HomeMy WebLinkAbout202421 CUTLER REPAVING - CONTRACT - BID - 5502 HOT IN PLACE RECYLCING (3)H?4
Administrative Services
Purchasing Division
City of Fort Collins CITY OF FORT COLLINS
ADDENDUM No. 1
BID #5502
1 SPECIFICATIONS AND CONTRACT DOCUMENTS
Description of Bid #5502 HOT -IN -PLACE RECYCLING
OPENING DATE- May 17, 2000, 3�00p m (Our Clock)
To all prospective bidders under the specifications and contract documents described above, the
following changes are hereby made
1. OPENING DATE CHANGED: from May 17, 2000 to May 19, 2000, 3:00p.m. (Our Clock)
2 Change the working days from 12 workings days to 15 working days
3 In the general Requirements page 1 of 13 Section 1.1 Paragraph "A" change the sentence that
reads "A single machine that heats , scarifies, recycles, and spreads virgin material all in one
1 continuous pass shall be used " to the following "A City approved operation that heats , scarifies,
recycles, and spreads virgin material in one continuous pass shall be used
1
RECEIPT OF THIS, ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT
ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED.
1 256 W Mountain Avenue • PO Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 ° FAX (970) 221-6707
S. The Plan Room, 2176 South Jasmine St. Door "E"/Suite 219, Denver, Colorado.
Bids will be received as set forth in the Bidding Documents.
The Work is expected to be commenced within the time as required by Section 2.3
of General Conditions. Substantial Completion of the Work is required as
specified in the Agreement.
The successful Bidder will be required to furnish a Performance Bond and a
Payment Bond guaranteeing faithful performance and the payment of all bills and
obligations arising from the performance of the Contract.
No Bid may be withdrawn within a period of forty-five (45) days after the date
fixed for opening Bids.
The OWNER reserves the right to reject any and all Bids, and to waive any
informalities and irregularities therein.
Bid security in the amount of not less than 5% of the total Bid must accompany
each Bid in the form specified in the Instructions to Bidders. `J
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 J
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 J
rendered. This rule also applies to subcontracts with the City. Soliciting or
accepting any gift, gratuity favor, entertainment, kickback or any items of
monetary value from any person who has or is seeking to do business with the City ti
of Fort Collins is prohibited
City of Fort Collins I _ •n
Ja es B. O'Neill, II, CPPO
P rchasing/Risk Management Director
7/96 Section 00020 Page 2
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GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
These GENERAL CONDITIONS have been developed by using the
STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION
CONTRACT prepared by the Engineers Joint Contract Documents
Committee, EJCDC No 1910-8 (1990 Edition), as a base Changes to
that document are shown by underlining text that has been added and
striking through text that has been deleted
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
TABLE OF CONTENTS OF GENERAL CONDITIONS
y
Article or Paragraph
Page
Article or Paragraph
Page
Number & Title
Number
Number & Title Number
1 DEFINITIONS. _
1
2 PRELIMNARY MATTERS
3
1.1
Addenda
1
21
Delivery of Bonds
3
12
Agreement
1
22
Copies of Documents
3
_
1 3
Application for Payment.
1
23
Commencement of Contract
1 4
Asbestos
1
Times, Notice to Proceed
3
1 5
Bid
1
24
Starting the Work _
3
1 6
Bidding Documents
1
2 5-2 7
Before Starting Construction,
17
Bidding Requirements _
1
CONTRACTOR's Responsibility
1 8
Bonds ,
1
to Report, Preliminary Schediles,
1 9
Change Order
1
Delivery of Certificates of
--
1 10
Contract Documents
1
Insurance
3-4
1 11
Contract Price
1
2 8
Preconstruction Conference
4
1 12
Contract Times
1
2 9
Initially Acceptable Schedules
4
113
CONTRACTOR
„ 1
1 14
defective
1
3 CONTRACT DOCUMENTS INTENT,
1 15
Drawings
1
AMENDING, REUSE
4
1 16
Effective Date of the Agreement,
1
3 I-3 2
Intent
4
1 17
ENGINEER
„ , 1
3 3
Reference to Standards and Speci-
1 18
ENGINEER's Consultant
1
fications of Technical Societies,
1.19
Field Order. . ., . , ,.
1
Reporting and Resolving Dis-
1.20
General Requirements , .
2
crepancies
4-5
1 21
Hazardous Waste _
...2
34
Intent of Certain Terms or
J
1 22 a
Laws and Regulations, Laws or
Adjectives
5
Regulations „ . _ _
2
3 5
Amending Contract Docunents
5
_
1 22 b
Legal Holidays_ _ _
2
3 6
Supplementing Contract
123
Liens . _ . ...
2
Documents
5
1 24
Milestone
2
3.7
Reuse of Documents
5
125
Notice of Award
2
126
Notice to Proceed
„ 2
4 AVAILABILITY OF LANDS,
1.27
OWNER
2
SUBSURFACE AND PHYSICAL CONDITIONS,
^
1.28
Partial Utilization _
.,2
REFERENCE POINTS
5
129
PCBs _
2
41
Availability of Lands
5-6
1 30
Petroleum ,
2
42
Subsurface and Physical
131
Project .., . .. ..... ...
.2
Conditions
6
^
1 32 a
Radioactive Material.
2
42 1
Reports and Drawings
6
132 b
Regular Working Hours . _
2
4 2 2
Limited Reliance by CONTRAC-
1 33
Resident Project Representative
, 2
TOR Authorized, Technical
^
1 34
Samples .,
2
Data
6
1 35
Shop Drawings.. _
2
4 2 3
Notice of Differing Subsurface
1 36
Specifications_ ._
2
or Physical Conditions
6
^
137
Subcontractor _
2
4 2 4
ENGINEERS Review
6
1 38
Substantial Completion
2
4.25
Possible Contract Documents
139
Supplementary Conditions _
, 2
Change
6
1 40
Supplier , .,,
2
4 2 6
Possible Price and Times
141
Underground Facilities_ ,
2-3
Adjustments
6-7
V
1.42
Unit Price Work
3
43
Physical Conditions --Underground
143
Work_ ._ .. ..
..... 3
Facilities _
7
^
1.44
Work Change Directive .
3
43 1
Shown or Indicated _
7
145
Written Amendment_ _. _ _ _ _
. . _3
4 3 2
Not Shown or Indicated _
7
44
Reference Points
7
^
i�
EJCDC GENERAL CONDITIONS 19 10 -8 (1990
EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
u
0
Article or Paragraph
Page
Article or Paragraph
Page
Number & Title
Number
Number
& Title
Number
41
Asbestos, PCBs, Petroleum,
Hazardous Waste or
625
Submittal Proceedures, CON -
TRACTORS Review Prior
Radioactive Material
7-8
to Shop Drawing or Sample
5. BONDS AND INSURANCE
8
626
Submittal
Shop Drawing & Sample Submit-
5.1-5 2
Performance, Payment and Other
ails Review by ENGINEER
16-17
Bonds__
8
627
Responsibility for Variations
5.3
Licensed Sureties and Insurers,
From Contract Documents _
17
a
Certificates of Insurance
8
6.28
Related Work Performed Prior
54
CONTRACTORs Liability
to ENGINEER's Review and
5 5
Insurance _ _ _ ..
OWNER's Liability Insurance
9
9
Approval of Required
Submittals
17
5 6
Property Insurance„
9-10
629
Continuing the Work
17
5 7
Boiler and Machinery or Addi-
630
CONTRACTOR's General
tional Property Insurance
10
Warranty and Guarantee
17
5 8
Notice of Cancellation Promsion_
10
6 31-6 33
Indemnification
17-18
5 9
CONTRACTOR's Responsibility
634
Survival of Obligations
_ .18
5 10
for Deductible Amounts ,
Other Special Insurance ,
10
10
7 OTHER
WORK . _
..18
5 11
Waiver of Rights ._,
11
7 1-7 3
Related Work at Site
18
5 12-5 13
Receipt and Application of
Insurance Proceeds
10-11
7 4
Coordination. _
18
5 14
Acceptance of Bonds and Insu-
8 OWNER'S
RESPONSIBILITIES
18
ance; Option to Replace .
11
8 1
Communications to CON-
5.15
Partial Utilization --Property
TRACTOR
18
Insurance
11
8 2
Replacement of ENGINEER
18
8 3
Furnish Data andPay Promptly
6 CONTRACTOR'S
6 1-6.2
RESPONSIBILITIES
Supervision and Superintendence
11
11
84
When Due
Lands and Easements, Reports
18
6.3-6.5
Labor, Materials and Equipment
11-12
and Tests , , ..I8-I9
6 6
6 7
Progress Schedule „
Substitutes and "Or -Equal" Items,
12
85
8 6
Insurance
Change Orders.
19
.19
CONTRACTOR's Expense,
8 7
Inspections, Tests and
Substitute Construction
Approvals _ , . , __.
19
Methods or Procedures,
ENGINEER's Evaluation
12-13
8 8
Stop or Suspend Work,
Terminate CONTRACTOR'S
6.8-6.11
Concerning Subcontractors,
Services . _ _ , . „
19
Suppliers and Others;
Waiver of Rights
13-14
89
Limitations on OWNER'S
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
14-15
8 11
Evidence of Financal
616
Use of Premises _
_.. 15
Arrangements„ .....
19
6 17
6 18
Site Cleanliness , , , , .
Safe Structural Loading
15
15
9 ENGINEER'S STATUS DURING
6 19
Record Documents
.15
CONSTRUCTION_
19
620
6 21
Safety and Protection
Safety Representative
15-16
16
9 1
9 2
OWNER's Representative ._
Visits to Site
:.19
19
6 22
Hazard Communication Programs
16
93
Project Representative,
19-21
6.23
Emergencies
16
9 4
Clarifications and Interpre-
6 24
Shop Drawings and Samples
16
tations _, , „ . ........
„ 21
95
Authorized Variations in V%6rk
21
EJCDC GENERAL CONDITIONS 1910-8 (1990
EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
Number & Title
Page Article or Paragraph
Number Number & Title
96
Rejecting Defective Work.. _
. 21
9 7-9 9
Shop Drawings, Change Orders
and Payments
21
9 10
Determinations for Unit Prices _
21-22
9 11-9 12
Decisions on Disputes, ENGI-
NEER as Initial Interpreter..
22
9 13
Limitations on ENGINEER's
Authority and Responsibilities_
22-23
CHANGES IN THE WORK. ...
23
10 1
OWNER's Ordered Change_
23
10.2
Claim for Adjustment
23
10.3
Work Not Required by Contract
Documents „ „ ,
23
104
Change Orders
... 23
10 5
Notification of Surety
23
CHANGE OF CONTRACT PRICE
23
11 1-11 3
Contract Price, Claim for
Adjustment, Value of
the Work _
23-24
114
Cost of the Work .....
.24-25
11 5
Exclusions to Cost of the Work
25
11 6
CONTRACTOR's Fee _
25
11.7
Cost Records _25-26
11 8
Cash Allowances ._
.26
11.9
Unit Price Work ,
-.26
CHANGE OF CONTRACT TIMES
26
12.1
Claim for Adjustment, , _
26
122
Time of the Essence._... _
26
123
Delays Beyond CONTRACTOR's
Control
26-27
124
Delays Beyond OWNER's and
CONTRACTOR's Control
27
TESTS AND INSPECTIONS, CORRECTION,
REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK , _
27
13 1
Notice of Defects ,
.27
13.2
Access to the Work
27
13.3
Tests and Inspections,
CONTRACTOR's Cooperation
27
13.4
OWNER's Responsibilities,
Independent Testing Laboratory
_ 27
13 5
CONTRACTOR's
Responsibilities_,
.27
13 6-13 7
Covering Work Prior to Inspec-
tion, Testing or Approval . _
27
13.8-13 9 Uncovering Work at ENGI-
Page
Number
NEER's Request
27-28
13 10
OWNER May Stop the Work
28
13 11
Correction or Removal of
Defective Work
28
13 12
Correction Period
28
13 13
Acceptance ofDefective Work _
28
13.14
OWNER May Correct Defective
Work
28-29
14 PAYMENTS TO CONTRACTOR AND
COMPLETION
29
14 1
Schedule of Values
29
142
Application for Progress
Payment .. . . ___.
29
143
CONTRACTOR's Warranty of
Title „_ _
29
14 4-14 7
Review of Applications for
Progress Payments , _ . , _
.29-30
14 8-14 9
Substantial Completion
.30
14.10
Partial Utilization
30-31
1411
Final Inspection _
.31
14 12
Final Application for Payment
31
14 13-14 14
Final Payment and Acceptance
31
1415
Waiver of Claims
_31-32
15 SUSPENSION OF WORK AND
TERMINATION
32
15.1 OWNER May Suspend Work
32
15.2-15.4 OWNER May Terminate
32
15.5 CONTRACTOR May Stop
Work or Terminate
32-33
16. DISPUTE RESOLUTION . _ 33
17 MISCELLANEOUS _ ,
33
171
Giving Notice _ _
33
172
Computation of Times ,
33
17.3
Notice of Claim
33
17.4
Cumulative Remedies
33
17.5
Professional Fees and Court
Costs Included_
176
Applicable State Laws ...
33-34
Intentionally left blank ,
_ .35
EXHIBIT GC -A
(Optional)
Dispute Resolution Agreement,
GC -Al
16 1-16 6
Arbitration
GC -AI
167
Mediation
GC-A1
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EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
0
INDEX TO GENERAL CONDITIONS
City of Fort Collins modifications to the General Conditions
Article or Paragraph
of the Construction Contract are not shown in this index
Number
Acceptance of--
Article or Paragraph
Number
Bonds and Insurance, , - „ , , „ 5 14
defective Work -, „ - -- 104 1, 13 5, 13.13
OWNER responsibility for .45 1, 8 10
final payment „ - - 9 12, 14 15
possible price and times change 4 5 2
insurance _ „ .. , -,-- 5 14
Authorized Variations in Work 3 6, 6 25, 6 27, 9 5
other Work, by CONTRACTOR 73
Availability of Lands 4 1, 84
Substitutes and "Or -Equal" Items 6 7.1
Work by OWNER „ - 2 5, 6 30, 6 34
Award, Notice of --defined 125
Before Starting Construction. 2 5-2 8
Access to the--
Bid --definition of , - 1.5 (1 1, 1 10, 2 3, 3 3,
Lands, OWNER and CONTRACTOR
4 2 6 4, 6 13, 114 3, 11 9 1)
responsibilities „ , - „- - 4 1
Bidding Documents --definition
V
site, related Work -, _,---, 7 2
of 1.6(682)
Work, „ - „ ,- -, ,. 13 2, 13 14, 14 9
Bidding Requirements --definition
Acts or Omissions--, Acts and Omissions--
CONTRACTOR , --- - , -„ 69 1,9 13 3
of 1 7 (1 1, 4 2 6 2)
Bonds --
ENGINEER,,, „ - -,-- 6 20, 9 133)
acceptance of 5 14
OWNER „ 6.20, 89
Addenda --definition of (also see
additional bonds „ 10.5, 11-4 5-9
Cost of the Work 11.54
definition of Specifications). ,-, (1 6, 1 10,6 19), 1 1
definition of 1 8
Additional Property Insurances-- -- „-,--- 57
delivery of 2 1 5.1
Adjustments--
final Application for Payment , 14 12-14 14
Contract Price or Contract
general 1 10, 5 1-5 3, 5 13,
Times . . ......... .... 1 5,3 5, 4 1, 4 3.2, 4 5 2,
„ 9 13, 105, 1476
„ - 4 5 3, 9 4, 9 5, 10 2-10 4,
„ ,11, 12, 14.8, 15 1
.....
Performance. Payment and Other - , ---• 5 1-5 2
Bonds and Insurance --in general -, 5
progress schedule „ „ „ 6.6
Builder's risk "all-risk" policy form, 56.2
Agreement--
definition of - 12
Cancellation Provisions, Insurance - - 54 11, 5 8, 5.15
Cash Allowances , .11 8
"All -Risk" Insurance, policy form - - ----- ,- 5.62
Certificate of Substantial Completion. - 1 38, 6 30 2.3,
Allowances, Cash -- „ - - , 11 8
„ , , , 148, 14.10
Amending Contract Documents , ,- - -- , ,,,, „ 3-5
Amendment, Written--
Certificates of Inspection „ 9 13 4, 13 5, 14 12
Certificates of Insurance„ 2.7, 5 3, 5 4 11, 5-4 13,
in general „ , - - 1 10, 1.45, 3 5, 5.10, 5.12, 6 6 2
5-6 5, 5 8, 5 14, 9 13-4, 14-12
8.2, 6.19, 10 1, 10 4, 11 2
„ , 12 1, 13-12 2, 14.7.2
Change in Contract Price--
Cash Allowances .11.8
Appeal, OWNER or CONTRACTOR
claim for price
intent to. ,- . - --- --9 10, 9.11, 10 4, 16 2, 16-5
adjustment 4 1, 4 2 6, 4 5, 5 15, 6 8 2, 9 4
Application for Payment--
9 5, 9 11, 10 2, 10 5, 112, 13 9,
definition of, 13
„ 13 11, 13 14, 14 7, 15 1, 15 5
ENGINEER'S Responsibility- „ .99
CONTRACTOR'S fee 116
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
Cost of the Work
general 11 4-11 7
progress payment- - „ 14 1-14 7
Exclusions to, 11 5
review of 14 4-14 7
Arbitration --. -,,.- - 16 1-16 6
Cost Records , 117
in general - , 119, 1 44, 9 11, 10 4 2, 10 4 3, 11
Asbestos--
Lump Sum Pricing 1132
claims pursuant thereto -,----- ,-- 45 2, 4-5 3
Notification of Surety
CONTRACTOR authorized to stop Work, „ 4 5 2
definition of • ,. • .. -- „- -- -- , 1 4
.105
Scope of, -- , 103-10 4
Testing and Inspection,
Uncovering the Work- 139
v
EJCDC GENERAL CONDITIONS I910-8 (1990 EDITION)
w/ CIT`� OF FORT COLLINS MODIFICATIONS (REV 9199)
Unit Price Work...... - ,-. 119
Article or Paragraph
Number
Value of Work
113
Change in Contract Times --
Claim for times adjustment
4 1, 4 2 6, 4 5, 5 15,
6.8.2, 9 4, 9 5, 9,11,
10 2, 10 5, 12 1,
119, 13 13, 13
14, 14 7, 15.1, 15 5
Contractual time limits, -„- , - „
„- , , 122
Delays beyond CONTRACTOR's
control ,
. . . 12 3
Delays beyond OWNER's and
CONTRACTOR's control
124
Notification of surety --
10 5
Scope of change
10 3-10 4
Change Orders --
Acceptance ofDefective Work ,
13 13
Amending Contract Document$„
„ - 3 5
Cash Allowances-
11 8
Change of Contract Price
11
Change of Contract Times
12
Changes in the Work
.-- 10
CONTRACTOR's fee
„ 116
Cost of the Work - - „
11 4-11 7
Cost Records
117
definition of - - -- ... - --
1 9
emergencies
6 23
ENGINEER's responsibility,
98, 104, 112, 121
execution of -- -- .-.. -
- -10 4
Indemnifiction 6 12, 6 16, 6 31-6 33
Insurance, Bonds and „
5 10, 5 13, 105
OWNER may terminate -
15 2-15 4
OWNER's Responsibility -, - -
. 8.6, 104
Physical Conditions --
Subsurface and, -
.-. -- - 42
Underground Facilities---
4 3 2
Record Documents - -
6 19
Scope of Change „ ...
-. .-- . 10 3-10 4
Substitutes
.. 6 7 3, 6 8 2
Unit Price Work .
119
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 -- - -„
94, 112
Change of Contract Times ,-
-- - 94, 121
CONTRACTOR's - -- „ 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, 173
w
CONTRACTOR's Fee ,,,-
-- •,,, .116
Article or Paragraph
_
Number
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 interpreter „ ,
9 11
Lump Sum Pricing „ „
.•• 1132
Notice of - „ „
173
^
OWNER's 9 4, 9 5, 9 11,
10.2, 11.2, 119
121,139,1313,1314,173
OWNER's liability
55
^
OWNER may refuse to make payment
.147
Professional Fees and Court Costs
U
Included -
„ 175
request for formal decision on „
- .911
Substitute Items
67 12
Time Extension
12.1
Time requirements
„•, , 9 11, 12 1
Unit Price Work „
„- 1193
J
Value of
113
Waiver of --on Final Payment - ,
,14 14, 1415
Work Change Directive.
.102
written notice required „ ,
9 11, 11 2, 12.1
J
Clarifications and Interpretations.
3 6 3, 9 4, 9 11
r
Clean Site
6 17
Codes of Technical Society, Organization
L
or Association „
3-3 3
Commencement of Contract Times
21
Communications --
general „
6 27 6 92, 8 1
Hazard Communication Programs- -
, --, - , , , 622
Completion --
Final Application for Payment , ,
14.12
Final Inspection ,,, ,,,
,-, 1411
^
Final Payment and Acceptance
- 14 13-14 14
Partial Utilization
„ -- 1410
Substantial Completion
1 38, 14-8-14 9
Waiver of Claims
J4 15
Computation of Times-
„17 2.1-17 2 2
Concerning Subcontractors, Suppliers
U
and Others „ •- ,
6.8-6 11
Conferences --
initially acceptable schedules , - -
, , „ 29
preconstruction . •,
,-,,,- , , ,•2.8
Conflict, Error, Ambiguity, Discrepancy --
CONTRACTOR to Report - .
„ - 2.5, 3 32
Construction, before starting by
CONTRACTOR„
2-5-2 7
Construction Machinery, Equipment, etc
64
Continuing the Work.. , „-, ,,, „•••
• 6.29, 104
J
Contract Documents--
_
Amending
„ ,- „ 3 5
Bonds
5 1
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w( CITY OF FORT COLLINS MODIFICATIONS (REV 9199)
u
Cash Allowances „ --
- 118
Article or
Paragraph
Number
Change of Contract Price •
11
Change of Contract Times
Changes in the Work
12
10 4-10 5
check and verify
25
Clarifications and
Interpretations 3 2, 3 6, 94, 9 11
definition of,
1 10
ENGINEER as initial interpreter of
911
ENGINEER as OWNER's representative
91
general3
Insurance „
53
Intent
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
25, 33
Reuse of -
3 7
Supplementing „
16
Termination of ENGINEER's Employment 8 2
Unit Price Work,
119
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
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 9 2
Continue Work , „ ,- , ..629,
104
coordination and schedulingg ,:
.692
definition of
1 13
Limited Reliance on Technical
Data Authorized.
