set forth below which may arise
out of or result from CONTRACTOR's performance and
furnishing of the Work and 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 tiny 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 42. claims for damages because of bodily injury,
occupational sickness or disease, or death of
CONTRACTOR's employees,
5 4 3 claims for damages because of bodily injury,
sickness or disease, or death of any person other than
CONTRACTOR's employees,
5 4 4 f__ "dam
el -Rims
- ins -Fed ^tw-spa?
ha t, i h e ..9FA,
. co directly
(`(1T.TTD Ar'Tr�D f (i jvr-8Ry ,fo!F any
5 4 5 claims for damages, other than to the Work
M
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,
54 9 include completed operations insurance,
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
furnish OWNER and each other additional insured
identified in the Supplementary Conditions to whom
a certificate of insurance has been issued evidence
satisfactory to OWNER and any such additional
insured of continuation of such insurance at final
payment and one year thereafter)
OWNER'S 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:
56 �TnleSS�c eWr ise Pro+�clsev in the ippleii}6AF8fj
W,S:i-ie-»Ge Upon -the_,Aloft..-vrzc-mot the sitii3-th-afRountt of th
full =eplacement eest thef:eec_is..bje,...,, , eh dedidotible
Provided in th
conditions qu,+e4* Laws and A��•,t„� ` Tt.
ii?sWaxee sksll- —�
3-6 tT—insl�i—the interesFs e€ 9Rq+i�;
r'^�'T�^n-T--^off--SubeenFraeters, E1'iC-Il`i-F�;
D�Tnn rcD Cn fl .ltan.. and any Othff rEGFIS B
s 4dPF]FT;0difi tho-Siiggleriten" Genditiefie,_
each 9€-iK119i�i�-depme•io,rxcv-te hFi ve-&n ire�hlp intoFwF
ional insured,
3 6 2 be o 'la n' t n
insuFanee for Yh 'Sical less OF
J
darnagg-te-thg_�Zgrjr-teiiipgrgr��;-ta.,.b., c..t..,.. v
6
ainst at leas
, e8FthqH8ke,
1 EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
enfereernent of Laws and
and such ether perils as fna3 speeivfioai!-Fi`giifed
b7
iiflelude Ffed in the ai.-�
1 d to f And ahafgea of engfneef:s_a,n
afehiteets,
No
..'
5-•i Q\I1'/Ml; shell .. .ehee and .Ah hd..le.
and -r aehiinep,
as-niai P iiB�-�V- 3e C ,••• ioimm$rr f` •,-cvT*Crtivi'so'z
Lawsr ad -Regulations y h.eh .P ill ,..eluda-the rstc`*'eSty-vf
(\1i7A D rnhiTD A('TlID C L 1 Ez\;CJP;TL 'D
0
�1PT!"TTT'C'CDt C-An , It Ants ...7 -anyot�Y`' �
,.1e.,t.rea .., C-ena steeh
F.. h,.... . eve.. ed to Le.... 1.1 t t ,, d ,.hAll
--i3--&A i opaliaias of--insu'F'a-nee (and --tl?0epFlifi6-a-t68
EH�-OtheT--O�t�'HB0-�e-�HFO'h85ed'_�-fid
mainta
Red h QVD in a Go A--Fdail.GeWith ..lie -5-4
Y g e
,] G ? it Qeflt ain d .,t thAt the
Y
FEAiSlon OF OR---
PRFPRIIPd OF ete.,ell.,
aha-iged of r=........1 ._F„eed Until _t le ,.t el.,'rPe,4g �
.t�zi—n�� has b ... _ __(WAE. R and
C-9NTRACTOR d te k etheF add- Iifl-qufeci-44)
..hRm- roi-i r}€}eatC$fz-n5vr-c'.-Frw has been d7 and will
eentain V83\erlsfens iR AQAArdAnPP— }th
2'ara�+-vprrrrr
5 9 OWNER shall not be responsible for purchasing
and maintaining any property insurance to protect the
interests of CONTRACTOR, Subcontractors or others to
t4eUrrrl< to the e?c-tent of an)
deduetib}e a oa to mt a,=
boffie--ly
or�Dnr�lJ
Y .. ■.
MIN
. .. _• .