.422
May Stop Work or Terminate :: :„
15 5
provide site access to others,
..72, 132
Safety and Protection- 4 3 1.2, 6 16, 6 18,
6 21-6 23,
7 2, 13-2
Shop Drawing and Sample Review
Prior to Submittal , „ , „
,6 25
vu
Stop Work requirements. ---„ - - , , - --, ---, 4 5 2
CONTRACTOR's-
Article or Paragraph
Number
Compensation , , , ,,, - - ,-„•• •
• 11 1-11 2
Continuing Obligation
14 IS
Defective Work - - 9 6, 13
10-13 14
Duty to correct defective Work,
13 11
Duty to Report --
Changes in the Work caused by
Emergency , •- _
,,, 623
Defects in Work of Others
73
Differing conditions
423
Discrepancy in Documents - , 2.5, 3
3 2, 6 14 2
Underground Facilities not indicated- ,
.432
Emergencies --,
623
Equipment and Machinery Rental, Cost
of the Work ,
1145.3
Fee --Cost Plus 11 45 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
73, 134
Labor, Materials .and Equipment , , , ,- -
- , 6 3-6 5
Laws and Regulations, Compliance by.
6 14 1
Liability Insurance-
54
Notice of Intent to Appeal. ,--
9 10, 10-4
obligation to perform and complete
the Work
,-,6-30
Patent Fees and Royalties, paid for by , - ,-„
---- 6 12
Performance and Other Bonds, ,. -.-
5 1
Permits, obtained and paid for by ,- -
6 13
Progress Schedule , „ , 2 6, 2.8, 2.9, 6 6,
6 29, 10 4, 15 2 1
Request for formal decisionon disputes , -
9 11
Responsibilities—
Changes in the Work , „ ,--,
, „- -10.1
Concerning Subcontractors, Suppliers
and Othei s - „ „ •
•--6 8-6.11
Continuing the Work „
6.29 104
CONTRACTOR's expense
„¢ 7 1
CONTRACTOR's General Warranty
and Guarantee
630
CONTRACTOR's review prior to Shop
Drawing or Sample submittal- „
„6 25
Coordination of Work , , „
6 9 2
Emergencies , - -
623
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
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Labor, Materials and Equipment , 6 3-6 5
Laws and Regulations 6 14
Liability Insurance ..... 5-4
Article or Paragraph
Number
Notice of variation from Contract
Documents - ,
6.27
Patent Fees and Royalties
„ 6 12
Permits
6 13
Progress Schedule
...6 6
Record Documents
6 19
related Work performed prior to
ENGINEER's approval of required
submittals
628
safe structural loading
6 18
Safety and Protection 1.6 20,
7 2, 132
Safety Representative
---- 621
Scheduling the Work
6 9 2
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
62
Supervision
6.1
Survival of Obligations-
-,6 34
Taxes
6 15
Tests and Inspections-
13 5
To Report , -
25
Use of Premises 6 16-6 18, 6.30 2 4
Review Prior to Shop Drawing or
Sample Submittal , - -- . - .......
6 25
Right to adjustment for changes in the Work, 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
114.4
Substitute Construction Methods and Procedures 6 7
Substitutes and "Or -Equal" Items,
Expense 67
1,672
Subcontractors, Suppliers and Others .
6 8-6 11
Supervision and Superintendence 6.1,
6.2, 6 21
Taxes, Payment by .
6 15
Use of Premises - .,., .-
6 16-6 18
Warranties and guarantees
..65, 630
Warranty of 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
vin
CONTRACTORS --other
„ 7
Contractual Liability Insurance - - -
,--- -5 4.10 _
Contractual Time Limits ,
„- 122
Article or Paragraph
Number
Coordination--
u
CONTRACTOR's responsibility
- 6 9 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 ofDefective Work -
13 13
Correction or Removal of
^
Defective Work „
„ 630, 13 11
Correction Period
13 12
OWNER May Correct Defective Work
- , 13 14
OWNER May Stop Work „
-.13 10
Cost--
u
of Tests and Inspections
„ 134
Recordsll 7
Cost of the Work --
Bonds and insurance, additional -.- -
11459
Cash Discounts - - -
1142 ^
CONTRACTOR's Fee
116
Employee Expenses
, 11 4.5 1 u
Exclusions to -, , , -
115
General 11 4-11-5
Home office and overhead expenses-
115
Losses and damages, -
11456
Materials and equipment
- ,. 11 4.2 ^
Minor expenses
11 4 5-8
Payroll costs on changes
11 4 1
performed by Subcontractors-
1143 -,
Recordsll 7
Rentals of construction equipment
`
and machinery , ,
„ , 11453 _
Royalty payments, permits and
license fees,,,, „ „ --- .......
114 5 5
Site office and temporary facilities ..
- 11452
Special Consultants, CONTRACTOR's
A L4 4
Supplemental ,,.
1145
Taxes related to the Work -, „
11454
Tests and Inspection „ -„ - „ ,
13 4 —
Trade Discounts
114 2
Utilities, fuel and sanitary facilities --
- - 11457
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 . „ ,
„-, 1722
Decisions on Disputes - , „ -- ,-
9 11,912 u
defective --definition of - , ,
,1 14 _
defective Work --
Acceptance of... „ -,
1041, 13 13
EJCDC GENERAL CONDITIONS
1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS
(REV 9/99) ^'
u
Correction or Removal of. -,-- •, , „ .10 4 1, 13 11
OWNER's Representative
, 9 1
Correction Period ...
13.12
Payments to the CONTRACTOR,
in general .... ... 13, 14 7, 14 11
Responsibility for -
99, 14
Article or Paragraph
Recommendation of Payment
14 4, 14 13
Number
Article
or Paragraph
Observation by ENGINEER-.... ..
.. •, ,• 9 2
Number
OWNER May Stop Work,
, .,_13 10
Responsibilities --Limitations on • ,
9 11-9 13
Prompt Notice of Defects, , -..
13 1
Review of Reports on Differing Subsurface
Rejecting , - .. .•
... 96
and Physical Conditions
4 2 4
Uncovering the Work
13 8
Shop Drawings and Samples, review
Definitions .... , .... ..........
__. 1
responsibility
,_ , 626
Delays 4 11 6 29, 12 3-12.4
Delivery of Bonds , • 21
Status During Construction --
authorized variations in the Work
95
Delivery of certificates of insurance •• •, •,
„ , 27
Clarifications and Interpretations
9 4
Determinations for Unit Prices , , _ •• - , 9 10
Differmg Subsurface or Physical Conditions--
Notice of,__ ._- 4 2.3
Decisions on Disputes
Determinations on Unit Price
ENGINEER as Initial Interpreter
9 11-9 12
910
9 11-9 12
ENGINEER's Review ...
4 2 4
ENGINEER's Responsibilities
9 1-9.12
Possible Contract Documents Change
Possible Price and Times Adjustments__
42.5
- ..42.6
Limitations on ENGINEER's Authority
and Responsibilities•
9 13
Discrepancies -Reporting
and Resolving- . --- .. 2 5,
Dispute Resolution--
3 3 2, 6 142
OWNER'S Representative
Project Representative „ __ _ ...
Rejecting Defective Work
9 1
93
.96
Agreement
•,16 I-16 6
Shop Drawings, Change Orders
Arbitration
.16 1-16.5
and Payments „
7-9 9
genera116
Visits to Site ,••
,•_,,, .9
. 9 2
Mediation
16.6
Unit Price determinations
9 10
Dispute Resolution Agreement___, „
16 1-16 6
Visits to Site
92
Disputes, Decisions by ENGINEER. -
Documents--
.9 11-9 12
Written consent required
Equipment, Labor, ]Materials and
7 2, 9 1
6 3-6 5
Copies of --- ............
22
Equipment rental, Cost of the Work •
11 4.5.3
Record 6.19
Reuse of •, , -- ....-.
,• 3 7
Equivalent Materials and Equipment
error or omissions „•
67
633
Drawings --definition of
•1 15
Evidence ofFinancial Arrangements _ _ _
••• - • 8 11
Easements
.41
Explorations of physical conditions ,
, , 42.1
Effective date of Agreement -- definition of.
•; 1 16
Fee, CONTRACTOR's--Costs Plus
11.6
Emergencies -
.623
Field Order --
ENGINEER--
definition of.,
1.19
as initial interpreter on disputes„ •
definition of -•, -, „ .,, „ ,-
9 11-9 12
, •,• 1 17
issued by ENGINEER
Final Application for Payment
_.. 36 1,95
,.14 12
Limitations on authority and responsibilities
- 913
Final Inspection -
„ 1411
Replacement of .. ... , - , „ --
Resident Project Representative „• •_
8 2
93
Final Payment --
and Acceptance
14 13-14 14
ENGINEER's Consultant -- definition of
.1 18
Prior to for cash allowances
11 8
ENGINEER's--
General Provisions ....
.. . ...
„ 17.3-17 4
authority and responsibility, limitations
Authorized Variations in the Work •
Change Orders, responsibility for 97,
on 9 13
•• 95
10, 11, 12
General Requirements --
definition of .. . ...... ... . .......
principal references to __. 2 6, 6.4,
120
6 6-6 7, 6 24
Clarifications and Interpretations -
Decisions on Disputes. „ ..
3 63, 94
...9 11-9 12
Giving Notice
Guarantee of Work- -by CONTRACTOR ,-
..630, 1412
defective Work, notice of •, • -, ,
., , 13 1
Hazard Communication Programs , , - - -
Evaluation of Substitute Items -• .• -
, • 6 7 3
Hazardous Waste --
.622
Liability •• , ••_ ... . , , „„......... • ..
, 6 12,912
definition of
121
Notice Work is Acceptable,,, _ __
•14 13
general
4.5
Observations
_6 30 2, 9.2
OWNER's responsibility for...
.8 10
Ix
EICDC GENERAL CONDITIONS 1910-8
(1990 EDITION)
w/ CITY OF FORT COLLIN''S MODIFICATIONS (REV 9/99)
u
0
� 1j
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C
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0
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SECTION 00100
INSTRUCTIONS TO BIDDERS
Fl,
Indemnification. 6 12, 6 16, 6 31-6 33
Insurance ...... ,
5.3
Initially Acceptable Schedules, .
.... 2 9
Precedence
3 1, 3 3 3
Inspection--
Reference to
, , 3 3 1
Certificates of - ..9 13 4, 13
5, 14 12
Safety and Protection .... -- ..6.20, 13 2
Final
1411
Subcontractors, Suppliers and Others ...
6 8-6 11
Article or
Paragraph
Article or
Paragraph
Number
Number
Special, required by ENGINEER..
9 6
Tests and Inspections
..13 5
Tests and Approval 8 7,
13 3-13 4
Use of Premises .. ..... ... ...
.6 16
`J
Insurance--
Visits to Site
9 2
_
Acceptance of by OWNER ,
5 14
Liability Insurance --
Additional, required by changes
CONTRACTOR's
54
in the Work
11 45 9
OWNER's
5 5
Before starting the Work.
27
Licensed Sureties and Insurers
53
Bonds and --in general
5
Liens--
Cancellation Provisions ..
„ . . 58
Application for Progress Payment „
142
Certificates of . 2.7, 5, 5 3, 5 4 11,
5 4 13,
CONTRACTOR's Warranty of Title ,. ,
.143
—
5.6.5, 5 8, 5 14, 9 13
4, 14-12
Final Application for Payment , -,
1412
completed operations
5413
definition of
123
CONTRACTOR's Liability.. ....
54
Waiver of Claims
14 15
CONTRACTOR's objection to coverage .
5 14
Limitations on ENGINEER's authority and
Contractual Liability . „ -
54 10
responsibilities ..--... , ,
.913
deductible amounts, CONTRACTOR's
Limited Reliance by CONTRACTOR
responsibility . . ...... . .... ..
5.9
Authorized -
42.2
Final Application for Payment,
1412
Maintenance and Operating Manuals --
Licensed Insurers ..-- ..
5 3
Final Application for Payment
14 12
Notice requirements, material changes
5 8, 105
Manuals (of others)--
r
Option to Replace
5 14
Precedence
3.3.3 1
other special insurances.
5 10
Reference to in Contract Documents .. . ....
3 3 1
L2
OWNER as fiduciary for insureds. - -
5 12-5 13
Materials and equipment--
OWNER's Liability •-
5 5
furnished by CONTRACTOR
.63
—
OWNER'S Responsibility. - - ., ..
8 5
not incorporated in Work
......14.2
Partial Utilization, Property Insurance -
,- 5 15
Materials or equipment --equivalent
.6.7
Property
.. 5 6-5 10
Mediation (Optional) -
16 7
--
Receipt and Application of Insurance
Milestones --definition of
,1 24
Proceeds
5 12-5 13
Miscellaneous--
`J
Special Insurance
5 10
Computation of Times. .. ....---.
172
—
Waiver of Rights
5 11
Cumulative Remedies „-,
- -, 174
Intent of Contract Documents. .-.
-.3 1-3 4
Giving Notice - .... .-....
- ..17 1
Interpretations and Clarifications..
3 6 3, 9 4
Notice of Claim
-- 17 3
Investigations of physical conditions .
4 2
Professional Fees and Court Costs Included
,• ...175
—
Labor, Materials and Equipment,. . ...
6 3-6 5
Multi -prime contracts
Lands--
Not Shown or Indicated „ ._..
., 4 3 2
and Easements . -- ... - - .
8 4
Notice of- -
Availability of
4 1, 84
Acceptability of Project
14 13
Reports and Tests
8 4
Award, definition of
.1 25
`
Laws and Regulations --Laws or Regulations--
Claim
173
^
Bonds ,-,
5 1-5 2
Defects, 13 1
Changes in the Work
104
Differing Subsurface or Physical Conditions
- .423
Contract Documents . - . ... ....
. . 3 1
Giving
.171
CONTRACTOR's Responsibilities .
6 14
^
Correction Period, defective Work
13 12
Tests and Inspections
13 3
u
Cost of the Work, taxes -
.11454
Variation, Shop Drawing and Sample •,- , -
, 6 27
definition of. - --- .. - - --.
122
Notice to Proceed--
^
general6 14
definition of , ---,- „. . , ...
...... 126
Indemnification - ..
6.31-6 33
giving of
2
X
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w! CITY OF FORT COLLINS MODIFICATIONS
(REV 9/99)
�J
;ih
i.
i'
If �
i
,I
P
fl
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 ...
5.6 2
Option to Replace . . .
5 14
Article or Paragraph
Number
"Or Equal" Items ..
67
Other work 7
Overtime Work --prohibition of - .
63
OWNER --
Acceptance ofdefective Work
-13 13
appoint an ENGINEER. -
82
as fiduciary
5 12-5 13
Availability of Lands, responsibility
41
definition of .... - --
1 27
data, furnish -
8 3
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 -
.63025
Change Orders, obligation to execute
8 6, 104
Communications. - . -- .
8 1
Coordination of the Work.
74
Disputes, request for decision
9 11
Inspections, tests and approvals -
8 7, 134
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.
81
CONTRACTOR'S responsibilities
89
evidence of financial arrangements. -
8 11
inspections, tests and approvals - ...
87
insurance
8 5
lands and easements
8 4
prompt payment by
8 3
replacement of ENGINEER
8 2
reports and tests .. -
8 4
stop or suspend Work 8 8, 13
10, 15.1
terminate CONTRACTOR's
services .... -
8 8, 15 2
separate representative at site.
9 3
testing, independent
use or occupancy
of the Work
written consent or approval
required
13.4
5.15, 6 30.2 4, 14 10
91,63,114
xi EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
Number
written notice required - .•
.7 1, 9 4, 9 11,
112,119,147,154
PCBs --
definition of
129
general . , .. ... - --
,.4 5
OWNER's responsibility for. -
• 8 10
Partial Utilization --
definition of -
1 28
general 6 30 2 4, 14 10
Property Insurance,
5 15
Patent Fees and Royalties - -
6 12
Payment Bonds
5 1-5 2
Payments, Recommendation of -- „
14 4-14 7, 14 13
Payments to CONTRACTOR and Completion --
Application for ProgressPayments
... 142
CONTRACTOR's Warranty of Title
.143
Final Application for Payment
14 12
Final Inspection
„ 1411
Final Payment and Acceptance
14 13-14 14
general - ,
8 3, 14
Partial Utilization
.14 10
Retainage ,-
142
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, 1411
withholding payment „
147
Performance Bonds
5 1-5 2
Permits
6 13
Petroleum --
definition of
.1 30
genera]
.-4 5
OWNER's responsibility for
-8.10
Physical Conditions --
Drawings of, in or relating to ,
, 4.2 1 2
ENGINEER's review „ , „ :-
- .424
existing structures .,. --.
4 2 2
general 4 2 12
Notice of Differing Subsurface or,,
4 2 3
Possible Contract Documents Change -
- 4 2 5
Possible Price and Times Adjustments
4-2-6
Reports and Drawings -----
4.2.1
Subsurface and, „
.42
Subsurface Conditions- . ,,.
4 2 1 1
Technical Data, Limited Reliance by
CONTRACTOR Authorized
4 2 2
-Underground Facilities --
general
.43
Not Shown or Indicated
4.3.2
Protection of ,-
43,620
Article or Paragraph
Number
Shown or Indicated „• ,
43 1
Technical Data „•,
4.22
Preconstruction Conference
28
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 -
142
Progress Payment--retainage
.142
Progress schedule, CONTRACTOR's
2-6, 2 8, 2 9,
6 6, 6.29,
10 4, 152 1
Project --definition of
„ 131
Project Representative—
ENGINEER'S Status Durmg Construction
93
Project Representative, Resident --definition of - 1.33
prompt payment by OWNER -
8 3
Property Insurance --
Additional „
5 7
general5 6-5 10
Partial Utilization -
5 15, 14 102
receipt and application of proceeds. --
- 5 12-5 13
Protection, Safety and
6 20-6 21, 13 2
Punch list
1.411
Radioactive Material--
defintion of
1 32
general4 5
OWNER's responsibility for , „
, 8 10
Recommendation of Payment ,-, .144,
145, 14 13
Record Documents
6.19, 1412
Records, procedures for maintaining
28
Reference Points
44
Reference to Standards and Specifications
of Technical Societies - ---
33
Regulations, Laws and (or)-- --
6 14
Rejecting Defective Work -,
„ - --- 9 6
Related Work --
at Site
7 1-7 3
Performed prior to Shop Drawings
and Samples submittals review
,-„6 28
Remedies, cumulative „
.174, 175
Removal or Correction ofDefective Work
, , - -- 13 11
rental agreements, OWNER approval required 11453
replacement of ENGINEER, by OWNER
- - .82
Reporting and Resolving
Discrepancies -, 2
5, 3 3 2, 6.14 2
Reports --
and Drawings,
4 2 1
and Tests, OWNER's responsibility,
84
Resident and Project Representative --
definition of
133
provision for, 9 3
xu
EJCDC GENERAL. CONDITIONS 1910-8 (1990 EDITION.
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
tG
w
Article or Paragraph
Number
Resident Superintendent, CONTRACTOR's .62
Responsibilities--
CONTRACTOR's-in general
6
ENGINEER's-in general- ,-
9
Limitations on
- 9 13
OWNER's-m general - ,-.
8
Retamage „ , „ „
...... 142
Reuse of Documents
37
Review by CONTRACTOR Shop Drawings
and Samples Prior to Submittal
625
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
621
Samples --
definition of - -
„- - 1 34
general , , -
„ 6 24-6 28
Review by CONTRACTOR
6 25
Review by ENGINEER
6 26. 6 27
related Work
.628
submittal of ., -
. 6 24 2
submittal procedures , ,
, 625
Schedule of progress -- „ ,
2 6, 2 8-2.9, 6 6,
6 29, 10 4, 15.2.1
Schedule of Shop Drawing and Sample
Submittals. .2 6, 2 8-2 9, 6.24-6 28
Schedule of Values
_2 6, 2.8-2.9; 14 1
Schedules --
Adherence to -
15.2 1
Adjusting
„ , , .-6 6
Change of Contract Times. ,
„ 104
Initially Acceptable ,-
Preliminary , ,-
„ , „- - 2 8,29
„ 26
Scope of Changes „
10.3-10 4
Subsurface Conditions -,-
, - ,•„ 42.1 1
Shop Drawings --
and Samples, general
6.24-6 28
Change Orders & Applications for
Payments, and - -- - -,
definition of -
„ .... , ...9 7-9 9
1 35
ENGINEER's approval of
3 6 2
ENGINEER's responsibility
for review . , .
9 7, 6 24-6 28
related Work,
6 28
review procedures... , _
2.8, 6.24-6 28
xu1
Article or Paragraph
Number
submittal required - - --•
6 24 1
Submittal Procedures
„ 625
use to approve substitutions -, ,
- ...673
Shown or Indicated ,
_ . 43 1
Site Access
7.2. 13.2
Site Cleanliness
6 17
Site, Visits to --
by ENGINEER...
-- 9 2, 132
by others
112
"special causes of loss" policy form,
insurance „-
5 6 2
definition of .1.36
Specifications--
defination of
1 36
of Technical Societies, reference
to ,3.3 1
precedence „
•.• 3 3 3
Standards and Specifications
of Technical Societies
3 3
Starting Construction, Before ,-
2 5-2 8
Starting the Work
2 4
Stop or Suspend Work --
by CONTRACTOR , - , ., --
„ 15.5
by OWNER
8 8, 13 10, 15 1
Storage of materials and equipment.
4 1, 7 2
Structural Loading, Safety -
6.18
Subcontractor --
Concerning,, , , - ••. . --
.6.8-6.11
definition of
1 37
delays „
.123
waiver of rights
6 11
Subcontractors --in general.. -
6 8-6 11
Subcontracts --required provisions
5 11, 6 11, 11 4 3
Submittals—
Applications for Payment ,
14.2
Maintenance and Operation Manuals 14 12
Procedures - .. .. .- ...
-6 25
Progress Schedules
2.6, 2 9
Samples
6 24-6 28
Schedule of Values ,
26, 141
Schedule of Shop Drawings and Samples
Submissions - ,,.
„„ -- 2 6, 2 8-2.9
Shop Drawings - •••
„ 6.24-6 28
Substantial Completion --
certification of ,- - , „ - „
6.30 2 3, 14 8-14 9
definition of --..
1.38
Substitute Construction Methods or Procedures
_ 6.72
Substitutes and "Or Equal" Items , „
...67
CONTRACTOR's Expense,
.07 13
ENGINEER's Evaluation
6 7
"Or -Equal"
6 7 "
Substitute Construction Methods
199M
EJCDC GENERAL CONDITIONS 19�
w/ CITY OF FORT COLLINS MODIFIO�\
Temporary construction facilities .4 1
Article or Paragraph
Number
or Procedures,- „
6 7 2
Substitute Items - „ , --
- 67 12
Subsurface and Physical Conditions --
Drawings of, in or relathg to
42 12
ENGINEER's Review
4.24
general „ - - -
„4 2
Limited Reliance by CONTRACTOR
Authorized
422
Notice of Differing Subsurface or
Physical Conditions
4 2 3
Physical Conditions
.42.1.2
Possible Contract Documents Change
,4-2 5
Possible Price andTimes Adjustments
4.26
Reports and Drawings , - , „
.-- 42 1
Subsurface and „
42
Subsurface Conditions at the Site, „
„ , 4.2 1 1
Technical Data
42.2
Supervision--
CONTRACTOR's responsibility, . -,
6 1
OWNER shall not supervise, „
„ 8-9
ENGINEER shall not supervise „
. 9 2, 9 132
Superintendence
62
Superintendent, CONTRACTOR's resident
62
Supplemental costs
114.5
Supplementary Conditions --
definition of
1.39
principal references to „ 1 10, 1.18, 2 2, 2 7,
4 2, 4 3, 5 1, 53,
5 4, 5 6-5 9,
5 11, 6 8, 6 13, 7 4, 8
11, 9 3, 9 10
Supplementing Contract Documents
36
Supplier --
definition of
140
principal references to 1.7, 65, 6
8-6 11, 6 20,
6 24, 9 13, 14 12
Waiver of Rights
6.11
Surety --
consent to final payment „ , ,--
14 12, 14 14
ENGINEER has no duty to,----- , .
... -. 9 13
Notification of 10
1, 10 5, 15 2
qualification of - „ -
5 1-5 3
Survival of Obligations ... ....
. . 634
Suspend Work, OWNER May , ,
,13 10, 15 1
Suspension of Work and Termination--- --
-- -- - --- 15
CONTRACTOR May Stop Work
or Terminate, , , , ,,, -- --
15 5
OWNER May Suspend Work
15 1
OWNER May Terminate- -- „ ,
15 2-15 4
Taxes --Payment by CONTRACTOR.,
¢ 15
Technical Data --
Limited Reliance by CONTRACTOR,,,,
, , .... 4 2 2
Possible Price and Times Adjustments.
.426
Reports of Differing Subsurface and
\
Physical Conditions -
4 2.3
\ x1v
Article or Paragraph
Number
Termination --
by CONTRACTOR
15 5
by OWNER .8
8, 15 1-15 4
of ENGINEER's employment
82
Suspension of Work-in general
„ , ,15
Terms and Adjectives -
34
Tests and Inspections --
Access to the Work, by others.
13 2
CONTRACTOR'S responsibilities-
,13 5
cost of 13 4
covering Work prior to
13 6-13 7
Laws and Regulations (or)
„ 13 5
Notice of Defects
„ --, 13 1
OWNER May Stop Work „-
,,, , „ 13 10
OWNER's independent testing -
13.4
special, required by ENGINEER
9 6
timely notice required
„ , 13.4
Uncovering the Work, at ENGINEER's
request
13 8-13 9
Times --
Adjusting „
„ 66
Change of Contract
,12
Computation of.
„ 172
Contract Times --definition of
- - 1 12
day
17.22
Milestones -
„ 12
Requirements --
appeals ,,,
„ .9 10, 16
clarifications,
claims and disputes . --
„9-11, 112, 12
Commencement of Contract
Times„ .23
Preconstruction Conference
, 2.8
schedules -
2 6, 2.9, 6-6
Starting the Work
24
Title, Warranty of,
143
Uncovering Work
„ 13-8-13 9
Underground Facilities, Physical Conditions --
definition of . ... .
.. ..... .. „1 41
Not Shown or Indicated
„ 43.2
protection of
--, 43, 620
Shown or Indicated
43 1
Unit Price Work --
claims ---
I 1 9 3
definition of ,
„- - 1.42
general 11 9, 14 1, 145
Unit Prices—
generalll 3 1
Determination for ,--,
9.10
Use of Premises -
6.16, 6 18, 6 30 2 4
Utility owners -- - ,,,, - 6 13, 6 20, 7.1-73, 13.2
Utilization, Partial - 1 28,
5 15, 6 30 2 4, 14 10
Value of the Work
11 3
Values, Schedule of
-2 6, 2 8-2.9, 14 1
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
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41
Variations in Work --Minor
Authorized.
625, 627,95
Article or Paragraph
Number
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
630
Warranty of Title, CONTRACTOR's
143
Work --
Access to _ „
132
by others, _ .. „
.. 7
Changes in the
10
Continuing the, _.. ._ .
629
CONTRACTOR May Stop Work
or Terminate
..15 5
Coordination of
74
Cost of the,. _ _
11 4-11 5
definition of ._. .,
143
neglected by CONTRACTOR
13 14
other Work
7
OWNER May Stop Work . _
13 10
OWNER May Suspend Work
13 10, 151
Related, Work at Site,.
7 1-7 3
Starting the,
24
Stopping by CONTRACTOR
15 5
Stopping by OWNER .. _____ ..
-__15 1-15 4
Variation and deviation authorized, minor 3 6
Work Change Directive --
claims pursuant to ,
102
definition of.
1 44
principal references to . _
3 5 3, 10 1-10 2
Written Amendment --
definition of.. ,. ,
_. .,. . 145
principal references to_ .. 1 10,
3 5, 5.10,15 12,
........ 6 6.2, 6 8 2,
6 19, 10 1, 10 4,
.___ .. ._ _ 11.2,121,1312.2,1472
Written Clarifications and
Interpretations . ._
3 6 3, 9 4, 9 11
Written Notice Required --
by CONTRACTOR. __. .. ..
._7 1, 9 10-9 11,
., ___ ..
10 4, 112, 12 1
by OWNER ,_ ,_ 9 10-9 11, 10 4, 11.2, 13 14
xv EJCDC; GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
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xvi EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLUNS MODIFICATIONS (REV 9/99)
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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
11. Addenda --Written or graphic instruments issued
prior to the opening of Bids which clarify, correct or
change the Bidding Requirements or the Contract
Documents
1.2 Agreement —The written contract between OWNER
and CONTRACTOR covering the Work to be performed,
other Contract Documents are attached to the Agreement
and made a part thereof as provided therein
13 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
15 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.
111. Contract Pn,ce--The moneys payable by
OWNER to CONTRACTOR for completion of the Work
in accordance with the; Contract Documents as stated in
the Agreement (subject to the provisions of
paragraph 11 9.1 in the case of Unit Price Work)
1 12 Contract Times --The numbers of days or the
dates stated in the Agreement (i) to achieve Substantial
Completion, and (ii) to complete the Work so that it is
ready for final payment as evidenced by ENGINEER's
written recommendation of final payment in accordance
withparagraph 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 riot 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 1410).
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
116 Effectzve 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 famish
services as ENGINEER's independent professional
associate or consultant with respect to the Project and who
is identified as such in the Supplementary Conditions
1 19 Field Order --A written order issued by
ENGINEER which orders minor changes in the Work in
accordance with paragraph 9.5 but which does not involve
a change in the Contract Price or the Contract Times.
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
1.20 General Requirements --Sections of Division 1 of
the Specifications
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
1 22.a Laws and Regulations, Laws or Regulations --Any
and all applicable laws, rules, regulations, ordinances,
codes and orders of any and all governmental bodies,
agencies, authorities and courts having jurisdiction
1 22.b Legal Holidays--shall be those holidays observed
by the City of Fort Collins
123 Liens --Liens, charges, security interests or
encumbrances upon real property or personal property
1.24 Milestone --A principal event specified in the
Contract Documents relating to an intermediate completion
date or time prior to Substantial Completion of all the
Work
125 Notice of Award --A written notice by OWNER to
the apparent successful bidder stating that upon compliance
by the apparent successful bidder with the conditions
precedent enumerated therein, within the time specified,
OWNER will sign and deliver the Agreement
126. 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—Polychlormated biphenyls
130 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
131 Project --The total construction of which the Work
to be provided under the Contract Documents may be the
whole, or a part as indicated elsewhere in the Contract
Documents
1 32.a Radioactive Material —Source, special nuclear, or
byproduct material as defined by the Atomic Energy Act of
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
2 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
1954 (42 USC Section 2011 et seq.) as amended from
time to time
132 b Regular Working Hours —Regular working hours
are defined as 7 OOam to 6 OOpm unless otherwise
specified in the General Requirements
133 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 Specifications —Those portions of the Contract
Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and
workmanship as applied to the Work and certain
administrative details applicable thereto
137 Subcontractor --An individual, firm or corporation
having a direct contract with CONTRACTOR or with anv
other Subcontractor for the performance of a part of the
Work at the site.
138 Substantial Completion --The Work (or a
specified part thereof) has progressed to the point where,
in the opinion of ENGINEER as evidenced by
ENGINEER's definitive certificate of Substantial
Completion, it is sufficiently complete, in accordance with
the Contract Documents, so that the Work (or specified
part) can be utilized for the purposes for which it is
intended, or if no such certificate is issued, when the
Work is complete and ready for final payment as
evidenced by ENGINEER's written recommendation of
final payment in accordance with paragraph 14.13 The
terms "substantially complete" and "substantially
completed" as applied to all or part of the Work refer to
Substantial Completion thereof
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
furnish materials or equipment to be incorporated in the
Work by CONTRACTOR or any Subcontractor
141 Underground Facikties--All pipelines, conduits,
ducts, cables, wires, manholes, vaults, tanks, tunnels or
other such facilities or attachments, and any encasements
containing such facilities which have been installed
underground to furnish any of the following services or
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materials electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable
television, sewage and dramage 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 furnishing services and
furnishing documents, all as required by the Contract
Documents
144 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 nonengineering
or nontechnical rather than strictly construction -related
aspects of the Contract Documents
ARTICLE 2—PRELIMINARY 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.
2.2 OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary
Conditions) of the Contract Documents as are reasonably
necessary for the execution of the Work. Additional copies
will be furnished, upon request, at the cost of reproduction
Commencement of Contract Times, Notice to Proceed:
23 The Contract Times will commence to run on the
thirtieth day after the Effective Date of the Agreement, or,
if a Notice to Proceed is given, on the day indicated in the
Notice to Proceed A Notice to Proceed may be given at
any time within thirty days after the Effective Date of the
Agreement in ne event will the Gan4aet Time
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 continence to run
Before Starting Construction:
25 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
26 1 a preliminary progress schedule indicatmg
the times (numbers of days or dates) for starting and
completing the various stages of the Work, including
any Milestones specified in the Contract Documents,
2.6 2 a preliminary schedule of Shop Drawing and
Sample submittals which will list each required
submittal and the times for submitting, reviewing and
processing such submittal,
2.62 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 NE shall eaeh deliver to the
ethef OWNER with copies to eaeh add.`1 in
......�d
identified in the e1,....e.itaFy G,. ENGINEER,
ETCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
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certificates of insurance (and other evidence of insurance
reasonably —reEfaest requested by OWNER) which
CONTRACTOR &Rd QWTLD ' ^«"'^'-' is required
to purchase and maintain in accordance with
paragraphs 5 4 5 6 and 5.7
Preconstruction Conference:
28. 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:
29 Unless otherwise provided in the Contract
Documents, at least ten days be f re s..bnii.....8n of the fits
before any work at the site begins,
a conference attended by CONTRACTOR, ENGINEER
and others as appropriate designated by OWNER, will be
held to review for acceptability to ENGINEER as provided
below the schedules submitted in accordance with
paragraph 2 6 and Division 1 - General Requirements
CONTRACTOR shall have an additional ten days to make
corrections and adjustments and to complete and resubmit
the schedules No progress payment shall be made to
CONTRACTOR until the schedules are submitted to and
acceptable to ENGINEER as provided below The
progress schedule will be acceptable to ENGINEER as
providing an orderly progression of the Work to
completion within any specified Milestones and the
Contract Times, but such acceptance will neither impose on
ENGINEER responsibility for the sequencing, scheduling
or progress of the Work nor interfere with or relieve
CONTRACTOR from CONTRACTOR's full
responsibility therefor CONTRACTOR's schedule of
Shop Drawing and Sample submissions will be acceptable
to ENGINEER as providing a workable arrangement for
reviewing and processing the required submittals
CONTRACTOR's schedule of values will be acceptable to
ENGINEER as to form and substance
ARTICLE 3—CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
Intent.
3.1 The Contract Documents comprise the entire
agreement between OWNER and CONTRACTOR
concerning the Work. The Contract Documents are
complementary; what is called for by one is as binding as if
called for by all The Contract Documents will be
construed in accordance with the law of the place of the
Project.
32. It is the intent of the Contract Documents to
EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
describe a functionally complete Project (or part thereof)
to be constructed in accordance with the Contract
Documents Any Work, materials or equipment that may
reasonably be inferred from the Contract Documents or
from prevailing custom or trade usage as being required to
produce the intended result will be furnished and
performed whether or not specifically called for When
words or phrases which have a well-known technical or
construction industry or trade meaning are used to
describe Work, materials or equipment, such words or
phrases shall be interpreted in accordance with that
meaning Clarifications and interpretations of the Contract
Documents shall be issued by ENGINEER as provided in
paragraph 9 4.
3.3. Reference to Standards and Specifications of
Technical Societies; Reporting and Resolving
Discrepancies:
33 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
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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)
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.
34 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 53 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.
36 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:
37 CONTRACTOR, and any Subcontractor or
Supplier or other person or organization performing or
furnishing any of the Work under a direct or indirect
contract with OWNER (i) shall not have or acquire any
title to or ownership rights in any of the Drawings,
Specifications or other documents (or copies of any
thereof) prepared by or bearing the seal of ENGINEER or
ENGINEER's Consultant, and (ii) shall not reuse any of
such Drawings, Specifications, other documents or copies
on extensions of the Pioject or any other project without
written consent of OWNER and ENGINEER and specific
written verification or adaptation by ENGINEER
ARTICLE 4—AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
Availability of Lands
41. 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 ofCONTRACTOR Upeiifeasenablevfftt4etireqtiest,
..._.-...-...... .--........�... ...............bu. u..wa-cpc`v:r-orcrca.
lands upen .• hie .>,,, Werl' is tom,. be ,._r fined ..a
oxriZc S-niccrcaczrz.. wcrr
�r-a
e€ or filing a fneehm h lands
aeeerdanee •.�pFheable—La::s ' — - , ierl�
OWNER shall identify any encumbrances or restrictions
not of general application but specifically related to use of
lands so fumished 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 Editton)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
CONTRACTOR shall provide for all additional lands and
access thereto that may be required for temporary
construction facilities or storage of materials and
equipment.
4.2. Subsurface and Physical Conditions:
4.21 Reports and Drawings Reference is made to
the Supplementary Conditions for identification of
4.2 1.1 Subsurface Conditions Those reports of
explorations and tests of subsurface conditions at or
contiguous to the site that have been utilized by
ENGINEER in preparing the Contract Documents,
and
4 2 12 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
4222 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
4232 is of such a nature as to require a
change in the Contract Documents, or
4.233 differs materially from that shown or
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
6 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
indicated in the Contract Documents, or
4 2.3 4 is of an unusual nature, and differs
materially from conditions ordinarily encountered
and generally recognized as inherent in work of
the character provided for in the Contract
Documents, then
CONTRACTOR shall, promptly immediately after
becoming aware thereof and before further disturbing
conditions affected thereby or performing any Work in
connection therewith (except in an emergency as
permitted by paragraph 6 23), notify OWNER and
ENGINEER in writing about such condition
CONTRACTOR shall not further disturb such conditions
or perform any Work in connection therewith (except as
aforesaid) until receipt of written order to do so
4 2 4 ENGINEER's Review ENGINEER will
promptly review the pertinent conditions, determine the
necessity of OWNER's obtaining additional exploration or
tests with respect thereto and advise OWNER in writing
(with a copy to CONTRACTOR) of ENGINEER's
findings and conclusions
425 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
4.26 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,
4262 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;
4.263 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,
4 2 6 4 1 CONTRACTOR knew of
the existence of such conditions at the
time CONTRACTOR made a final
commitment to OWNER in respect of
Contract Price and Contract Times by the
submission of a bid or becoming bound
under a negotiated contract, or
42642 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
4264.3 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, Iosses or damages
sustained by CONTRACTOR on or in connection with any
other project or anticipated project
4.3. Physical Conditions —Underground Facilities:
43 1 Shown or Indicated The information and data
shown or indicated in the Contract Documents with
respect to existing Underground Facilities at or
contiguous to the site is based on information and data
furnished to OWNER or ENGINEER by the owners of
such Underground Facilities or by others Unless it is
otherwise expressly provided in the Supplementary
Conditions
43 11. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data; and
4.3 12 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, (u) locating
qp all Underground Facilities shown or indicated in the
dAh�l Contract Documents,(m) coordination of the Work
with the owners of such Underground Facilities
during construction, and (iv) the safety and
p[q protection of all such Underground Facilities as
iplp�l provided in paragraph 6.20 and repairing any
damage thereto resulting from the Work
4.32 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, promptly
immediately after becoming aware thereof and before
further disturbing conditions affected thereby or
performing any Work in connection therewith (except
in an emergency as required by paragraph 6 23),
identify the owner of such Underground Facility and
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 shah may be allowed an increase in
the Contract Price of an extension of the Contract
Times, or both, to the extent that they are attributable
to the existence of any Underground Facility that was
not shown or indicated in the Contract Documents
and that CONTRACTOR did not know of and could
not reasonably have been expected to be aware of or
to have anticipated If OWNER and CONTRACTOR
are unable to agree on entitlement to or the amount or
length of any such adjustment in Contract Price or
Contract Times, CONTRACTOR may make a claim
therefor as provided in Articles I I 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, Petroleum, Hazardous Waste or
Radioactive Material.•
45.1 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
EJCDC GENERAL CONDMONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
,._.
-; �•
_ff
.
MR
1. _
MIN
1i
..
y •.
4 5 4 T the ; lies' - —e.-A .e,fl.itted b) T . .,a
Reglatiens, OWNER shall indemnify and h,.la
haimiess CONT�zT-OR Sube,...t_aetef
E249D1EEIt, ENGPr EER's G..nsaltants and the
e#f3eers, direeters, efnpleyees,agent" ether
them ,:fem d against all daifas, est.. ,,., ses and-
dafnages eut of er ult..... F-..._. e
,
iess er damage h hl su-bedil.
ef !ble (ether than the We&
a ,
ifie1 aing h I F resulting _the,. G...... n
(ii) nething in this r a r
OWNER ED d fy n� �. p .hitty fFefn n
against
ewn fiez.h.ceftee.
paragraphs
nat intended te apply to A,bestes
PCBs _DotFeleum-
EICDC GENERAL CONDITIONS 1910-8 (1990 Edmon)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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 Compames" as published in
Circular 570 (amended) by the Audit Staff, Bureau of
Government Financial Operations, U S Treasury
Department All Bonds signed by an agent must be
accompanied by a certified copy of such agent's authority
to act.
52 If the surety on any Bond furnished by
CONTRACTOR is declared a bankrupt or becomes
insolvent or its right to do business is terminated in any
state where any part of the Project is located or it ceases to
meet the requirements of paragraph 5.1, CONTRACTOR
shall within ten days thereafter substitute another Bond
and surety, both of which must be acceptable to OWNER
5.3. Licensed Sureties and Insurers; Certificates of
Insurance:
53 1 All Bonds and insurance required by the
Contract Documents to be purchased and maintained
by OWNER or CONTRACTOR shall be obtained
from surety or insurance companies that are duly
licensed or authorized in the jurisdiction in which the
Project is located to issue Bonds or insurance policies
for the limits and coverages so required Such surety
and insurance companies shall also meet such
additional requirements and qualifications as may be
provided in the Supplementary Conditions
5.3 2 CONTRACTOR shall deliver to OWNER,
with copies to each additional insured identified in the
Supplementary Conditions, certificates of insurance
(and other evidence of insurance requested by
OWNER or any other additional insured) which
CONTRACTOR is required to purchase and maintain
in accordance with paragraph 5 4. ncxno ' al
deliver to CONTRACTOR, with eepies te eaeh
2
1I'
a'
11
i
i
�7
��l
9
4:
Ij
E,
lei
fl
CONTRACTOR's Liability Insurance:
54 CONTRACTOR shall purchase and maintain such
lability and other insurance as is appropriate for the Work
being performed and furnished and as will provide
protection from claims set forth below which may arise out
of or result from CONTRACTOR's performance and
furnishing of the Work and CONTRACTOR's other
obligations under the Contract Documents, whether it is to
be performed or furnished by CONTRACTOR, any
Subcontractor or Supplier, or by anyone directly or
indirectly employed by any of them to perform or furnish
any of the Work, or by anyone for whose acts any of them
may be liable
5 4.1. claims under workers' compensation, disability
benefits and other similar employee benefit acts,
5.4 2 claims for damages because of bodily injury,
occupational sickness or disease, or death of
CONTRACTOR's employees,
54.3 claims for damages because of bodily injury,
sickness or disease, or death of any person other than
CONTRACTOR's employees;
5 4.5 claims for damages, other than to the Work
itself, because of injury to or destruction of tangible
property wherever located, including loss of use
resulting therefrom; and
5 4 6 claims for damages because of bodily injury or
death of any 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;
54.8 include the specific coverages and be written
for not less than the limits of liability provided in the
Supplementary Conditions or required by Laws or
Regulations, whichever is greater,
5.4 9- include completed operations insurance,
5 4 10 include contractual lability 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:
Eenditter{s,
nnrrrrn—.rz�
_
slial!—perehas.. and fnaii,rais
the AIME-a the
the site In ametint
dedaettbl
As --as— ... ay be--previddea—in thee
Cen&+qns by Laws
--pples—t—i
B_eguIa4ie..�su
or requifed an
of cc it
c c n t,,.