10
._ • ._
--------------
---------------------
5
less
Y. '> of US
—te
T—or—the I.W9 L PAURP.7 1. of .ed I.. n11q-- ER' an
ld.r.. Of
dl.....e d.A_tB--�h9-96}itp•1•Bi9�
FESUI(Ingc fiH
by-4ny pfopeFE)—insuianea maintainedan
h
OWNER
during partial atilizatten—pursuant to
pffagrieph 14 In ef4ef: c..t..taat:..l r,,Mplet.__
p4F&He*"e Y.. ph 14 9 A after final Payment
pursuant to paragraph 1 A 11
oo- ...0 ay —loss, canmge or eonsequential,wv
re.offed to in this Paizagraph 5 11 2 ..hell Contain
le the eff t h th r C
Y' ., r J
any s„ehwh less, daniage of ...mom the
againstany-4
rnw1TD A 6TGR, 9ul3eentFaetere, ENG4;EER
.,ra„Are a..,,,,.A
empleyeas anj of-tham
E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
Receipt and Application 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 any money so received, and shall distribute it in
accordance with such agreement as the parties in interest
may Ireach If no other special agreement is reached the
damaged Work shall be repaired or replaced, the moneys
so received applied on account thereof and the Work and
the cost thereof covered by an appropriate Change Order
or Written Amendment.
5 13 OWNER as fiduciary shall have power to adjust
and Isettle 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 loss with the insurers and, - writing
A c epianee of Bonds and Insurance; Option to Replace:
5 14 If eithor party
OWNER has any objection to the coverage afforded by or
ocher provisions of the Rends a insurance required to be
purchased and maintained by the ethef—=pa-FOr
CONTRACTOR in accordance with Article 5 on the basis
of 'non-conformance with the Contract Documents, the
ObjPGtifigPa, ; Shall se—aetil ilia etother—paw; OWNER
da,�wit notify CONTRACTOR in writing within tan fifteen
raeefpt delivery of the certificates few ethef
ei decree—TeqtPoa to OWNER as required by
paragraph 2 7 GIXWEo a rnirTyn ArTQ ghR11
'itLPF
gpfty A,..,,. Bet ..,,...hasp o .Main all ofthe
fageifed of ..ueh pa --by—the
,.hall fieti�-the-ethe
... ., .4..... ,.0 ,. eh F6.1. ffe-te-Pufuhas 7p 1af4a4he
stem
of the of of �lafe tee io
oha-nge-in the FequiFed ,.,..,.._ago Without pfejudiae
othert or _. other per-tj -may elect to
Partial Utilization --Property Insurance:
5 115 If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial
Completion of all the Work, such use or occupancy may
be I 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 necess
providing the property is
endorsement on the policy
insurance shall not be canct
account of any such partial
ARTICLE 6--CONTRA
Supervision and Sup
61 CONTRACTORsha
the Work competently anc
attention thereto and applyin
may be necessary to perform
the Contract Documents C(
responsible for the means, mi
and procedures of constructs,
not be responsible for the
design or specification of
technique, sequence or proi,e
shown or indicated in anc
Contract Documents
responsible to see that the
accurately with the Contrac,.
62 CONTRACTORs'
times during its progi
superintendent, who shall r
notice to OWNER and
extraordinary circumstance
CONTRACTOR's represen
authority to act on beha
communications to the sup
as if given to CONTRACI
Labor, Materials and
63 CONTRACTORsh
qualified personnel to sury
Work as required by
CONTRACTOR shall at all
and order at the site Excep
safety or protection of persc
the site or adjacent there
indicated in the Contract D
shall be performed during
CONTRACTOR will not I
performance of Work on S
holiday without OWNER's
prior written notice to ENGI
64 Unless otherwise
Requirements, CONTRAC
full responsibility for all
transportation, constructio
tools, appliances, fuel, pow
sanitary facilities, tempo
ted thereby The insurers
trance shall consent by
policies, but the property
!d or permitted to lapse on
e or occupancy.
'S RESPONSIBILTTIFS
l supervise, inspect and direct
efficiently, devoting such
i such skills and expertise as
the Work in accordance with
NTRACTOR shall be solely
thods, techniques, sequences
n, but CONTRACTOR shall
aegligence of others in the
a specific means, method,
lure of construction which is
expressly required by the
'ONTRACTOR shall be
completed Work complies
Documents
.11 keep on the Work at all
ss a competent resident
t be replaced without written
ENGINEER except under
The superintendent will be
tive at the site and shall have
of CONTRACTOR All
intendent shall be as binding
provide competent, suitably
y, lay out and construct the
the Contract Documents
mes maintain good discipline
as otherwise required for the
is or the Work or property at
i, and except as otherwise
cuments, all Work at the site
regular working hours and
=it overtime work or the
turday, Sunday or any legal
written consent given after
specified in the General
OR shall furnish and assume
materials, equipment, labor,
equipment and machinery,
light, heat, telephone, water,
ry facilities and all other
EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) I1
facilities and incidentals necessary for the furnishing,
performance, testing, start-up and completion of the Work
64 1 Purchasing Restrictions, CONTRACTOR
must comply with the Citv's purchasing restrictions
A Cony of the resolutions are available for review in
the offices of the Purchasing and Risk Management
Division or the Citv Clerk's office
6 4 2 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 bum hazardous waste as a fuel
65 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:
66 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
66 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:
67.1 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
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 "Or -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 12 Substitute Items• I£ 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
by the resulting change, all of which will be
considered by ENGINEER in evaluating the
proposed substitute ENGINEER may require
CONTRACTOR to furnish additional data about
the proposed substitute.