Risk�ar,-
11
��
�--
epee
, �.n—a—
-----Builder's
..eek 1.
F 1
L.... C
Fisk" e
h
peril e
�
h Il 1
1 Je
f ..
h....ieal
less
�rm�..
...., .:
mice czvr-p+rr•�rcm—[v�.ror
..,I w,.. in
transit and shall
insure
against
at lea
the fellewiiig—p
Fils
fire, lightning,
—e*tende
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
eeverage,
theft, vandalism and
v¢heieus
:.rehie y
.
eat4liquake,—eels
debris...
...a.
deenti
eeeasione.I
by f nt of
La ..A�..,
De
�.li4ie fis-
water damage,
and sueh ether
perfis as
may be
5 L Z inelude.red
..ie
tl.e
in
b
limited te Fees afi.] h ges of
arehiteets}
..�¢,.7
G G n reevelfl-Ala♦ I d equipment
.tered_at
the site
agreed
b meefperated
in
the Alefki
.7 A 7 ..tier. fee
Dayme.H .
mmnndud
ineI d inYY
WIN- mi
WIN- mi
t0.1
me.-
59 OWNER shall not be responsible for purchasing
and maintaining any property insurance to protect the
interests of CONTRACTOR, Subcontractors or others rri
suffering
fAs
_ti may
A
•
•_ • .
.
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
10 W/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
............
•
• ••. • .
• ••
-
•
•
••.
•
. •
•
4
•
A• r
•
5--i 1 7 T ISSS due to business
less
mtefmpt.e..
less
f;aseether eensequential
extendin,.
a
damage
OWNER'.
or the Wefk eaused
by,
pert.
ltfie... fire
ansi,.f or
�b e err resulting
ether .. r.l
,
whether or ..et insured by OWNER,e...7
5!12 2
less damage
to the
or
pleted
fi
fest.lting fief.,
a
..e ether
red peril a roil
during
�lal
Pax
attltza4}en
puetia.nt—te
t,
14.8
after final
pufstiant
paraph
payment
C
i
F
E
0
e
!:E
ill..
'l•
0
---------------
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 reach. If no other special agreement is reached the
damaged Work shall be repaired or replaced, the moneys so
received applied on account thereof and the Work and the
cost thereof covered by an appropriate Change Order or
Written Amendment
5.13 OWNER as fiduciary shall have power to adjust
and settle any loss with the insurers unless one of the
parties in interest shall object in writing within fifteen days
after the occurrence of loss to OWNER's exercise of this
power. If such objection be made, OWNER as fiduciary
shall make settlement with the insurers in accordance with
such agreement as the parties in interest may reach If no
such agreement among the parties in interest is reached,
OWNER as fiduciary shall adjust and settle the loss with
the insurers rid' •` ea Tiff _ h Ft
., ,.,,.. ... and-pares-npreper interest, OWNER as fidueiaf�- shall give bond fer -flw
..eF f _.na wee e f such duties
Acceptance of Bonds and Insurance; Option to Replace:
5 14 If either paFt (01AL T> R er CONT- A_1z AC —TOR)
OWNER has any objection to the coverage afforded by or
other provisions of the Bends er insurance required to be
purchased and maintained by the etheF pafty
CONTRACTOR in accordance with Article 5 on the basis
of non-conformance with the Contract Documents, the
ebjeenn.- paFly shall se netify the ether party OWNER will
notify CONTRACTOR in writing within ten fifteen days
after reeeimpt delivery of the certificates (eethef eviddeneee
requested) to OWNER as required by paragraph 2.7
OWNER and CONTRACTOR CTO shall each p vide to th,.
p evided as the ether fna),-easenably-request 4 elth er
n fty .lees net purchase e_ ....,..term all of the Bends an
xtsum ee required -ef such -party b3 the-Gentraet
De ntn eh aFty shall etiF,_the ether .ty in
writing e f such fail ire to p _ehase p er to the stet of the
Wer-k er- e f such failure to fn ...tain pFier toanyehange :.,
the required eevetage 1, itheut . e , dfee te an ethers right
the expense e f the paFty whe was required to-preyivc -.niue
and s Change Of:def shell be tss ed to d aEbust the
D
ly
Partial Utilization -Property Insurance:
5.15 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 accomplished in accordance with paragraph 14 10;
provided that no such use: or occupancy shall commence
before the insurers providing the property insurance have
acknowledged notice thereof and in writing effected any
changes in coverage necessitated thereby The insurers
providing the property insurance shall consent by
endorsement on the policy or policies, but the property
insurance shall not be cancelled or permitted to lapse on
account of any such partial use or occupancy
ARTICLE 6-CONTRACTOR'S
RESPONSIBILITIES
Supervision and Superintendence:
61 CONTRACTOR shall supervise, inspect and
direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in
accordance with the Contract Documents.
CONTRACTOR shall be solely responsible for the means,
methods, techniques, sequences and procedures of
construction, but CONTRACTOR shall not be responsible
for the negligence of others in the design or specification
of a specific means, method, technique, sequence or
procedure of construction which is shown or indicated in
and expressly required by the Contract Documents
CONTRACTOR shall be responsible to see that the
completed Work compliers accurately with the Contract
Documents
62 CONTRACTOR shall keep on the Work at all
times during its progress a competent resident
superintendent, who shall not be replaced without written
notice to OWNER and ENGINEER except under
extraordinary circumstances The superintendent will be
CONTRACTOR's representative at the site and shall have
authority to act on behalf of CONTRACTOR. All
communications to the superintendent shall be as binding
as if given to CONTRACTOR
Labor, Materials and Equipment:
63. CONTRACTOR shall provide competent,
suitably qualified personnel to survey, lay out and
construct the Work as required by the Contract
Documents CONTRACTOR shall at all times maintain
good discipline and order at the site Except as otherwise
required for the safety or protection of persons or the
Work or property at the site or adjacent thereto, and
except as otherwise indicated in the Contract Documents,
all Work at the site shall be performed during regular
working hours and CONTRACTOR will not permit
overtime work or the performance of Work on Saturday,
Sunday or any legal holiday without OWNER's written
consent given after prior written notice to ENGINEER
CONTRACTOR shall submit requests to the ENGINEER
no less than 48 hours in advance of any Work to be
performed on Saturday, Sunday. Holidays or outside the
Regular Working Hours
E1CDC GENERAL CONDITIONS 1910-8 (1990 Edition) 11
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
6 4. Unless otherwise specified in the General
Requirements, CONTRACTOR shall furnish and assume
full responsibility for all materials, equipment, labor,
transportation, construction equipment and machinery,
tools, appliances, fuel, power, light, heat, telephone, water,
sanitary facilities, temporary facilities and all other
facilities and incidentals necessary for the furnishing,
performance, testing, start-up and completion of the Work.
6 4 1 Purchasing Restrictions CONTRACTOR
must complv with the City's purchasing restrictions A
cry of the resolutions are available for review in the
offices of the Purchasing and Risk Management
Division or the City Clerk's office
642 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
6.5 All materials and equipment shall be of good
quality and new, except as otherwise provided in the
Contract Documents All warranties and guarantees
specifically called for by the Specifications shall expressly
run to the benefit of OWNER. If required by ENGINEER,
CONTRACTOR shall furnish satisfactory evidence
(including reports of required tests) as to the kind and
quality of materials and equipment All materials and
equipment shall be applied, installed, connected, erected,
used, cleaned and conditioned in accordance with
instructions of the applicable Supplier, except as otherwise
provided in the Contract Documents
Progress Schedule:
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
6 6.1 CONTRACTOR shall submit to ENGINEER
for acceptance (to the extent indicated in
paragraph 2 9) proposed adjustments in the progress
schedule that will not change the Contract Times (or
Milestones) Such adjustments will conform generally
to the progress schedule then in effect and additionally
will comply with any provisions of the General
Requirements applicable thereto
6 6 2 Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones)
shall be submitted in accordance with the requirements
of paragraph 12 1 Such adjustments may only be
made by a Change Order or Written Amendment in
accordance with Article 12
6.7. Substitutes and "Or -Equal "Items:
6.7 1 Whenever an item of material or equipment is
specified or described in the Contract Documents by
using the name of a proprietary item or the name of a
particular Supplier, the specification or description is
intended to establish the type, function and quality
required. Unless the specification or description
EJCDC GENERAL. CONDITIONS 1910-8 (1990 Edition)
12 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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
1 i
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 If in ENGINEER's sole
discretion an item of material or equipment
proposed by CONTRACTOR does not qualify as
an "or -equal" item under subparagraph 6 7 1 1, it
will be considered a proposed substitute item
CONTRACTOR shall submit sufficient
h
information as provided below to allow
ENGINEER to determine that the item of material
r
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
u
s;
by the resulting change, all of which will be
considered by ENGINEER in evaluating the
proposed substitute ENGINEER may require
CONTRACTOR to furnish additional data about
the proposed substitute
6 7 13 CONTRACTORS Expense All data to be
provided by CONTRACTOR in support of any
proposed "or -equal" or substitute item will be at
CONTRACTOR' expense
672 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 famish or utilize a
substitute means, method, technique, sequence or
procedure of construction acceptable to ENGINEER
CONTRACTOR shall submit sufficient information to
allow ENGINEER, in ENGINEER's sole discretion, to
determine that the substitute proposed is equivalent to
that expressly called for by the Contract Documents
The procedure for review by ENGINEER will be
similar to that provided in subparagraph 6 7 1.2
6 7.3 Engineer's Evaluation ENGINEER will be
allowed a reasonable time within which to evaluate
each proposal or submittal made pursuant to
paragraphs 6.7 12 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
Shop Drawing. OWNER may require
CONTRACTOR to furnish at CONTRACTORS
expense a special performance guarantee or other
surety with respect to any "or -equal" or substitute
ENGINEER will record time required by
ENGINEER and ENGINEER's Consultants in
evaluating substitutes proposed or submitted by
CONTRACTOR pursuant to paragraphs 6 7.1.2 and
6 7.2 and in making changes in the Contract
Documents (or in the provisions of any other direct
pp contract with OWNER for work on the Project)
ty�9 occasioned thereby. Whether or not ENGINEER
accepts a substitute item so proposed or submitted by
CONTRACTOR, CONTRACTOR shall reimburse
OWNER for the charges of ENGINEER and
ENGINEER's Consultants for evaluating each such
proposed substitute item
6.8. Concerning Subcontractors, Suppliers and
Others:
6 8 1. CONTRACTOR shall not employ any
Subcontractor, Supplier or other person or organization
(including those acceptable to OWNER and
ENGINEER as indicated in paragraph 6 8 2), whether
initially or as a substitute, against whom OWNER or
ENGINEER may have reasonable objection
CONTRACTOR shall not be required to employ any
Subcontractor, Supplier or other person or organization
to famish or perform any of the Work against whom
CONTRACTOR has reasonable objection
6_9.
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 8 2 ifthe Ski plefneFAai: y r^"a .. Blddm
Documents require the identity of certain
Subcontractors, Suppliers or other persons or
organizations (including those who are to famish the
principal items of materials or equipment) to be
submitted to OWNER in ed:cr. ee of the ,."Deified
date prior to the Eflective Date of the Agreement for
acceptance by OWNER and ENGINEER
_ __,_f_-._.-_____�
OWNER's or ENGINEER's acceptance (either in
writing or by failing to make written objection thereto
by the date indicated for acceptance or objection in
the bidding documents or the Contract Documents) e€
—1-1—tien se ideRlified may be feVeked en the
." .. high ease GONTD kGTO shall ,.,.bruit a
��r x v-r Zvx��nurr�m�rxxrran
aE�usted by the
,.1, w"t'tut Den aid Lan .,te Change n_a,._
upon,."
will be fssued or Written Amefidmeiit signed will
constitute a condition of the Contract requiring the
use of the named subcontractors, suppliers or other
persons or organization on the Work unless pnor
written approval is obtained from OWNER and
ENGINEER No acceptance by OWNER or
ENGINEER of any such Subcontractor, Supplier or
other person or organization shall constitute a waiver
of any right of OWNER or ENGINEER to reject
defective Work
6 9 1 CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions
of the Subcontractors, Suppliers and other persons
and organizations performing or furnishing any of the
Work under a direct or indirect contract with
CONTRACTOR just as CONTRACTOR is
responsible for CONTRACTOWs 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
furnish to any subcontractor, supplier or other person
or organization evidence of amounts paid to
CONTRACTOR in accordance with
CONTRACTOR'S "Applications for Payment"
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
13
0
SECTION 00100
INSTRUCTIONS TO BIDDERS
1.0 DEFINED TERMS
Terms used in these Instructions to Bidders which are defined in the
Standard General Conditions of the Construction Contract (No. 1910-8, 1990
ed.) have the meanings assigned to them in the General Conditions. The
term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -
bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means
the lowest, qualified, responsible and responsive Bidder to whom OWNER (on
basis of OWNER's evaluation as hereinafter provided) makes an award. The
term "Bidding Documents" includes the Advertisement or Invitation to Bid,
Instructions to Bidders, the Bid Form, and the proposed Contract Documents
(including all Addenda issued prior to receipt of Bids).
2.0 COPIES OF BIDDING DOCUMENTS
2.1. Complete sets of Bidding Documents may be obtained as stated in the
Invitation to Bid. No partial sets will be issued. The Bidding Documents
may be examined at the locations identified in the Invitation to Bid.
2.2. Complete sets of Bidding Documents shall be used in preparing Bids;
neither OWNER nor Engineer assumes any responsibility for errors or
misinterpretations resulting from the use of incomplete sets of Bidding
Documents.
a 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.
Q3.0 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
a 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
a contract. The Statement of Qualifications shall be prepared on the form
provided in Section 00420.
D 7/96
Section 00100 Page 1
0
6.9 2. CONTRACTOR shall be solely responsible
for scheduling and coordinating the Work of
Subcontractors, Suppliers and other persons and
organizations performing or furnishing any of the
Work under a direct or indirect contract with
CONTRACTOR. CONTRACTOR shall require all
Subcontractors, Suppliers and such other persons and
organizations performing or furnishing any of the
Work to communicate with the ENGINEER through
CONTRACTOR
6 10 The divisions and sections of the Specifications and
the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among
Subcontractors or Suppliers or delineating the Work to be
performed by any specific trade
611 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 Whenever any eh agFeement
paraob
GONTP6kGTOR and the SubeentFaE48F of lier wiP
rr
waives it fights ng GIAL iE ONTD AGTG
I NGMEE nwi ER'S C`e......lta C`
fA and all
Ad 1 insureds f - all losses and damages ,.__..ed b
f I . �- g ,.fn any of the .. _.Is a ered_ti
arising
-a - peliews and
n E)the pfepems., e applieablo_ta
the WBr1E If thesuch peheieo_.equir
sepairate
SuppheF, GONT-RAG OR will ebtain the same
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
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
14
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
Permits:
6 13 Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all
construction permits and licenses OWNER shall assist
CONTRACTOR, when necessary, in obtaining such
permits and licenses CONTRACTOR shall pay all
governmental charges and inspection fees necessary for
the prosecution of the Work, which are applicable at the
time of opening of Bids, or, if there are no Bids, on the
Effective Date of the Agreement CONTRACTOR shall
pay all charges of utility owners for connections to the
Work, and OWNER shall pay all charges of such utility
owners for capital costs related thereto such as plant
investment fees
6.14. Laws and Regulations:
6 14 1 CONTRACTOR shall rive 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 exempt from Colorado State and
local sales and use taxes on materials to be
Permanently incorporated into the project. Said taxes
shall not be included in the Contract Price.
CONTRACTOR must apply for, and receive. a
Certificate of Exemption from the Colorado
Department of Revenue for construction materials to
be physically incorporated into the protect This
Certification of Exemption provides that the
CONTRACTOR shall neither pav nor include in his
Bid. Sales and Use Taxes on those building and
construction materials Dhvsical(v uicoroorated into
the project
Address
Colorado Department of Revenue
State Capital Annex
LP
4
K
j ?]
R
t` ,3
V
1375 Sherman Street
Denver, Colorado, 80261
Sales and Use Taxes for the State of Colorado,
Reilional 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 (includine State
collected taxes), on anv items other than construction
and building materials physically incorporated into the
protect are to be paid by CONTRACTOR and are to
be included in appropriate bid items
Use of Premises:
6.16 CONTRACTOR shall confine construction
equipment, the storage of materials and equipment and the
operations of workers to the site and land and areas
identified in and permitted by the Contract Documents and
other land and areas permitted by Laws and Regulations,
rights -of -way, permits and easements, and shall not
unreasonably encumber the premises with construction
equipment or other materials or equipment
CONTRACTOR shall assume full responsibility for any
damage to any such land or area, or to the owner or
occupant thereof or of any adjacent land or areas, resulting
from the performance of the Work Should any claim be
made by any such owner or occupant because of the
performance of the Work, CONTRACTOR shall promptly
settle with such other party by negotiation or otherwise
resolve the claim by arbitration or other dispute resolution
proceeding or at law. CONTRACTOR shall, to the fullest
extent permitted by Laws and Regulations, indemnify and
hold harmless OWNER, ENGINEER, ENGMEER's
Consultant and anyone directly or indirectly employed by
any of them from and against all claims, costs, losses and
damages arising out of or resulting from any claim or
action, legal or equitable, brought by any such owner or
occupant against OWNER, ENGINEER or any other party
indemnified hereunder to the extent caused by or based
upon CONTRACTOR'S performance of the Work.
6 17 During the progress of the Work, CONTRACTOR
shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the
Work At the completion of the Work CONTRACTOR
shall remove all waste materials, rubbish and debris from
and about the premises as well as all tools, applianees,
construction equipment and machinery and surplus
materials CONTRACTOR shall leave the site clean and
ready for occupancy by OWNER at Substantial
Completion of the Work CONTRACTOR shall restore to
original condition all property not designated for alteration
by the Contract Documents
6.18 CONTRACTOR shall not load nor permit any part
of any structure to be loaded in any manner that will
endanger the structure, nor shall CONTRACTOR subject
any part of the Work or adjacent property to stresses or
pressures that will endanger it
Record Documents:
6 19 CONTRACTOR shall maintain in a safe place at
the site one record copy of all Drawings, Specifications,
Addenda, Written Amendments, Change Orders, Work
Change Directives, Field Orders and written
interpretations and clarifications (issued pursuant to
paragraph 9 4) in good order and annotated to show all
changes made during construction These record
documents together with all approved Samples and a
counterpart of all approved Shop Drawings will be
available to ENGINEER for reference Upon completion
of the Work, and prior to release of final payment, these
record documents, Samples and Shop Drawings will be
delivered to ENGINEER for OWNER.
Safety and Protection:
620 CONTRACTOR shall be responsible for
initiating, maintaining and supervising all safety
precautions and programs in connection with the Work.
CONTRACTOR shall take all necessary precautions for
the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to
6 20 1. all persons on the Work site or who may be
affected by the Work
6 20 2 all the Work and materials and equipment to
be incorporated therein, whether in storage on or off
the site, and
6.20 3 other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities and Underground
Facilities not designated for removal, relocation or
replacement in the course of construction
CONTRACTOR shall comply with all applicable Laws
and Regulations of any public body having jurisdiction for
safety of persons or property or to protect them from
damage, injury or loss, and shall erect and maintain all
necessary safeguards for such safety and protection
CONTRACTOR shall notify owners of adjacent property
and of Underground Facilities and utility owners when
prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal, relocation
and replacement of their property All damage, injury or
loss to any property referred to in paragraphs 6 20 2 or
6 20 3 caused, directly or indirectly, in whole or in part, by
CONTRACTOR, any Subcontractor, Supplier or any
other person or organization directly or indirectly
employed by any of them to perform or furnish any of the
Work or anyone for whose acts any of them may be liable,
shall be remedied by CONTRACTOR (except damage or
loss attributable to the fault of Drawings or Specifications
or to the acts or omissions of OWNER or ENGINEER or
ENGINEER's Consultant or anyone employed by any of
them or anyone for whose acts any of them may be liable,
and not attributable, directly or indirectly, in whole or in
part, to the fault or negligence of CONTRACTOR or any
Subcontractor, Supplier or other person or organization
directly or indirectly employed by any of them)
CONTRACTOR's duties and responsibilities for the safety
and protection of the Work shall continue until such time
as all the Work is completed and ENGINEER has issued a
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 15
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
notice to OWNER and CONTRACTOR in accordance
with paragraph 14 13 that the Work is acceptable (except as
otherwise expressly provided in connection with
Substantial Completion)
6.21. Safety Representative:
CONTRACTOR shall designate a qualified and
experienced safety representative at the site whose duties
and responsibilities shall be the prevention of accidents and
the maintaining and supervising of safety precautions and
programs
Hazard Communication Programs:
6 22 CONTRACTOR shall be responsible for
coordinating any exchange of material safety data sheets or
other hazard communication information required to be
made available to or exchanged between or among
employers at the site in accordance with Laws or
Regulations
Emergencies:
623 In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto, CONTRACTOR, without special instruction or
authorization from OWNER or ENGINEER, is obligated to
act to prevent threatened damage, injury or loss
CONTRACTOR shall give ENGINEER prompt written
notice if CONTRACTOR believes that any significant
changes in the Work or vanations 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
EJCDC GENERAL CONDITIONS 1910-3 (1990 Ediuon)
16 w/ CiTY OF FORT COLLINS MODIFICATIONS (REV 42000)
purposes required by paragraph 6 26 The numbers
of each Sample to be submitted will be as specified in
the Specifications
6.25. Submittal Procedures:
6.25.1. Before submitting each Shop Drawing or
Sample, CONTRACTOR shall have determined and
verified•
6.2511 all field measurements, quantities,
dimensions, specified performance criteria,
installation requirements, materials, catalog
numbers and similar information with respect
thereto,
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
C
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
a 6.27 ENGINEER's review and approval of Shop
Drawings or Samples shall not relieve CONTRACTOR
from responsibility for any variation from the requirements
of the Contract Documents unless CONTRACTOR has in
writing called ENGINEER's attention to each such
variation at the Mite 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 I approval, nor will any approval by
ENGINEER relieve ICONTRACTOR from responsibility
for complying with the requirements of paragraph 6.25 1
628 Where a Shop Drawing or Sample is required by
the Contract Documents or the schedule of Shop Drawing
and Sample submissions accepted by ENGINEER as
required by paragraph 2 9, any related Work performed
prior to ENGINEER's review and approval of the pertinent
submittal will be at the sole expense and responsibility of
CONTRACTOR
Continuing the Work.
629 CONTRACTOR shall carry on the Work and
adhere to the progress schedule during all disputes or
disagreements with OWNER No Work shall be delayed or
postponed pending) resolution of any disputes or
disagreements, except as permitted by paragraph 15 5 or as
OWNER and CONTRACTOR may otherwise agree in
writing
6.30. CONTR,4CTOR's General Warranty and
Guarantee:
6.30 1 CONTRACTOR warrants and guarantees to
OWNER, ENGINEER and ENGINEER's Consultants
that all Work will be in accordance with the Contract
Documents and will not be defective
CONTRACTOR's warranty and guarantee hereunder
aexcludes defects nor damage caused by
630.1 1 abuse, modification or improper
maintenance or operation by persons other than
CONTRACTOR, Subcontractors or Suppliers; or
6 30 1.2. normal wear and tear under normal
usage
6 30 2 CONTRACTOR's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute None of the following
Will constitute an acceptance of Work that is not in
accordance with the Contract Documents or a release
of CONTRACTOR's obligation to perform the Work
in accordance with the Contract Documents•
6 30 2 1 observations by ENGINEER,
6 30 2.2 recommendation of any progress or
final payment by ENGINEER,
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,
63025 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
notice of acceptability by ENGINEER pursuant
to paragraph 14 13,
63027 any inspection, test or approval by
others, or
63028 any correction of defective Work by
OWNER
Indemnification:
631 To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's
Consultants and the officers, directors, employees, agents
and other consultants of each and any of them from and
against all claims, costs, losses and damages (including,
but not limited to, all fees and charges of engineers,
architects, attorneys and other professionals and all court
or arbitration or other dispute resolution costs) caused by,
arising out of or resulting from the performance of the
Work, provided that any such claim, cost, loss or damage
(I) is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of tangible property
(other than the Work itself), including the loss of use
resulnng therefrom, and (u) is caused in whole or in part
by arty negligent act or omission of CONTRACTOR, any
Subcontractor, any Supplier, any person or organization
directly or indirectly employed by any of them to perform
or furnish any of the Work or anyone for whose acts any
of them may be liable, regardless of whether or not caused
in part by any negligence or omission of a person or entity
indemnified hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations
regardless of the negligence of any such person or entity.
6 32 In any and all claims against OWNER or
ENGINEER or any of their respective consultants, agents,
officers, directors or employees by any employee (or the
survivor or personal representative of such employee) of
CONTRACTOR, any Subcontractor, any Supplier, any
person or organization directly or indirectly employed by
EICDC GENERAL. CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
17
any of them to perform or furnish any of the Work or
anyone for whose acts any of them may be liable, the
indemnification obligation under paragraph 6 31 shall not
be limited in any way by any limitation on the amount or
type of damages, compensation or benefits payable by or
for CONTRACTOR or any such Subcontractor, Supplier or
other person or organization under workers' compensation
acts, disability benefit acts or other employee benefit acts
6.33 The indemnification obligations of
CONTRACTOR under paragraph 6.31 shall not extend to
the liability of ENGINEER and ENGINEER's Consultants,
officers, directors, employees or agents caused by the
professional negligence, errors or omissions of any of them
Survival of Obligations:
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:
71. OWNER may perform other work related to the
Project at the site by OWNER's own forces, or let other
direct contracts therefor which shall contain General
Conditions similar to these, or have other work performed
by utility owners If the fact that such other work is to be
performed was not noted in the Contract Documents, then
(i) written notice thereof will be given to CONTRACTOR
prior to starting any such other work and
(ii) CONTRACTOR may make a claim therefor as
provided in Articles 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 parry 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
EJCDC GENERAL. CONDMONS 1910-8 (1990 Edition)
18
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
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:'
74 1 the person, firm or corporation who will have
authority and responsibility for coordination of the
activities among the various prune contractors will be
identified,
742 the specific matters to be covered by such
authority and responsibility will be itemized, and
7 4 3 the extent of such authority and
responsibilities will be provided
Unless otherwise provided in the Supplementary
Conditions, OWNER shall have sole authority and
responsibility in respect of such coordination.
ARTICLE 8—OWNER'S RESPONSIBILITIES
8 1 Except as otherwise provided in these General
Conditions, OWNER shall issue all communications to
CONTRACTOR through ENGINEER.
82 In case of termination of the employment of
ENGINEER. OWNER shall appoint an engineer again
whose status under the Contract Documents shall be that
of the former ENGINEER
83 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
84 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 OWNERS 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
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structures at or contiguous to the site that have been utilized
by ENGINEER in preparing the Contract Documents
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86 OWNER is obligated to execute Change Orders as
indicated in paragraph 10 4
87. OWNER'S responsibility in respect of certain
inspections, tests land approvals is set forth in
paragraph 13 4
88 In connection with OWNER's right to stop Work or
suspend Work, see paragraphs 13 10 and 15.1
Paragraph 15 2 deals with OWNER's right to terminate
services of CONTRACTOR under certain circumstances
89. The OWNER shall not supervise, direct or have
control or authority over, nor be responsible for,
CONTRACTOR's means, methods, techniques, sequences
or procedures of construction or the safety precautions and
programs incident thereto, or for any failure of
CONTRACTOR to I comply with Laws and Regulations
applicable to the furnishing or performance of the Work
OWNER will not be responsible for CONTRACTOR's
failure to perform or', furnish the Work in accordance with
the Contract Documents
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ARTICLE 9—ENGINEER'S STATUS DURING
CONSTRUCTION!
OWNER's Representative:
1
91. ENGINEER will be OWNER's representative
during the construction period. The duties and
responsibilities and the limitations of authority of
ENGINEER as I OWNER's representative during
construction are set forth in the Contract Documents and
shall not be extended without written consent of OWNER
and ENGINEER
Visits to Site:
92. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction as
ENGINEER deems necessary in order to observe as an
experienced and qualified design professional the progress
that has been made and the quality of the various aspects
of CONTRACTOR's executed Work Based on
information obtained during such visits and observations,
ENGINEER will endeavor for the benefit of OWNER to
detennine, in general, if the Work is proceeding in
accordance with the Contract Documents. ENGINEER
will not be required to make exhaustive or continuous on -
site inspections to check the quality or quantity of the
Work ENGINEER's efforts will be directed toward
providing for OWNER a greater degree of confidence that
the completed Work will conform generally to the
Contract Documents On the basis of such visits and on -
site observations, ENGINEER will keep OWNER
informed of the progress of the Work and will endeavor to
guard OWNER against defective Work ENGINEER's
visits and on -site observations are subject to all the
limitations on ENGINEER's authority and responsibility
set forth in paragraph 9.13, and particularly, but without
limitation, during or as a result of ENGINEER's on -site
visits or observations of CONTRACTOR's Work
ENGINEER will not supervise, direct, control or have
authority over or be responsible for CONTRACTOR's
means, methods, techniques, sequences or procedures of
construction, or the safety precautions and programs
incident thereto, or for any failure of CONTRACTOR to
comply with Laws and Regulations applicable to the
furnishing or performance of the Work
Project Representative:
93 If OWNER and ENGNEER agree, ENGINEER
will furnish a Resident Project Representative to assist
ENGINEER in providing more continuous observation of
the Work The responsibilities and authority and
limitations thereon of any such Resident Project
Representative and assistants will be as provided in
paragraphs 9 3 and 9 13
G—enditieas of these General Conditions If OWNER
designates another representative or agent to represent
OWNER at the site who is not ENGINEER's Consultant,
agent or employee, the responsibilities and authority and
limitations thereon of such other person will be as
provided in the Supplementa—, r,.nditieii. paragraph 9 3
9 3 1_ _ The Representative's dealmQs in matters
pertaining to the on -site work will. in general, be with
the ENGINEER and CONTRACTOR. But. the
Representative will keep the OWNER properly
advised about such matters. The Representative's
dealings with subcontractors will onlv be through or
with the full knowledge and approval of the
CONTRACTOR
93.2 Duties and Responsibilities Representative
will
9 3 2 1 Schedules Review the orogress
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 19
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schedule and other schedules prepared by the
CONTRACTOR and consult with the
ENGINEER concerning acceptability
9.3 2.2. Conferences and Meeting - Attend
meeting with the CONTRACTOR such as
preconstruction conferences. progress meetings
and other iob conferences and prepare and
circulate copies of minutes of meetings
9.3 2 3 Liaison
9.3.2.31 Serve as ENGINEER'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 2.13. 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 2 4 Review of Work. Rejection of Defective
Work, Inspections and Tests -
93241. 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 ENGINEER
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 reiected or should be uncovered
for observation, or requires special testing,
inspection or approval.
93.2.4 3 Accomnanv visiting inspectors
representing public or other agencies having
jurisdiction over the Project, record the results
of these inspections_ and report to the
ENGINEER.
9.325 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
932.6 Modifications Consider and
evaluate CONTRACTOR'S suggestions for
EJCDC GENERAL CONDITIONS 1910.8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
modification in Drawings or Specifications and
report these recommendations to ENGINEER
Accurately transmit W CONTRACTOR
decisions issued by the ENGINEER
9 3 2 7 Records
documents
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 major tests.
inspections or start of important phases of the
Work
9 3 2 83. Draft proposed Change Orders
and Work Directive Changes, obtaining
backup material from the CONTRACTOR
and recommend to ENGINEER Change
Orders. Work Directive Changes and field
orders
9.328.4 Report immediately to
ENGINEER and OWNER the occurrence of
any accident
9 3 2 9. Pavment 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 payment requested to the schedule of values
work completed and materials and equipment
delivered at the site but not incomorated in the
Work 1
9 3 2 10 Completion
9 3 2.110 1 Before ENGINEER issues a
Certificate of Substantial Completion, submit
to CONTRACTOR a list of observed items
requiring correction or completion
932.102. Conduct final inspection in the
company of the ENGINEER. OWNER and
CONTRACTOR and prepare a final list of
items to be corrected or completed
9 3.2 10 3 Observe that all items on the
final list have been corrected or completed and
make I recommendations to ENGINEER
concerning acceptance
i
9 3.3 Limitation of Authority The Representative shall
not.
9 3 3 1 I Authorize any deviations from the
Contract Documents or accept anv substitute
materials or equipment, unless authorized by the
ENGINEER
9 3 3 2 Exceed limitations of ENGINEER'S
authoritv as set forth in the Contract Documents
93 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 any aspect of the
means, methods, techniques, sequences or
procedures for construction unless such is
specifically called for in the Contract Documents
9 3.15 : Advise on or issue directions
regarding I or assume control over safety
precaution's and programs in connections with the
Work
9336. Accept Shop Drawings or sample
submittals! from anvone other than the
CONTRACTOR
9 3 3 7 Authorize OWNER to occupv the
Work in whole or in part
9 3 3 8 1 Participate in specialized field or
laboratorv,tests or inspections conducted by others
except as specifically authorized by the
ENGINEER
Clarifications and Interpretations:
94 ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COELINS MODIFICATIONS (REV 4/2000)
requirements of the Contract Documents (in the form of
Drawings or otherwise) as ENGINEER may determine
necessary, which shall be consistent with the intent of and
reasonably inferable from the Contract Documents. Such
written clarifications and interpretations will be binding on
OWNER and CONTRACTOR If OWNER or
CONTRACTOR believes that a written clarification or
interpretation justifies an adjustment in the Contract Price
or the; Contract Times and the parties are unable to agree
to the amount or extent thereof, if any, OWNER or
CONTRACTOR may make a written claim therefor as
provided in Article 1 I or Article 12
Authorized Variations in Work:
95 ENGINEER may authorize minor variations in
the Work from the requirements of the Contract
Documents which do not involve an adjustment in the
Contract Price or the Contract Times and are compatible
with the design concept of the completed Project as a
functioning whole as indicated by the Contract
Documents These may be accomplished by a Field Order
and will be binding on OWNER and also on
CONTRACTOR who shall perform the Work involved
promptly If OWNER or CONTRACTOR believes that a
Field Order justifies an adjustment in the Contract Price or
the Contract Times and the parties are unable to agree as
to the amount or extent thereof, OWNER or
CONTRACTOR may make a written claim therefor as
provided in Article 11 or 12.
Rejecting Defective Work:
96 ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective,
or that ENGINEER believes will not produce a completed
Project that conforms to the Contract Documents or that
will prejudice the integrity of the design concept of the
completed Project as a functioning whole as indicated by
the Contract Documents ENGINEER will also have
authority to require special inspection or testing of the
Work as provided in paragraph 13 9, whether or not the
Work, is fabricated, installed or completed
Shop Drawings, Change Orders and Payments:
97 In connection with ENGINEER's authority as to
Shop Drawings and Samples, see paragraphs 6.24 through
6 28 inclusive.
98 In connection with ENGINEER's authority as to
Change Orders, see Articles 10, 11, and 12
99 In connection with ENGINEER's authority as to
Applications for Payment, see Article 14.
Determinations for Unit Prices:
910 ENGINEER will determine the actual quantities
and classifications of Unit Price Work performed by
CONTRACTOR. ENGINEER will review with
CONTRACTOR the ENGINEER's preliminary
determinations on such matters before rendering a written
decision thereon (by recommendation of an Application
21
for Payment or otherwise) ENGINEER's written decision
thereon will be final and binding upon OWNER and
CONTRACTOR, unless, within ten days after the date of
any such decision, either OWNER or CONTRACTOR
delivers to the other and to ENGINEER wntten notice of
intention to appeal from ENGINEER's decision and (i) an
appeal from ENGNEER's decision is taken within the time
limits and in accordance with the procedures set forth in
Exhibit GC -A, "Dispute Resolution Agreement", entered
into between OWNER and CONTRACTOR pursuant to
Article 16, or (ii) if no such Dispute Resolution Agreement
has been entered into, a formal proceeding is instituted by
the appealing parry in a forum of competent jurisdiction to
exercise such rights or remedies as the appealing party may
have with respect to ENGINEER's decision, unless
otherwise agreed in writing by OWNER and
CONTRACTOR. Such appeal will not be subject to the
procedures of paragraph 9 11
Decisions on Disputes:
9 11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder Claims, disputes and
other matters relating to the acceptability of the Work or
the interpretation of the requirements of the Contract
Documents pertaining to the performance and furnishing of
the Work and claims under Articles 11 and 12 in respect of
changes in the Contract Price or Contract Tunes 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 and the claimant
within thirty days after receipt of the claimant's last
submittal (unless ENGINEER allows additional time)
ENGINEER will render a formal decision in writing within
thirty days after receipt of the opposing party's submittal, if
any, in accordance with this paragraph ENGINEER's
written decision on such claim, dispute or other matter will
be final and binding upon OWNER and CONTRACTOR
unless (i) an appeal from ENGINEER's decision is taken
within the time limits and in accordance with the
procedures set forth in EXHIBIT GC -A, "Dispute
Resolution Agreement", entered into between OWNER and
CONTRACTOR pursuant to Article 16, or (ii) if no such
Dispute Resolution Agreement has been entered into, a
written notice of intention to appeal from ENGINEER's
written decision is delivered by OWNER or
CONTRACTOR to the other and to ENGINEER within
thirty days after the date of such decision and a formal
proceeding is instituted by the appealing party in a forum of
competent jurisdiction to exercise such rights or remedies
as the appealing party may have with respect to such claim,
dispute or other matter in accordance with applicable Laws
and Regulations within sixty days of the date of such
EJCDC GENERAL. CONDITIONS 1910-8 (1990 Edition)
22 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
decision, unless otherwise agreed in writing by OWNER J
and CONTRACTOR
912 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 Aith any interpretation or decision
rendered in good faith in such capacity The rendering of
a decision by ENGINEER pursuant to paragraphs 9 10 or
9 11 with respect to any such claim, dispute or other
matter (except any which have been waived by the making
or acceptance of final payment as provided in
paragraph 14.15) will be a condition precedent to any
exercise by OWNER or CONTRACTOR of such rights or _
remedies as either may otherwise have under the Contract
Documents or by Laws or Regulations in respect of any
such claim, dispute or other matter purse
9.13. Limitations on ENGINEER's 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 u
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 `J
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 J
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 v
and approvals and other documentation required to be
delivered by paragraph 1412 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
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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
101 Without invalidating the Agreement and without
notice to any surety, IOWNER may, at any time or from
time to time, order additions, deletions or revisions in the
Work Such additions, deletions or revisions will be
authorized by a Written Amendment, a Change Order, or a
Work Change Directive. Upon receipt of any such
document, CONTRACTOR shall promptly proceed with
the Work involved which will be performed under the
applicable condrtions'of the Contract Documents (except as
otherwise specifically! provided)
10 2. If OWNER and CONTRACTOR are unable to
agree as to the extent, if any, of an adjustment in the
Contract Price or an adjustment of the Contract Times that
should be allowed as'a result of a Work Change Directive,
a claim may be made therefor as provided in Article 1 I or
Article 12 '
103 CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Times
with respect to any Work performed that is not required by
the Contract Documents as amended, modified and
supplemented as provided in paragraphs 3 5 and 3 6, except
in the case of an emergency as provided in paragraph 6.23
or in the case of , uncovering Work as provided in
paragraph 13 9
104 OWNER, and CONTRACTOR shall execute
appropriate Change Orders recommended by ENGINEER
(or Written Amendments) covering•
10 4 1 changes in the Work which are (I) ordered
by OWNER pursuant to paragraph 10.1, (u) required
because of acceptance of defective Work under
paragraph 13 13, or correcting defective Work under
paragraph 13.14, or (iii) agreed to by the parties,
104.2 changes in the Contract Price or Contract
Times which are agreed to by the parties, and
1043 changes in the Contract Price or Contract
Times which embody the substance of any written
decision rendered by ENGINEER pursuant to
paragraph 9 11;!
provided that, in lieu (of executing any such Change Order,
an appeal may be i taken from any such decision in
accordance with the provisions of the Contract Documents
and applicable Laws and Regulations, but during any such
appeal, CONTRACTOR shall carry on the Work and
adhere to the progress schedule as provided in
paragraph 6 29,
105 If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
(including, but not limited to, Contract Price or Contract
Times) is required by the provisions of any Bond to be
given to a surety, the giving of any such notice will be
CONI'RACTOR's responsibility, and the amount of each
applicable Bond will be adjusted accordingly
ART [CLE 11—CHANGE OF CONTRACT PRICE
I11 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 the party making the claim to
the other party and to ENGINEER promptly (but in no
event later than thirty days) after the start of the
occurrence or event giving rise to the claim and stating the
general nature of the claim Notice of the amount of the
claim with supporting data shall be delivered within sixty
days after the start of such occurrence or event (unless
ENG [NEER allows additional time for claimant to submit
additional or more accurate data in support of the claim)
and shall be accompanied by claimant's written statement
That the adjustment claimed covers all known amounts to
which the claimant is entitled as a result of said
occurrence or event All claims for adjustment in the
Contract Price shall be determined by ENGINEER in
accordance with paragraph 9.11 if OWNER and
CONTRACTOR cannot otherwise agree on the amount
involved No claim for an adjustment in the Contract
Price will be valid if not submitted in accordance with this
paragraph 11.2.
11.3 The value of any Work covered by a Change
Order or of any claim for an adjustment in the Contract
Price will be determined as follows.
H 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
rM EJCDC GENERAL CONDITIONS 1910-8 (1990 E&non) 23
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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, Dudgment, 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 u
relating to the contract or service, (6) the sufficiency of the financial
resources and ability of the bidder to perform the contract or provide the
service, (7) the quality, availability and adaptability of the materials
and services to the particular use required, (6) the ability of the bidder
to provide future maintenance and service for the use of the subject of the
contract, and (9) any other circumstances which will affect the bidder's
performance of the contract.
3.3. Each Bidder may be required to show that he has handled former Work
so that no just claims are pending against such Work. No Bid will be `J
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.
4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1. It is the responsibility of each Bidder, before submitting a Bid, to
(a) examine the Contract Documents thoroughly, (b) visit the site to
familiarize himself with local conditions that may in any manner affect
cost, progress or performance of the Work, (c) familiarize himself with
federal, state and local laws, ordinances, rules and regulations that may
in any manner affect cost, progress or performance of the Work, (d) study
and carefully correlate Bidder's observations with the Contract Documents,
and (e) notify Engineer of all conflicts, errors or discrepancies in the
Contract Documents.
4.2. Reference is made to the Supplementary Conditions for identification
of: Subsurface and Physical Conditions SC-4.2. 1
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 U
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 ^'
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paragraphs 11 9.1 through 11.9.3, inclusive);
113.2 where the Work involved is not covered by
unit prices contained in the Contract Documents, by a
mutually agreed payment basis, including lump sum
(which may include an allowance for overhead and
profit not necessarily in accordance with
paragraph 116 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 114 and 11 5)
plus a CONTRACTOR's fee for overhead and profit
(determined as provided in paragraph 11 6)
Cost of the Work:
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 melude, 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 and _went benefits �ienusesr
sick i n HAid • a applicable thereto.
The expenses of performing Work after regular
working hours, on Saturday, Sunday or legal holidays,
shall be included in the above to the extent authorized
by OWNER
11.4 2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field
services required in connection therewith. All cash
discounts shall accrue to CONTRACTOR unless
OWNER deposits funds with CONTRACTOR with
which to make payments, in which case the cash
discounts shall accrue to OWNER All trade
discounts, rebates and refunds and returns from sale of
surplus materials and equipment shall accrue to
OWNER, and CONTRACTOR shall make provisions
so that they may be obtained
114 3. Payments made by CONTRACTOR to the
Subcontractors for Work performed or furnished by
Subcontractors If required by OWNER,
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edmon)
24 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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 `J
Cost of the Work and fee as provided in
paragraphs 114, 115, 116 and 117. All
subcontracts shall be subject to the other provisions of
the Contract Documents insofar as applicable
1144 Costs of special consultants (including but
not limited to engineers, architects, testing
laboratories, surveyors, attorneys and accountants) J
employed for services specifically related to the
Work
114.5 Supplemental costs including the following:
1145 1 The proportion of necessary
transportation, travel and subsistence expenses of
CONTRACTOR's employees incurred in
discharge of duties connected with the Work
11452. 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
11453 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.