12
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
6 7 13 CONTRA CTOR'sExpense All data to be
provided by CONTRACTOR in support of any
proposed "or -equal" or substitute item will be at
CONTRACTOR's expense
6 7 2 Substitute Construction Methods or
Procedures If a specific means, method, technique,
sequence or procedure of construction is shown or
indicated in and expressly required by the Contract
Documents, CONTRACTOR may furnish or utilize a
substitute means, method, technique, sequence or
procedure of construction acceptable to ENGINEER
CONTRACTOR shall submit sufficient information to
allow ENGINEER, in ENGINEER's sole discretion, to
determine that the substitute proposed is equivalent to
that expressly called for by the Contract Documents
The procedure for review by ENGINEER will be
similar to that provided in subparagraph 6 7 12
6 7 3 Engineer's Evaluation- ENGINEER will be
allowed a reasonable time within which to evaluate
each proposal or submittal made pursuant to
paragraphs 6 7 1 2 and 6 7 2. ENGINEER will be the
sole judge of acceptability No "or -equal" or substitute
will be ordered, installed or utilized without
ENGINEER's prior written acceptance which will be
evidenced by either a Change Order or an approved
ShopDrawmg OWNER may require CONTRACTOR
to furnish at CONTRACTOR's expense a special
performance guarantee or other surety with respect to
any "or -equal" or substitute ENGINEER will record
time required by ENGINEER and ENGINEER's
Consultants in evaluating substitutes proposed or
0 submitted by CONTRACTOR pursuant to paragraphs
6 7 1 2 and 6 7 2 and in making changes in the
Contract Documents (or in the provisions of any other
direct contract with OWNER for work on the Project)
occasioned thereby Whether or not ENGINEER
accepts a substitute item so proposed or submitted by
CONTRACTOR, CONTRACTOR shall reimburse
OWNER for the charges of ENGINEER and
ENGINEER's Consultants for evaluating each such
proposed substitute item
6_8. Concerning Subcontractors, Suppliers and Others:
6 8 1 CONTRACTOR shall not employ any
Subcontractor, Supplier or otherperson or organization
(including those acceptable to OWNER and
ENGINEER as indicated in paragraph 6 8 2), whether
initially or as a substitute, against whom OWNER or
ENGINEER may have reasonable objection
CONTRACTOR shall not be required to employ any
Subcontractor, Supplier or otherperson or organization
to furnish or perform any of the Work against whom
CONTRACTOR has reasonable objection
CONTRACTOR shall perform not less than 20 percent
of the Work with its own forces (that is, without
subcontracting) The 20 percent requirement shall be
understood to refer to the Work the value of which
totals not less than 20 percent of the Contract Price
6 82 I€—tlie c Genditiong Bidding
Documents require the identity of certain
Subcontractors, Suppliers or other persons or
organizations (including
principal items of mat
submitted to OWNER m
prior to the Effective
acceptance by OWNE:
who are to furnish the
or equipment) to be
to of the Agreement for
and ENGINEER, and -;
OWNER's or ENGINEER's acceptance (either in
writing or by failing to make wntten objection thereto
by the date indicated foi acceptance or objection in
the bidding documents of the Contract Documents) 9
ENGINEER No
ENGINEER of any
other person or organ
of any right of Olii
defective Work
6.9.
will
eptance by OWNER or
Subcontractor, Supplier or
in shall constitute a waiver
or ENGINEER to reject
6 9 1 CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions
of the Subcontractors, Suppliers and other persons and
organizations performing or furnishing any of the
Work under a direct or indirect contract with
CONTRACTOR just as CONTRACTOR is
responsible for CONTRACTOR's own acts and
omissions Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor,
Supplier or other person or organization any
contractual relationship between OWNER or
ENGINEER and any such Subcontractor, Supplier or
other person or organization, nor shall it create any
obligation on the part of OWNER or ENGINEER to
pay or to see to the payment of any moneys due any
such Subcontractor, Supplier or other person or
organization except as may otherwise be required by
Laws and Regulations OWNER or ENGINEER may
692 CONTRACT(
for scheduling and
Subcontractors, Supp
organizations perforrr
Work under a direr
CONTRACTOR. CC
Subcontractors, Suppl:
organizations perforrr
Work to communicate
CONTRACTOR.
iR shall be solely responsible
coordinating the Work of
iers and other persons and
ing or furnishing any of the
t or indirect contract with
NTRACTOR shall require all
:rs and such other persons and
ing or furnishing any of the
with the ENGINEER through
E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition)
wi CITY OF FORT COLLINS MODIFICATIONS (REV 9/94) 13