114.54. Sales, consumer, use or similar taxes
related to the Work, and for which
CONTRACTOR is liable, imposed by Laws and
Regulations
1145 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
11456. 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
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performance and furnishing of the Work (except
losses and damages within the deductible amounts
of property linsurance established by OWNER in
accordance I with paragraph 5 9), provided they
have resulted from causes other than the
negligence i 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 jmade 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 116 2
1145.7 The cost of utilities, fuel and sanitary
facilities at the site.
11 4.5 8. Minor expenses such as telegrams,
long distance telephone calls, telephone service at
the site, expressage and similar petty cash items in
connection with the Work
11459. ,Cost of premiums for additional Bonds
and insurance required because of changes in the
Work.
11.5. The term Cost of the Work shall not include any of
the following
115.1. Payroll I costs and other compensation of
CONTRACTOR' officers, executives, principals (of
partnership and sole proprietorships), general managers,
engineers, architects, estimators, attorneys, auditors,
accountants, purchasing and contracting agents,
expediters, timekeepers, clerks and other personnel
employed by CONTRACTOR whether at the site or in
CONTRACTOR' principal or a branch office for
general administration of the Work and not specifically
included in the agreed upon schedule of lob
�S7 classifications referred to in paragraph 114 1 or
specifically covered by paragraph 114 4—all of which
are to be considered administrative costs covered by the
CONTRACTOR' fee
115.2. Expenses of CONTRACTOR' principal and
branch offices other than CONTRACTOR's office at
the site
11.5.3 Any part of CONTRACTOR's capital
expenses, including interest on CONTRACTOR'S
capital employed for the Work and charges against
CONTRACTOR for delinquent payments
115 4 Cost of premiums for ail Bonds and for all
insurance whether or not CONTRACTOR is required
by the Contract Documents to purchase and maintain
the same (except for the cost of premiums covered by
subparagraph 11 4.5 9 above)
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
11.5 5 Costs due to the negligence of
CONTRACTOR, any Subcontractor, or anyone
directly or indirectly employed by any of them or for
whose acts any of them may be liable, including but
not limited to, the correction of defective Work,
disposal of materials or equipment wrongly supplied
and making good any damage to property
115 6 Other overhead or general expense costs of
any kind and the costs of any item not specifically and
expressly included in paragraph 114
116 The CONTRACTOR's fee allowed to
CONTRACTOR for overhead and profit shall be
determined as follows
116 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
11621 for costs incurred under
paragraphs 114 1 and 11 4.2, the
CONTRACTOR's fee shall be fifteen percent,
11622. for costs incurred under
paragraph 11.4 3, the CONTRACTOR's fee shall
be five percent;
11623 where one or more tiers of
subcontracts are on the basis of Cost of the Work
plus a fee and no fixed fee is agreed upon, the
intent of paragraphs 11 4.1, 11.4 2, 11.4 3 and
116 2 is that the Subcontractor who actually
performs or furnishes the Work, at whatever tier,
will be paid a fee of fifteen percent of the costs
incurred by such Subcontractor under paragraphs
I l 4 1 and 11.4 2 and that any higher tier
Subcontractor and CONTRACTOR will each be
paid a fee of five seen t cf the at .a
the Fie, 4 ,,.wer tier c .beeFAT-aet ; to be negotiate
in good faith with the OWNER but not to exceed
_five percent of the amount paid to the next lower
tier Subcontractor
11 6.24. no fee shall be payable on the basis
of costs itemized under paragraphs 114 4, 114 5
and 115,
11625 the amount of credit to be allowed
by CONTRACTOR to OWNER for any change
which results in a net decrease in cost will be the
amount of the actual net decrease in cost plus a
deduction in CONTRACTOR' fee by an amount
equal to five percent of such net decrease, and
11626 when both additions and credits are
involved in any one change, the adjustment in
CONTRACTOR's fee shall be computed on the
basis of the net change in accordance with
paragraphs 11.6.2.1 through 11.6 2.5, inclusive.
117 Whenever the cost of any Work is to be
25
determined pursuant to paragraphs 114 and I 1 5,
CONTRACTOR will establish and maintain records
thereof in accordance with generally accepted accounting
practices and submit in form acceptable to ENGINEER an
itemized cost breakdown together with supporting data
Cash Allowances:
118 It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered
to be famished and performed for such sums as may be
acceptable to OWNER and ENGINEER CONTRACTOR
agrees that
118.1 the allowances include the cost to
CONTRACTOR (less any applicable trade discounts)
of materials and equipment required by the allowances
to be delivered at the site, and all applicable taxes; and
118.2 CONTRACTOR's costs for unloading and
handling on the site, labor, installation costs, overhead,
profit and other expenses contemplated for the
allowances have been included in the Contract Price
and not in the allowances and no demand for
additional payment on account of any of the foregoing
will be valid
Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered
by allowances, and the Contract Price shall be
correspondingly adjusted
11.9. Unit Price Work:
119 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
119,2 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,
26 EiCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
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and `
119 12 there is no corresponding adjustment —'
with respect to any other item of Work; and
11933 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 `J
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 U
11934 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 remammg item so long as the deletion or _
addition does not exceed twenty-five percent of
the original total Contract Price u
ARTICLE 12—CHANGE OF CONTRACT TIMES
121 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.
122 All time limits stated in the Contract Documents
are of the essence of the Agreement.
123 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 `1
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
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within the control of a Subcontractor or Supplier shall be
deemed to be delays within the control of CONTRACTOR.
124 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
ARTICLE 13—TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.1. Notice of Defects:
I
Prompt notice of all defective Work of which OWNER or
ENGINEER have actual knowledge will be given to
CONTRACTOR Alll defective Work may be rejected,
corrected or accepted as provided in this Article 13
Access to Work:
13 2 OWNER, ENGINEER, ENGINEER's Consultants,
other representatrves and personnel of OWNER,
independent testing laboratories and governmental agencies
with jurisdictional interests will have access to the Work at
reasonablefne fort their observation, inspecting and
testing CONTRACTOR shall provide them proper and
safe conditions for such access and advise them of
CONTRACTOR's site safety procedures and programs so
that they may comply therewith as applicable.
Tests and Inspections:
133 CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required inspections,
tests or approvals, and shall cooperate with inspection and
testing personnel to facilitate required inspections or tests
i
134 OWNER shall employ and pay for the services of
an independent testing laboratory to perform all
inspections, tests, or approvals required by the Contract
Documents except
1341 for inspections, tests or approvals covered
by paragraph 13 5, below;
13 4 2 that costs incurred in connection with tests
or inspections conducted pursuant to paragraph 13 9
below shall be paid as provided in said
paragraph 13 9, and
13 4 3 as otherwise specifically provided In the
Contract Documents
13 5 If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereof) specifically
to be inspected, tested or approved by an employee or
other representative of such public body, CONTRACTOR
shall assume full responsibility for arranging and
obtaining such inspections, tests or approvals, pay all costs
in connection therewith, and furnish ENGINEER the
required certificates of inspection, or approval
CONTRACTOR shall also be responsible for arranging
and obtaining and shall pay all costs in connection with
any Inspections, tests or approvals required for OWNER's
and ENGINEER's acceptance of materials or equipment to
be incorporated in the Work, or of materials, mix designs,
or equipment submitted for approval prior to
CONTRACTOR's purchase thereof for incorporation in
the Work
136 If any Work (or the work of others) that is to be
inspected, tested or approved is covered by
CONTRACTOR without written concurrence of
ENGINEER, it must, if requested by ENGINEER, be
uncovered for observation
13.7 Uncovering Work as provided in paragraph 13 6
shall be at CONTRACTOR's expense unless
CONTRACTOR has given ENGINEER timely notice of
CONTRACTOR's intention to cover the same and
ENGINEER has not acted with reasonable promptness in
response to such notice
Uncovering Work:
13.& If any Work is covered contrary to the written
request of ENGINEER, it must, if requested by
ENGINEER, be uncovered for ENGINEER's observation
and replaced at CONTRACTOR's expense.
139 If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or
inspected or tested by others, CONTRACTOR, at
ENGINEER'S request, shall uncover, expose or otherwise
make available for observation, inspection or testing as
ENGINEER may require, that portion of the Work in
question, furnishing all necessary labor, material and
equipment If it is found that such Work is defective,
CONTRACTOR shall pay all claims, costs, losses and
damages caused by, arising out of or resulting from such
uncovering, exposure, observation, inspection and testing
and of satisfactory replacement or reconstruction,
(including but not limited to all costs of repair or
replacement of work of others), and OWNER shall be
entitled to an appropriate decrease in the Contract Price,
and, if the parties are unable to agree as to the amount
thereof, may make a claim therefor as provided in
Article 11 If, however, such Work is not found to be
defective, CONTRACTOR shall be allowed an increase in
the Contract Price or an extension of the Contract Times
(or Milestones), or both, directly attributable to such
EJCDC GENERAL CONDITIONS 1910-8 (1990 Editon) 27
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uncovering, exposure, observation, inspection, testing,
replacement and reconstruction, and, if the parties are
unable to agree as to the amount or extent thereof,
CONTRACTOR may make a claim therefor as provided in
Articles I I and 12
OWNER May Stop the Work:
13 10 If the Work is defective, or CONTRACTOR falls
to supply sufficient skilled workers or suitable materials or
equipment, or fails to furnish or perform the Work in such a
way that the completed Work will conform to the Contract
Documents, OWNER may order CONTRACTOR to stop
the Work, or any portion thereof, until the cause for such
order has been eliminated, however, this right of OWNER
to stop the Work shall not give rise to any duty on the part
of OWNER to exercise this right for the benefit of
CONTRACTOR or any surety or other party
Correction or Removal 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 yea f two year 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 (n)
satisfactorily correct or remove and replace any damage
to other Work or the work of others resulting therefrom
If CONTRACTOR does not promptly comply with the
terms of such instructions, or in an emergency where
delay would cause serious risk of loss or damage,
OWNER may have the defective Work corrected or the
rejected Work removed and replaced, and all claims,
costs, losses and damages caused by or resulting from
such removal and replacement (including but not
limited to all costs of repair or replacement of work of
others) will be paid by CONTRACTOR
13.12 2 In special circumstances where a particular
item of equipment is placed in continuous service
before Substantial Completion of all the Work, the
correction period for that item may start to run from an
earlier date if so provided in the Specifications or by
Written Amendment
13.12 3 Where defective Work (and damage to other
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
28 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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 ene dear
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
issued incorporating the necessary revisions in the
Contract Documents with respect to the Work, and
OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to
the amount thereof, OWNER may make a claim therefor
as provided in Article 11. If the acceptance occurs after
such recommendation, an appropriate amount will be paid
by CONTRACTOR to OWNER
OWNER May Correct Defective Work:
13 14 If CONTRACTOR falls within a reasonable time
after written notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as required
by ENGINEER in accordance with paragraph 13 11, or if
CONTRACTOR fails to perform the Work in accordance
with the Contract Documents, or if CONTRACTOR fails
to comply with any other provision of the Contract
Documents, OWNER may, after seven days' written
notice to CONTRACTOR, correct and remedy any such
deficiency In exercising the rights and remedies under
this paragraph OWNER shall proceed expeditiously In
connection with such corrective and remedial action,
OWNER may exclude CONTRACTOR from all or part of
the site, take possession of all or part of the Work, and
suspend CONTRACTOR's services related thereto, take
possession of CONTRACTOR's tools, appliances,
construction equipment and machinery at the site and
incorporate in the Work all materials and equipment
stored at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER, OWNER's
representatives, agents and employees, 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
Ivy.
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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 l of any delay in performance of the
Work attributable to the exercise by OWNER of OWNER's
rights and remedies hereunder
ARTICLE 14—PAYMENTS TO CONTRACTOR AND
COMPLETION
Schedule of Values:
14.1 The schedule of values established as provided in
paragraph 2 9 will serve as the basis for progress payments
and will be incorporated into a form of Application for
Payment acceptable to ENGINEER Progress payments on
account of Unit Price Work will be based on the number of
units completed
Application for Progress Payment.
142 At least twenty days before the date established for
each progress payment (but not more often than once a
month), CONTRACTOR shall submit to ENGINEER for
review an Application for Payment filled out and signed by
CONTRACTOR covering the Work completed as of the
date of the Application and accompanied by such
supporting documentation as is required by the Contract
Documents. If payment is requested on the basis of
materials and equipment not incorporated in the Work but
delivered and suitably stored at the site or at another
location agreed to in writing, the Application for Payment
shall also be accompanied by a bill of sale, invoice or other
documentation warranting that OWNER has received the
materials and equipment free and clear of all Liens and
evidence that the materials and equipment are covered by
appropriate property insurance and other arrangements to
protect OWNER's interest therein, all of which will be
satisfactory to OWNER The amount of retainage with
respect to progress payments will be as stipulated in the
Agreement. Any funds that are withheld by the OWNER
et seq.
CONTRACTOR Is warranty of Title:
143 CONTRACTOR warrants and guarantees that title
to all Work, materials and equipment covered by any
Application for Payment, whether incorporated in the
Project or not, will pass to OWNER no later than the time
of payment free and clear of all Liens
Review of Applications for Progress Payment:
144 ENGINEERS will, within ten days after receipt of
each Application for; Payment, either indicate in writing a
recommendation of payment and present the Application
to OWNER, or return the Application to CONTRACTOR
indicating in writing ENGINEER's reasons for refusing to
recommend payment In the latter case, CONTRACTOR
may make the necessary corrections and resubmit the
Application Ten days after presentation of the
Application for Payment to OWNER with ENGINEER's
recommendation, the amount recommended will (subject
to the provisions of the last sentence of paragraph 14 7)
become due and when due will be paid by OWNER to
CONTRACTOR
145 ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute a
representation by ENGINEER to OWNER, based on
ENGINEER's on -site observations of the executed Work
as an experienced and qualified design professional and on
ENGINEER's review of the Application for Payment and
the accompanying data and schedules, that to the best of
ENGINEER's knowledge, information and belief
14 5 1 the Work has progressed to the point
indicated,
14 5.2 the quality of the Work is generally in
accordance with the Contract Documents (subject to
an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion, to the results
of any subsequent tests called for in the Contract
Documents, to a final determination of quantities and
classifications for Unit Price Work under
paragraph 9 10, and to any other qualifications stated
in the recommendation), and
14 5 3 the conditions precedent to
C'ONTRACTOR's being entitled to such payment
appear to have been fulfilled insofar as it is
ENGINEER's responsibility to observe the Work
However, by recommending any such payment
ENGINEER will not thereby be deemed to have
represented that (r) exhaustive or continuous on -site
inspections have been made to check the quality or the
quantity of the Work beyond the responsibilities
specifically assigned to ENGINEER in the Contract
Documents or (u) that there may not be other matters or
issues between the parties that might entitle
CONTRACTOR to be paid additionally by OWNER or
entitle OWNER to withhold payment to CONTRACTOR
14 6. ENGINEER's recommendation of any payment,
including final payment, shall not mean that ENGINEER
is responsible for CONTRACTOR's means, methods,
techniques, sequences or procedures of construction, or
the szfety 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.
147 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
EJCDC GENERAL CONDITIONS 1910-8 (1990 Ehaon) 29
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OWNER referred to in paragraph 14 5. ENGINEER may
also refuse to recommend any such payment, or, because of
subsequently discovered evidence or the results of
subsequent inspections or tests, nullify any such payment
previously recommended, to such extent as may be
necessary in ENGINEER's opinion to protect OWNER
from loss because
1471 the Work is defective, or completed Work has
been damaged requiring correction or replacement,
1472 the Contract Price has been reduced by
Written Amendment or Change Order,
14.7.3 OWNER has been required to correct
defective Work or complete Work in accordance with
paragraph 13 14, or
14.7 4 ENGINEER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 15 2 1 through 15 2 4 inclusive
OWNER may refuse to make payment of the full amount
recommended by ENGINEER because
14 7 5 claims have been made against OWNER on
account of CONTRACTOR's performance or 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:
148. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work
is substantially complete (except for items specifically
listed by CONTRACTOR as incomplete) and request that
ENGINEER issue a certificate of Substantial Completion
Within a reasonable time thereafter, OWNER,
CONTRACTOR and ENGINEER shall make an inspection
of the Work to determine the status of completion. If
ENGINEER does not consider the Work substantially
complete, ENGINEER will notify CONTRACTOR in
writing giving the reasons therefor If ENGINEER
30 EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
wt CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
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
(n) OWNER, ENGINEER and CONTRACTOR agree
constitutes a separately functioning and usable part of the
Work that can be used by OWNER for its intended
purpose without significant interference with
CONTRACTOR's performance of the remainder of the
Work, may be accomplished prior to Substantial
Completion of all the Work subject to the following.
1410.1 OWNER at any time may request
CONTRACTOR in writing to permit OWNER to use
any such part of the Work which OWNER believes to
be ready for its intended use and substantially
complete If CONTRACTOR agrees that such part of
the Work is substantially complete, CONTRACTOR
will certify to OWNER and ENGINEER that such
part of the Work is substantially complete and request
ENGINEER to issue a certificate of Substantial
Completion for that part of the Work
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CONTRACTOR at any time may notify OWNER and
ENGINEER in writing that CONTRACTOR considers
any such part of jthe 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, iOWNER, 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
1410.2 No occupancy or separate operation of part
of the Work will be accomplished prior to compliance
with the requirements of paragraph 5 15 in respect of
property insurance
Final Inspection:
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 are necessary to
complete such work or remedy such deficiencies
Final Application for'Payment:
1412. After CONTRACTOR has completed all such
corrections to the satisfaction of ENGINEER and delivered
in accordance with the Contract Documents all
maintenance and operating instructions, schedules,
guarantees, Bonds, certificates or other evidence of
insurance required by paragraph 5 4, certificates of
inspection, marked -up record documents (as provided in
paragraph 6 19) and other documents, CONTRACTOR
may make application for final payment following the
procedure for progress payments The final Application for
Payment shall be accompanied (except as previously
delivered) by (I) all documentation called for in the
Contract Documents, including but not limited to the
evidence of insurance required by subparagraph 5 4 13,
(it) consent of the surety, if any, to final payment, and
(iii) complete and legally effective releases or waivers
(satisfactory to OWNER) of all Liens arising out of or filed
in connection with the Work In lieu of such releases or
waivers of Liens ,and as approved by OWNER,
CONTRACTOR may furnish receipts or releases in full
and affidavit of CONTRACTOR that: (i) the releases and
receipts include all labor, services, material and equipment
for which a Lien could be filed, and (ii) all payrolls,
material and equipment bills, and other indebtedness
connected with the Work for which OWNER or OWNER's
property might in any jway be responsible have been paid or
otherwise satisfied If any Subcontractor or Supplier fails
to furnish such a release or receipt in full,
CONTRACTOR may furnish a Bond or other collateral
satisfactory to OWNER to indemnify OWNER against
any Lim Releases or waivers of hens and the consent of
the surety to finalize payment are to be submitted on
forms conforming to the format of the OWNER'S standard
forms bound in the Protect manual,
Final Payment and Acceptance:
14 13. If, on the basis of ENGINEER's observation of
the Work during construction and final inspection, and
ENGINEER's review of the final Application for Payment
and accompanying documentation as required by the
Contract Documents, ENGINEER is satisfied that the
Work has been completed and CONTRACTOR's other
obligalions under the Contract Documents have been
fulfilled, ENGINEER will, within ten days after receipt of
the final Application for Payment, indicate in writing
ENGINEER's recommendation of payment and present
the Application to OWNER for payment At the same
time ENGINEER will also give written notice to OWNER
and CONTRACTOR that the Work is acceptable subject
to the provisions of paragraph 14.15 Otherwise,
ENGINEER will return the Application to
CONTRACTOR, indicating in writing the reasons for
refusing to recommend final payment, in which case
CONTRACTOR shall make the necessary corrections and
resubmit the Application Thirty days after presentation to
OWNER of the Application and accompanying
documentation, in appropriate form and substance and
with ENGINEER's recommendation and notice of
acceptability, the amount recommended by ENGINEER
will become due and will be paid by OWNER to
CONTRACTOR subiect to paragraph 1762 of these
General Conditions
1414 If, through no fault of CONTRACTOR, final
completion of the Work is significantly delayed and if
ENGINEER so confirms, OWNER shall, upon receipt of
CONT'RACTOR's final Application for Payment and
recommendation of ENGINEER, and without terminating
the Agreement, make payment of the balance due for that
portion of the Work fully completed and accepted If the
remaining balance to be held by OWNER for Work not
MY completed or corrected is less than the retamage
stipulated in the Agreement, and if Bonds have been
furnished as required in paragraph 5 1, the written consent
of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be
submitted by CONTRACTOR to ENGINEER with the
Application for such payment Such payment shall be
made under the terms and conditions governing final
payment, except that it shall not constitute a waiver of
claims
Waiver of Claims.
14 15 The making and acceptance of final payment will
constitute
14 15 1 a waiver of all claims by OWNER against
CONTRACTOR, except claims arising from
unsettled Liens, from defective Work appearing after
FJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 31
w/ CITY OF FORT COLLII NS MODIFICATIONS (REV 42000)
final inspection pursuant to paragraph 14 11, from
failure to comply with the Contract Documents or the
terms of any special guarantees specified therein, or
from CONTRACTOR's continuing obligations under
the Contract Documents, and
14.15.2 A wai ler of all claims by CONTRACTOR
against OWNER other than those previously made in
writing and still unsettled
ARTICLE 15—SUSPENSION OF WORK AND
TERMINATION
OWNER May Suspend Work:
151 At any time and without cause, OWNER may
suspend the Work or any portion thereof for a period of not
more than ninety days by notice in writing to
CONTRACTOR and ENGINEER which will fix the date
on which Work will be resumed CONTRACTOR shall
resume the Work on the date so fixed. CONTRACTOR
shall be allowed an adjustment in the Contract Price or an
extension of the Contract Times, or both, directly
attributable to any such suspension if CONTRACTOR
makes an approved claim therefor as provided in
Articles 11 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 2.4. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract
Documents,
OWNER may, after giving CONTRACTOR (and the
surety, if any) seven days' written notice and to the extent
permitted by Laws and Regulations, terminate the services
of CONTRACTOR, exclude CONTRACTOR from the site
and take possession of the Work and of all
CONTRACTOR's tools, appliances, construction
equipment and machinery at the site and use the same to
the full 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
EJCDC GENERAL CONDITIONS 1910-8 (1990 Efton)
32 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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
153 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
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 41 for completed and acceptable Work executed
in accordance with the Contract Documents prior to
the effective date of termination, including fair and
reasonable sums for overhead and profit on such
Work,
15 4 2 for expenses sustained prior to the effective
date of termination in performing services and
furnishing labor, materials or equipment as required
by the Contract Documents in connection with
uncompleted Work, plus fair and reasonable sums for
overhead and profit on such expenses;
15 4 3. for all claims, costs, losses and damages
incurred in settlement of terminated contracts with
Subcontractors, Suppliers and others; and
15 4 4 for reasonable expenses directly attributable
to termination
CONTRACTOR shall not be paid on account of loss of
anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.
CONTRACTOR May Stop 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
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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 orl 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 11 and 12 for an increase in Contract Price
or Contract Times or otherwise for expenses or damage
directly attributable to CONTRACTOR's stopping Work as
permitted by this paragraph
ARTICLE 16—DISPUTE RESOLUTION
If and to the extent'that OWNER and CONTRACTOR
have agreed on the (method and procedure for resolving
disputes between them that may arise under this
Agreement, such dispute resolution method and procedure,
if any, shall be as set forth in Exhibit GC -A, "Dispute
Resolution Agreement", to be attached hereto and made a
part hereof If no;such agreement on the method and
procedure for resolving such disputes has been reached,
and subject to the provisions of paragraphs 9.10, 9.11 and
9.12, OWNER and i 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 to a' member of the firm, or to an officer of
the corporation for whom it is intended, or if delivered at or
sent by registered or' certified mail, postage prepaid, to the
last business address known to the giver of the notice
17.2. Computation of Time:
17.2.1 When any period of time is referred to in the
Contract Documents by days, it will be computed to
exclude the first and include the last day of such
period If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday
by the law of the applicable jurisdiction, such day will
be omitted from'the computation
17 2 2 A calendar day of twenty-four hours measured
from midnight to the next midnight will constitute a
day
Notice of Claim:
17 3 Should OWNER or CONTRACTOR suffer injury
or damage to person or property because of any error,
omission or act of the other party or of any of the other
party's employees or agents or others for whose acts the
other party is legally liable, claim will be made in writing
to the other party within a reasonable time of the first
observance of such injury or damage The provisions of
this paragraph 17 3 shall not be construed as a substitute
for or a waiver of the provisions of any applicable statute
of limitations or repose 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, 6.30, 6 31, 6 32, 13.1, 13.12, 13 14,
14 3 and 15.2 and all of the rights and remedies available
to OWNER and ENGINEER thereunder, are in addition
to, and are not to be construed in any way as a limitation
of, any rights and remedies available to any or all of them
which are otherwise imposed or available by Laws or
Regulations by special warranty or guarantee or by other
provisions of the Contract Documents, and the provisions
of this paragraph will be as effective as if repeated
specifically in the Contract Documents in connection with
each particular duty, obligation, right and remedy to which
they apply
Professional Fees and Court Costs Included:
175 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 appiv to this
Agreement Reference to two pertinent Colorado statutes
are as follows,
17 6 2 If a claim is filed. OWNER is required by
law (CRS 38-26-107) to withhold from all payments to
CONTRACTOR sufficient funds to insure the
Wyment of all claims for labor, materials, team hire
sustenance, provisions, provender, or other supplies
used or consumed by CONTRACTOR or his
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 33
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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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 submitted in writing to the Engineer and the OWNER. Interpretation or
clarifications considered necessary in response to such questions will be
issued only by Addenda. Questions received less than seven days prior to
the date for opening of the Bids may not be answered. Only questions
answered by formal written Addenda will be binding. Oral and other
interpretations or clarifications will be without legal effect.
5.2. All questions concerning the scope of this project should be directed
R, 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
Din the form of a certified or bank cashier's cheek 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
abonds.
6.2. The Bid Security of the successful Bidder will be retained until such
O 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
n 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
a Bidders will be returned. Bid Security with Bids which are not competitive
will be returned within seven days after the Bid opening.
1 7/96
Section 00100 Page 3
34 EICDC GENERAL. CONDITIONS 1910-5 (1990 Edition)
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EICDC GENERAL CONDITIONS 1910-8 (1990 Edthon) 3S
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edhbon)
36 W/ CITY OF FORT COLLINS MODIFICATIONS (REV 412000)
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EXHIBIT GC=A to General Conditions
of the Construction Contract Between
OWNER and CONTRACTOR
DISPUTE RESOLUTION AGREEMENT
OWNER and CONTRACTOR hereby agree that
Article 16 of the General Conditions of the Construction
Contract between OWNER and CONTRACTOR is
amended to include the following agreement of the parties:
16.1 All claims, disputes and other matters in
question between OWNER and CONTRACTOR arising
out of or relating to the Contract Documents or the breach
thereof (except for claims which have been waived by the
making or acceptance of final payment as provided by
paragraph 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 be made until the earlier of (a) the date
on which ENGINEER has rendered a written decision or
(b) the thirty-first day after the parties have presented their
evidence to ENGINEER if a written decision has not been
rendered by ENGINEER before that date. No demand for
arbitration of any such claim, dispute or other matter 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 ENGNEER's decision being final and binding
upon OWNER and CONTRACTOR If ENGINEER
renders a decision after arbitration proceedings have been
initiated, such decision may be entered as evidence but will
not supersede the arbitration proceedings, except where the
decision is acceptable,to the parties concerned No demand
for arbitration of any written decision of ENGINEER
rendered in accordance with paragraph 9 10 will be made
later than ten days after the party making such demand has
delivered written notice of intention to appeal as provided
in paragraph 9 10.
16.3 Notice of the demand for arbitration will be
filed in writing with the other party to the Agreement and
with the American Arbitration Association, and a copy will
be sent to ENGINEER for information The demand for
arbitration will be made within the thirty -day or ten-day
period specified in paragraph 16 2 as applicable, and in all
other cases within a reasonable time after the claim, dispute
or other matter in question has arisen, and in no event shall
any such demand be made after the date when institution of
legal or equitable proceedings based on such claim, dispute
or other matter in ,question would be barred by the
applicable statute of limitations
EiCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
16.4 Except as provided in paragraph 16 5 below,
no arbitration arising out of or relating to the Contract
Documents shall include by consolidation, joinder or in any
other manner any other person or entity (including
ENGINEER, ENGNEER'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 party not
specifically identified in such consent.
16 5 Notwithstanding paragraph 16 4, if a claim,
dispute or other matter in question between OWNER and
CONTRACTOR involves the Work of a Subcontractor,
either OWNER or CONTRACTOR may loin such
Subcontractor as a party to the arbitration between OWNER
and CONTRACTOR hereunder CONTRACTOR shall
include in all subcontracts required by paragraph 6 11 a
specific provision whereby the Subcontractor consents to
being joined in an arbitration between OWNER and
CONTRACTOR 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
ENGNEER'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
167 OWNER and CONTRACTOR agree that they
shall first submit any and all unsettled claims,
counterclaims, disputes and other matters in question
between them arising out of or relating to the Contract
Documents or the breach thereof ("disputes"), to mediation
by the American Arbitration Association under the
Construction Industry Mediation Rules of the American
Arbitration Association prior to either of them initiating
against the other a demand for arbitration pursuant to
paragraphs 16.1 through 16.6, unless delay in initiating
arbitration would irrevocably prejudice one of the parties
The respective thirty and ten day time limits within which
to file a demand for arbitration as provided in paragraphs
16 2 and 16 3 above shall be suspended with respect to a
dispute submitted to mediation within those same
applicable time limits and shall remain suspended until ten
days after the 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
GC -A I
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) GC -AI
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
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SECTION 00800
SUPPLEMENTARY CONDITIONS
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SECTION 00800
SUPPLEMENTARY CONDITIONS
Conditions of the Contract
These Supplementary Conditions amend or supplement the General
Conditions of the Construction Contract (EJCDC General Conditions
1910-8, 1990 edition with City of Fort Collins modifications) and
other provisions of the Contract DccumentS as indicated below.
SC-5,4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The limits of liability for the insurance required by the
paragraph numbers of the General Conditions listed below are as
follows:
5.4.1 and 5.4.2
Coverage A - Statutory Limits
Coverage B - $100,000/$100,000/$500,000
5.4.3 and 5.4.5 Commercial General Liability policy will have
limits of $1,000,000 combined single limits (CSL). This policy
will include coverage for Explosion, Collapse, and Underground
coverage unless waived by the Owner.
5.4.6The Comprehensive Automobile Liability Insurance policy will
have limits of $1,000,000 combined single limits (CSL)
5.4.9This policy will include completed operations
coverage/product liability coverage with limits of $1,000,000
combined single limits (CSL).
SC-12.3 Add the following language to the end of paragraph 12.3.
Contractor will include in the project schedule 0 days lost due
to abnormal weather conditions.
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SECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
00950Contract Change Order
00960Application for Payment
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
L
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.
�m
7/96 Section 00100 Page 4 1
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SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE: HOT -IN -PLACE RECYCLING; BID #5502
CONTRACTOR:
PROJECT NUMBER:
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost
4. Change in Contract Time:
ORIGINAL CONTRACT COST
TOTAL APPROVED CHANGE ORDER
TOTAL PENDING CHANGE ORDER
TOTAL THIS CHANGE ORDER
TOTAL % OF THIS CHANGE ORDER
TOTAL C.O.o OF ORIGNINAL CONTRACT
ADJUSTED CONTRACT COST
Assuming all change orders approved)
$ .00
0.00
0.00
0.00
$ 0.00
ACCEPTED BY:
DATE:_
Contractor's Representative
ACCEPTED BY:
DATE:_ _
Project Manager
REVIEWED BY:
DATE:
Title:
APPROVED BY:_
DATE:
Title
APPROVED BY:
DATE:
Purchasing Agent over $30,000
CC: City Clerk Contractor
Project File Architect
Engineer Purchasing
9/99
Section 00950 Page 1
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Section 00960
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2000 HOT -IN -PLACE RECYCLING PROJECT
GENERAL REQUIREMENTS INDEX
SECTION PAGE NUMBERS
01010
Summary of Work
General Reqs 1-2
01040
Coordination
General Reqs 3-4
01310
Construction Schedules
General Reqs 5-6
01330
Survey Data
General Reqs 7
01340
Shop Drawings
General Reqs 8-10
01410
Testing
General Reqs 11-12
01510
Temporary Utilities
General Reqs 13
01560
Temporary Controls
General Reqs 14-15
01700
Contract Closeout
General Reqs 16
01800
Method of Measurement and Basis of Payment
General Reqs 17
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.
11.5. Bids by joint venture shall be signed by each participant in
the
joint venture or by an authorized agent of each participant. The full
name
a
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
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(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
aBid
shall be shown.
12.0 BID PRICING.
aBids
must be priced as set forth in the Bid Schedule or Schedules.
a13.0 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
7/96 Section 00100 Page 5
II
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SECTION 01010
SUMMARY OF WORK
1.1 DESCRIPTION OF WORK
A This work shall consist of rehabilitating the existing surface layer of existing asphalt pavement with specially
designed equipment in a simultaneous multi step process of heating, scarifying, applying an asphalt rejuvenating
agent, and thoroughly re -mixing and re -shaping the old asphall surface, and then placing an overlay of new hot
mixbrtummous pavement A single machine that heats, scarifies, recycles, and spreads virgin material all in one
continuous pass shall be used
This work shall be performed in Fort Collins on Horsetooth Road, from College Avenue to Timberline Road,
and in Loveland on North Taft Avenue between West 29' Street and West 37' Street, and on East I' Street
between Monroe: and Madison Avenues
B
Protection and Restoration
1. Replace to equal or better conditions all items removed and replaced or damaged during construction. Restore
all areas disturbed to match surrounding surface conditions Also see tree protection standards.
C.
Construction Hours
1. Construction hours, except for emergencies, shall be limited to 7.00 a.m. to 6.00 p.m., Monday through
Friday, unless otherwise authorized in writing by the Engineer. After hour equipment operation shall be in
accordance with Section 1560.
2. Any work performed by the Contractor outside of the construction hours, whether or not authorized by the
Engineer, shall entitle the Owner to deduct from compensation due to the Contractor sufficient funds to cover
the Owner's costs in providing field engineering and/or inspection services because of such work. The cost
for field engineering and inspection shall be $50 00 per hour
1.2
NOTICES TO PRIVATE OWNERS AND AUTHORITIES
A.
Notify private owners of adjacent property, utilities, irrigation canal, and affected governmental agencies when
prosecution of the Work may affect them.
B.
Give notification 48 hours in advance to enable affected persons to provide for their needs when it is necessary
to temporarily deny access or services.
C.
Contact utilities at least 48 hours prior excavating near underground utilities.
D
Contact all agencies at least 72 hours prior to start of construction. Notify all agencies of the proposed scope of
work schedule ,and any items which would affect their daily operation.
E.
Rick Richter will be the ENGINEER (Project Engineer/Manager) for the City of Fort Collins. Tom Knostman
will be the ENGINEER (Project Engineer/Manager) for the City of Loveland
Rick Richter 970-221-6798
Tom Knostman 970-962-2559
F.
Names and telephone numbers of affected agencies and utilities in the area are listed below for Contractor's
convenience.
General Reqs - 1 of 13
Hit
UTILITIES
Water:
City of Fort Collins, Colorado
970-221-6681, Meter Shop 970-221-6759
Fort Collins - Loveland Water District
970-226-3104
City of Loveland Water and Power, Colorado
Scott Ballinger/Kathleen Porter 9970-962-3561
Storm Sewer-
City of Fort Collins, Colorado
970-221-6589
City of Loveland Stormwater Utility, Kevin Gingery
970-962-3571
Sanitary Sewer
City of Fort Collins, Colorado
970-221-6681
City of Loveland Water and Power, Colorado
Scott Ballinger 9970-962-3561
Electrical-
City of Fort Collins, Colorado
970-482-5922, 970-221-8553
City of Loveland Water and Power, Colorado
Kathleen Porter 9970-962-3561
Gas
Public Service Company of Colorado
970-482-5922, 970-221-8553
Telephone
U S West Communications
970-484-0300, 970-226-6310
Traffic Operations:
City of Ft Collins, Colorado
970-221-W8
City of Loveland, Colorado
Bill Hange, 970-962-2528
Cable Television: AT&T
970-493-7400
*Utility Locates Under One -call System
1-800-922-1987
General Reqs - 2 of 13
AGENCIES
Safety -
Occupational Safety and Health Administration
(OSHA) 844-3061
Fire:
Poudre Fire Authority
Non -Emergency 970-221-6581
Emergency: 911
Police
City of Fort Collins Police Department
Non -Emergency 970-221-6550
Emergency. 911
Postmaster:
US Postal Service - Judith Robertson: 970-2254111
Loveland Fire:
Non -Emergency 970-962-2741
Emergency 911
Loveland Police:
Non -Emergency: 970-667-2151
Emergency 911
END OF SECTION
General Reqs - 3 of 13
Larimer County Sheriffs Department
Non - Emergency: 970-2 21-7177
Ambulance:
Poudre Valley Hospital
Non -Emergency 970-484-1227
Emergency 911
Transportation
Transfort 970-221-6620
Traffic Engineering- 970-221-6608
SECTION 01040
COORDINATION
L l GENERAL CONTRACTOR RESPONSIBILITIES
A Coordinate operations under contract in a manner which will facilitate progress of the Work The Contractor
shall also coordinate with the Landscape Contractor whose Work is separate from the General Contractor's
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contract.
B Conform to the requirements of public utilities and concerned public agencies in respect to the tinung and manner
of performance of operations which affect the service of such utilities, agencies, or public safety.
C Coordinate operations under contract with utility work to allow for efficient completion of the Work.
.J
D. Coordinate all operations with the adjoining property owners, business owners, and surrounding neighborhoods
to provide satisfactory access at all times and keep them informed at all times.
14 CONFERENCES
A A Pre -construction Conference will be held prior to the start of construction
1. Contractor shall participate in the conference accompanied by all major Subcontractors, including the Traffic
Control Supervisor assigned to the project
2. Contractor shall designate/introduce Superintendent, and major Subcontractors supervisors assigned to
project
3. The Engineer shall invite all utility companies involved
4 The Utilities will be asked to designate their coordination person, provide utility plans, and their anticipated
schedules.
5 The Engineer shall introduce the project Representatives
B Additional project coordination conferences will be held prior to start of construction for coordination of the
Work, refining project schedules, and utility coordination
C. Engineer may hold coordination conferences to be attended by all involved when Contractor's operations affects,
or is affected by, the work of others
1. Contractor shall participate in such conferences accompanied by Subcontractors as required by the Engineer.
1.5 PROGRESS MEETINGS
A. Contractor and Engineer's Project Representatives shall schedule and hold regular progress meetings at least
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weekly and at other times as requested by the Engineer or required by the progress of the Work.
B. Attendance shall include.
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1. Contractor and Superintendent.
2. Owner's Representatives.
3 Engineer and Resident Project Representative
4 Traffic Control Supervisor
5 Others as may be requested by Contractor, Engineer or Owner
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General Reqs - 4 of 13
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C Minimum agenda shall include:
1. Review of work progress since last meeting
2 Identification and discussion of problems affecting progress
3. Review of any pending change orders.
4 Revision of Construction Schedule as appropriate.
D The Engineer and Contractor shall agree to weekly quantities at the progress meetings The weekly quantity
sheets shall be signed by both parties These quantity sheets, when signed, shall be final and shall be the basis
for the monthly progress estimates This process ensures accurate monthly project pay estimates.
END OF SECTION
General Reqs - 5 of 13
0
SECTION 01310 J
CONSTRUCTION SCHEDULES
1.1 GENERAL
A. The contractor shall prepare a detailed schedule of all construction operations, showing start and end dates This
schedule will show how the contractor intends to meet the milestones set forth
1 No work is to begin at the site until Owner's acceptance of the Construction Progress Schedule and Report of _
delivery of equipment and materials
v
12 FORMAT AND SUBMISSIONS
A. Prepare construction and procure schedules in a graphic format suitable for displaying scheduled and actual
progress.
B. Submit two copies of each schedule to Owner for review.
1 Owner will return one copy to Contractor with revisions suggested or necessary for coordination of the Work
with the needs of Owner or others
C The schedule must show how the street, landscaping and various utility work will be coordinated.
13 CONTENT
A. Construction Progress Schedule
1 Show the complete work sequence of construction by activity and location.
2 Show changes to traffic control.
3 Show project milestones
v
B Report of delivery of equipment and materials.
1. Show delivery status of critical and major items of equipment and materials
2 Include a schedule winch includes the critical path for Shop Drawings, tests, and other submittal requirements
for equipment and materials, reference Section 01340
14 PROGRESS REVISIONS
A Submit revised schedules and reports at weekly project coordination meetings when changes are foreseen, when ^
requested by Owner or Engineer, and with each application for progress payment.
B Show changes occurring since previous submission _
1. Actual progress of each item to date. J
2 Revised projections of progress and completion.
C. Provide a narrative report as needed to define:
1 Anticipated problems, recommended actions, and their effects on the schedule
2 The effect of changes on schedules of others.
1.5 OWNER'S RESPONSIBILITY
General Reqs - 6 of 13 ^
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A Owner's review is only for the purpose of checking conformity with the Contract Documents and assisting
Contractor in coordinating the Work with the needs of the Project
B It is not to be construed as relieving Contractor from any responsibility to determine the means, methods,
techniques, sequences and procedures of construction as provided in the General Conditions.
END OF SECTION
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aGeneral Reqs - 7 of 13
SECTION 01410
TESTING
11 GENERAL
A Provide such equipment and facilities as the Engineer may require for conducting field tests and for collecting and
forwarding samples. Do not use any materials or equipment represented by samples until tests, if required, have U
been made and the materials or equipment are found to be acceptable Any product which becomes unfit for use
after approval hereof shall not be incorporated into the work
B. All materials or equipment proposed to be used may be tested at any time during their preparation or use. Furnish J
the required samples without charge and give sufficient notice of the placing of orders to permit the testing.
Products may be sampled either prior to shipment or after being received at the site of the work
C. Tests shall be made by an accredited testing laboratory selected by the Owner Except as otherwise provided,
sampling and testing of all materials and the laboratory methods and testing equipment shall be in accordance with the latest standards and tentative methods of the American Society for Testing Materials (ASTM)
D. Where additional or specified information concerning testing methods, sample sizes, etc., is required, such
information is included under the applicable sections of the Specifications Any modification of, or elaboration
on, these test procedures which may be included for specific materials under their respective sections in the
Specifications shall take precedence over these procedures
1.2 OWNER'S RESPONSIBILITIES
A. Owner shall be responsible for and shall pay all costs in connection with testing for the following. I
1 Tests not called for by the Specifications of materials delivered to the site but deemed necessary by Owner.
1.3 CONTRACTOR'S RESPONSIBILITIES
A. In addition to those inspections and tests called for in the General Conditions, Contractor shall also be responsible
for and shall pay all costs in connection with testing required for the following
I. All performance and field testing specifically called for by the specifications
2. All retesting for Work or materials found defective or unsatisfactory, including tests covered under 1.2 above
3 All minimum call out charges or stand by time charges from the tester due to the Contractor's failure to pave,
pour, or fill on schedule for any reason except by action of the Engineer
B Contractor shall notify the Project Engineer 48 hours prior to performing an operation that would require testing
14 CONTRACTOR'S QUALITY CONTROL SYSTEM
A. General • The Contractor shall establish a quality control system to perform sufficient inspection and tests of all
items of Work, including that of his subcontractors, to ensure conformance to the functional performance of tlus
project. This control shall be established for all construction except where the Contract Documents provide for
specific compliance tests by testing laboratories or engineers employed by the Owner The Contractor's control
system shall specifically include all testing required by the various sections of these Specifications
General Reqs - 8 of 13
fji
B Superintendence: The Contractor shall employ a full time Superintendent to monitor and coordinate all facets of
the Work. The Superintendent shall have adequate experience to perform the duties of Superintendent.
C. Contractor's quality control system is the means by which he assures himself that his construction complies with
the requirements of the Contract Documents. Controls shall be adequate to cover all construction operations and
should be keyed to the proposed construction schedule.
D. Records: Maintain correct records on an appropriate form for all inspections and tests performed, instructions
received from the Engineer and actions taken as a result of those instructions. These records shall include
evidence that the regmred inspections or tests have been performed (including type and number of inspections or
test, nature of defects, causes for rejection, etc.) proposed or directed remedial action, and corrective action taken
Document inspections and tests as required by each section ofthe Specifications Provide copies to Engineer daily.
END OF SECTION
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IGeneral Reqs - l of 13
0
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 J`
"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 u
of Bids.
13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and
will not receive consideration.
13.4. No Bidder may submit more than one Bid. Multiple Bids under
different names will not be accepted from one firm or association.
14.0 MODIFICATION AND WITHDRAWAL OF BIDS.
14.1. Bids may be modified or withdrawn by an appropriate document duly
executed (in a manner that a Bid must be executed) and delivered to the
place where Bids are to be submitted at any time prior to the opening of
Bids.
14.2. Bids may also be modified or withdrawn in person by the Bidder or an
authorized representative provided he can prove his identity and authority _
at any time prior to the opening of Bids.
14.3. Withdrawn Bids may be resubmitted up to the time designated for the _
receipt of Bids provided that they are then fully in conformance with these
Instructions to Bidders.
15.0 OPENINGS OF BIDS.
Bids will be opened and (unless obviously non -responsive) read aloud
publicly as indicated in the Invitation to Bid. An abstract of the amounts
of the Base Bids and ma3or alternates (if any) will be made available after
the opening of Bids.
16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE.
All Bids shall remain open for forty-five (45) days after the day of the
Bid Opening, but OWNER may, in his sole discretion, release any Bid and
return the Bid Security prior to that date.
u
7/96 Section 00100 Page 6
SECTION 01510
TEMPORARY UTILITIES
1 1 UTILITIES
A. Furnish all utilities necessary for construction
B Make arrangements with Owner as to the amount of water required and time when water will be needed
1. Meters may be obtained through the Water Utility Meter Shop at 221-6759
2 Unnecessary waste of water will not be tolerated.
D Furnish necessary water trucks, pipes, hoses, nozzles, and tools and perform all necessary labor
12 SANITARY FACILITIES
A. Furnish temporary sanitary facilities at each site for the needs ofconstruction workers and others performing work
or furnishing services on the Project
B Properly maintain sanitary facilities of reasonable capacity throughout construction periods
C Enforce the use of such sanitary facilities by all personnel at the site
D. Obscure from public view to the greatest practical extent.
END OF SECTION
General Reqs - 10 of 13
SECTION 01560
TEMPORARY CONTROLS
1 1 NOISE CONTROL
A Take reasonable measures to avoid unnecessary noise when constriction activities are being performed in
populated areas
B. Construction machinery and vehicles shall be equipped with practical sound muffling devices, and operated in a
manner to cause the least noise consistent with efficient performance of the Work.
C Cease operation of all machinery and vehicles between the hours of 6 00 p.m. and 7 00 a.m
12 DUST CONTROL
A Dusty materials in piles or in transit shall be covered when necessary to prevent blowing
B. Earth and road surfaces subject to dusting due to construction activities and detouring of traffic shall be kept moist
with water or by application of a chemical dust suppressant
1 Chemical dust suppressant shall not be injurious to existing or future vegetation.
13 POLLUTION CONTROL
A Prevent the pollution of drams and water courses by sanitary wastes, concrete, sediment, debris and other
substances resulting from construction activities.
1 Retain all spent oils, hydraulic fluids and other petroleum fluids in containers for disposal off the site
2 Prevent sediment, debris or other substances from entenng sanitary sewers, storm drains and culverts
15 TRAFFIC CONTROL
A Maintain traffic control in accordance with the "Manual of Uniform Traffic Conti of Devices" (MUTCD), the City
of Fort Collins' "Work Area Traffic Control Handbook", and the City of Fort Collins' "Design Criteria and
Standards for Streets", Part 2, General Requirements, Subsection 1.4, `Bamcades Warning Signs, Signal Lights".
In the event of a conflict between the MUTCD criteria and the City's criteria, the City's criteria shall govern
B. For the City of Loveland, Mamtain traffic control in accordance with the "Manual of Uniform Traffic Control
Devices" (MUTCD) The contractor shall submit a traffic control plan to the Traffic Department (Bill Hange,
970/962-2528) a minimum of 2 weeks in advance of construction The contractor and any traffic control sub-
contractor shall be prepared to discuss the plan with the owner at the prehid meeting
16 HAUL ROUTES
The Engineer reserves the right to set haul routes in order to protect pavements, both new and old, from heavy
loads These pavements may include, but are not limited to, recently constructed pavements, recently overlaid
pavements, and/or pavements whose condition would be significantly damaged by heavy loads.
END OF SECTION
General Reqs - 11 of 13
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SECTION 01700
CONTRACT CLOSEOUT
1 1 CLEANING AND RESTORATION
A Return the premises and adjacent properties to conditions existing or better than existing at the time the work was
begun This will include providing labor, equipment and materials for cleaning, repairing and replacing facilities
damaged or soiled during construction. The Engineer will be the judge of the degree of restoration required
END OF SECTION
General Reqs - 12 of 13
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SECTION 01800
METHOD OF MEASUREMENT AND BASIS OF PAYMENT
1.1 DEFECTIVE WORK
A Owner will not pay for defective work and will not pay for repair or additional work required to bring the project
to a point of acceptance.
1.2 BID PRICE
A The Total Bid Price covers all Work required by the Contract Documents All work not specifically set forth as
a pay item in the Bid Form shall be considered a subsidiary obligation of Contractor and all costs in connection
therewith shall be included in the prices bid for the various items of Work.
B. Prices shall include all costs in connection with the proper and successful completion of the Work, including
furnishing all materials, equipment and tools, and performing all labor and supervision to fully complete the
Work
C Unit prices shall govern over extensions of sums
D. Unit prices shall not be subject to renegotiation
13 ESTIMATED QUANTITIES
A. All quantities stipulated in the Bid Form at unit prices are approximate and are to be used only as a basis for
estimating the probable cost of the Work and for the purpose of comparing the bids submitted to the Work The
basis of payment shall be the actual amount of materials furnished and Work done
B. Contractor agrees, that he will make no claim for damages, anticipated profits, or otherwise on account of any
difference between the amount of Work actually performed and materials actually f irmshed and the estimated
amount therefor
END OF SECTION
General Reqs - 13 of 13
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SECTION 02000
PROJECT SPECIFICATIONS
The Colorado Division of Highways "Standard Specifications for Road and Bridge Construction", 1999, (hereafter
referred to as the "Standard Specifications") are made a part of this Contract by this reference, except as revised herein,
and are hereby adopted as the minimum Standard Specifications of Compliance for this project. In those instances
where the Standard Specifications conflict with any of the provision; of the preceding Sections, the preceding Sections
shall govern.
IINDEX OF REVISIONS
SECTION
105
Inspection of Work
105
107
Maintenance During Construction
Protection and Restoration of Property and Landscaping
108
Limitation of Operation
210
Adjust Manholes, Valve Boxes, Meter Boxes
405
Heating and Scarifying Treatment
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REVISION OF SECTION 105
INSPECTION OF INORK
Section 105 of the Standard Specifications is hereby revised as follows:
Subsection 105 11 shall include the following:
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The Contractor shall keep the Engineer informed of his future construction operations to facilitate scheduling
of required 'inspection, measuring for pay quantities, and sampling The Contractor shall notify the Engineer
a minimum of 24 hours in advance of starting any construction operation that will require inspection,
measuring fbr 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 fulfill his
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 inspected by
the Engineer or that payment therefore has been included in the progress estimate
Project Specifications - Page 1 of 10
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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 Project to make
an award to that Bidder, whether because the Bid is not responsive or the
Bidder is unqualified or of doubtful financial ability or fails to meet any
other pertinent standard or criteria established by OWNER. Discrepancies
between the indicated sum of any column of figures and the correct sum
thereof will be resolved in favor of the correct sum.
17.2. In evaluating Bids, OWNER will consider the qualifications of the
Bidders, whether or not the Bids comply with the prescribed requirements,
D and such alternates, unit prices and other data, as may be requested in the
Bid Form or prior to the Notice of Award.
p� 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
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OWNER. OWNER
also may consider the operating
costs,
maintenance
requirements,
performance data and guarantees
of ma3or items
of materials
and equipment
to be
proposed for incorporation in
submitted to the Notice
the Work when
Award
such data is
required
prior
of
17.4. OWNER may conduct such investigations as OWNER deems necessary to
assist in the evaluation of any Bid and to establish the responsibility,
qualifications and financial ability of the Bidder's proposed
Q 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
a 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
Dcontract will be awarded.
17.6. If the Contract is to be awarded, OWNER will give the Successful
Bidder a Notice of Award within forty-five (45) days after the date of the
Bid opening.
1 7/96
Section 00100 Page 7
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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 during construction and before the project is accepted will not be paid for
separately, but shall be included in the work.
Project Specifications - Page 2 of 10
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REVISION OF SECTION 107
PROTECTION AN]D'RESTORATION OF PROPERTY AND LANDSCAPE
Section 107 of the Standard Specifications is hereby revised as follows:
Subsection 107.12 shall include the following
The fact that any underground facility - sprinkler systems, utility services, etc - is not shown on the plans,
details or construction documents, shall not relieve the Contractor of his responsibilities as provided for in
the Contract It shall be the Contractor's responsibility, pursuant thereto, to ascertain the location of such
underground improvements which may be subject to such damage by reason of his operations
Any pruning of vegetation shall require the written permission of the Engineer.
All costs for protecting and restoring landscaping and lawns shall be considered a subsidiary obligation of the
Contractor in connection with the various items of the Work, and no measurement or payment shall be made
separately for the protection and restoration of landscaping and lawns All restoration of landscaping and
lawns damaged by construction operations other than concrete repair shall take: place within three (3) working
days from the date of damage.
All labor, materials, tools, equipment, incidentals, and work involved in protecting or repairing underground
facilities shall be considered incidental to the work being done and shall not be measured and paid for
separately
Project Specifications - Page 3 of 10
REVISION OF SECTION 108
LEWrATION 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
It is the intent of this project to be completed within twelve (12) consecutive working days after work
commences for the City of Fort Collins, and within five (5) consecutive working days after work commences
for the City of Loveland
Delays and extensions of time will be in accordance with the General Conditions, Article 12, "Change of
Contract Times "
The work shall be completed according to the General Conditions, Article 2.3, "Commencement of Contract
Times," and within thus calendar time frame
Project Specifications - Page 4 of 10
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REVISION OF SECTION 210
ADJUST MANHOLES, VALVE BOXES, METER BOXES
Section 210 of the Standard Specifications is hereby revised as follows
Subsection 210.02 is revised to include the following
Prior to beginning any construction on existing streets that will receive reconstruction and/or overlay, the Contractor
shall mark on the curb and gutter with paint the location ofall existing structures. These markings shall be maintained
by the Contractor until the work has been completed and accepted by the Engineer
The Contractor shall do all work needed to ensure that said structures can be readily adjusted and shall have all
necessary materials an hand prior to commencing the work.
All structures shall be adjusted to be 1/8" to 518" below the pavement.
The Engineer shall determine the method of adjustment for each structure Rings and risers shall be provided by the
City Valve boxes shall be adjusted by one of the following methods
1. Adjust by removing the existing pavement (concrete or asphalt), adjusting the valve by
turning it to the proper grade, trimming the existing asphalt by cutting vertical edges, then
spreading and mechanically compacting bituminous material. This item will be measured
and paid for separately under "Adjust Valve Box."
2. If the valve box cannot be turned up or can be turned up, but not sufficiently to achieve the
proper grade or if the top section of valve box is in poor condition, the Contractor shall
excavate around the top section of the valve box, and remove and replace the top section
with a longer section The excavation shall then be back filled with Non -Shrink backfill,
or other approved material, to the top of subgrade, and then .material of the same grade and
quality as the adjacent pavement shall be placed. A mix design for Non-Shnnk back fill
shall be submitted and approved prior to starting work. These items shall be measured and
paid for separately under "Adjust and Replace Top Section of Valve Box." Bituminous
material and the top sections will be provided by the City.
Non -Shrink backfill — also called Flowable Fill or Unshrin able Fill — shall be a Portland
Cement Concrete Mix. The cement shall conform to the Standard Specifications for
Portland Cement, ASTM C 150-85, Type III The minimwrn 24 hour strength shall be 10
psi and the maximum 28 day strength, 60 psi. The maximum aggregate size shall be one
inch (1"). The minimum slump shall be six inches (6") and the maxiinum, eight inches
(8") The non -shrink backfill shall be consolidated with a mechanical vibrator
3 Adjust with adjusting rings or Screw Type Adjustable Risers. These items will be measured
and paid for under "Adjust Valve Box with Ring" or "Adjust Valve Box with Screw Type
Adjustable Riser," parts provided by the City
The Contractor shall exercise reasonable care while attempting to adjust the valve boxes. If the Contractor
is negligent and breaks the valve box, said valve box shall be replaced at the Contractor's expense.
Adjusting rings for valve boxes shall be of the type manufactured by the Tyler Manufacturing Company or
an approved equal.
Valve Box Top Section, Screw Type Adjustable Risers, and Extensions shall be of the type manufactured by
the Tyler Manufacturing Company, 6850 or 6860 Series, a$ approved by the Engineer.
Project Specifications - Page 5 of 10
REVISION OF SECTION 210
ADJUST MANHOLES, VALVE BOXES, METER BOXES
Manholes shall be adjusted with adjusting rings. This item will be measured and paid for separately under "Adjust
Manhole with Ring". Rings shall be provided by the City
When the manhole adjustment is complete, the slope of the top surface of the manhole cover shall match the slope of
the pavement in both the longitudinal and traverse directions Any manhole cover which is unstable or noisy under
traffic shall be replacedlremstalled by the Contractor, as directed by the Engineer
The Contractor shall be responsible for immediately cleaning out all construction materials that may fall into manholes,
valve boxes, or other structures during the construction process.
In the event that a structure was not properly adjusted (i.e too high or too low), written notice will be given by the
Engineer to the Contractor requiring the Contractor to make the necessary adjustments within five (5) working days.
In the event that the structure is not adjusted within said time frame, the Engineer shall have the right to engage a third
party to complete the work, and to withhold the cost of such work from payments due the Contractor.
The Engineer will also notify the Contractor in writing of any structures that were covered during the paving operation
The Contractor shall then have five (5) working days to make said structure accessible or will be subject to the
constraints of the previous paragraph with respect to a third party completing the work.
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Payment will be made under:
Pay Item
Pay UMt
210.01 Adjust Valve Box Each
210.02 Adjust and Replace Top Section of Valve Box Each
210 03 Adjust Valve Box with Ring Each
210 04 Adjust Valve Box with Screw Type Adjustable Riser Each
210.05 Adjust Manhole With Ring Each
The above pay items shall include full compensation for f rmishing all labor, matenals, tools, equipment, and r
incidentals, and for doing all the work involved in adjusting structures, complete-m-place, as shown on the plans, as
specified in these specifications, and as directed by the Engineer
Project Specifications - Page 6 of 10
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REVISION OF SECTION 405
HEATING AND SCARIFYING TREATMENT
Section 405 of the Standard Specifications is hereby deleted for tins project and replaced with the following
DESCRIPTION
This work shall consist of rehabilitating the existing surface layer of existing asphalt pavement Rehabilitation shall
pa be done with specially designed equipment in a simultaneous multi step process of heating, scarifying, applying an
asphalt rejuvenating ;agent, and thoroughly re -mixing and re -shaping the old asphalt surface, and then placing an
overlay of new hot mix bitummous pavement in compliance with the lines, grades, thickness and typical cross sections
shown on the plans or established by the Engineer. The work shall include compacting the rehabilitated surface.
NOTE: Tins work shall be performed with a single machine that heats, scarifies, rejuvenates, and spreads virgin
material all in one continuous pass. Additional pre -heaters may be utilized to achieve specified depth and temperature
Turn Bays delineated by median curb will not be included in this project.
Signal Loops will be lowered to a minimurn depth of 6 inches prior to construction under separate contract
Taper planing will be: provided prior to construction under separate contract.
MATERIALS
Asphalt rejuvenating agent used to restore the existing pavement shall be approved by the Engineer prior to use, and
shall conform to Section 702.04 and revisions thereto A manufacturer's certification shall be submitted for each load
of rejuvenating agent delivered to the project.
The Contractor shall be responsible for taking sufficient cores, a minimum of 10 various locations representing the
entire project in each city, to determine the bitumen content, absolute viscosity and penetration of the bitumen in the
top l" of the pavement The Contractor shall utilize this data to establish the type and amount of rejuvenating additive.
The recommended amount, with the test data and core locations, shall be submitted with the rejuvenate mix design
to the Engineer 30 days prior to construction for approval. Rejuvenating agent will be paid by the gallon of actual field
measured quantities Costs associated with producing the mix design will not be measured or paid for separately, but
will be considered incidental to the work.
Grading CX hot mix bituminous material will be provided by the City, including haul to the project, under separate
contract.
EQUIPMENT
The Contractor shall specify in the bid proposal the type of equipment intended for use on this project. The equipment
shall be on the project in operating condition a minimum of 24 hours before beginning operations to allow for
evaluation by the Engineer. The Engineer reserves the right to reject equipment deemed not suitable for the intended
purpose at no additional cost to the City.
The recycling equipment shall meet the following requirements.
Repaver Equipment
The equipment for this work shall be a self-contained, self-propelled, automated unit capable of heating,
scarifying (or milling), mixing, redistributing, and leveling the existing asphalt pavement to the specified
Project Specifications - Page 7 of 10
REVISION OF SECTION 405
HEATING AND SCARIFYING TREATMENT
depth of one (1) inch, all in a single pass
It shall have a means of automatically applying an asphalt rejuvenating agent at a uniform rate as shown on
the plans or as directed by the Engineer It shall be capable of applying a one (1) inch new hot mix
bituminous pavement layer over the hot, partially compacted recycled mixture
Heating Unit
This unit shall be hooded to prevent damage to adjacent property and plant growth, including trees and
shrubs. It shall be capable of heating the pavement surface to a temperature high enough to allow _
scarification to the required depth without brealdng aggregate particles or charring the pavement surface.
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Scarifying or Milling Units
The scarifiers or rotary millers shall be able to penetrate the pavement surface to a minimum depth of one (1)
inch in one pass Scanfiers or millers shall be equipped with separate, automatic height adjustments which
allow clearance over manholes and other obstructions
Rejuvenating Agent Applicator
This system shall automatically add rejuvenating agent to the scarified material at a uniform rate as approved
by the Engineer. The application rate shall be synchronized with the machine's forward speed to maintain
a tolerance within 5% of the specified rate The Contractor shall provide detailed information regarding
calibration within six months of the beginning of the project
Conveying System
This system shall consist of a receiving hopper and conveying system to collect and transport new hot mix
bituminous pavement material to the finishing unit
Recycling Unit
This unit shall consist of a system which mixes, distributes, and levels the scarified material over the width
being processed to produce a uniform cross-section, grade and texture of recycled material.
Finishing Unit
Rollers
This unit shall have automatic screed controls to produce a surface conforimng to that shown on the plans or
as directed by the Engineer. The unit shall be capable of producing a uniform slope, grade and texture
Rollers shall conform to Section 401 and revisions thereto.
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Project Specifications - Page 8 of 10
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REVISION OF SECTION 405
HEATING AND SCARIFYING TREATMENT
CONSTRUCTION REQUIREMENTS
Immediately before pavement recycling, the pavement to be treated shall be broomed or otherwise cleaned of all loose
particles, trash, debris, earth or other deleterious materials. All weeds in the gutter line shall be removed
The Contractor shall use all means necessary to prevent the spread of dust and debris during the performance of the
work The Contractor shall be responsible for protecting the area adjacent to the work from heat damage. If damage
occurs, the Contractor shall replace all damaged areas, landscape, curb, parked vehicles, overhead lines, etc , at no cost
to the City. Where equipment comes into contact with tree branches and other plant material, the contractor shall
exercise suitable caution to avoid damage to all trees, shrubs, and other plant material All trimming shall be
performed under the direction of the Engineer or City Forester.
The Contractor shall provide fire fighting equipment, which will not be measured or paid for separately, but shall be
considered incidental to the work.
The heating shall be sufficient to soften the pavement to the extent that it can be scanfied or milled to a depth of one
(1) inch. Heating shall be done in a manner that will assure uniform softening and will not char the asphalt.
To provide a welded longitudinal joint, the standing edge of the adjoining asphalt pavement shall be fully heated to
a width at least 2 niches beyond the width to be scarified and rejuvenated. When a pass is made adjacent to a
previously placed mat, the longitudinal seam shall extend at least 4 inches into the previously placed mat.
Immediately following heating, the pavement surface shall be scarified or milled to the specified depth The scanfied
material shall have a temperature between 225 ° and 2650 F, unless otherwise directed by the Engineer The matenal
shall be leveled, mixed and treated with a rejuvenating agent. The application rate shall be as shown on the plans or
as approved by the Engineer Application rate for the rejuvenating agent may be adjusted as necessary to maintain a
uniform mixture.
New hot mix bituminous pavement material shall be added to the reclaimed mixture by the following method
The reclaimed material shall be gathered by a leveling device and spread to a uniform depth over the width being
processed After it is placed, and while it still has a residual temperature of at least 190 ° F, a one (1) inch layer of new
hot bitummnous pavement material shall be placed over it. Grading CX hot mix bituminous material will be provided
by the City, including haul to the project, under separate contract.
Compaction equipment shall be of sufficient type and size to compact the surface course to the required density
Due to varying properties of the existing asphalt pavement, the following adjustments shall be made if required and
as directed by the Engineer.
Depth of scarification may be vaned.
Application rate for rejuvenating agent or other asphaltic material may be adjusted as necessary to
maintain a uniform mixture
Application rate for new hot mix bitummous pavement (pounds per square yard) may be adjusted
to maintain the design depth of combined recycled and new hot bituminous pavement.
The Contractor shall place temporary pavement marking tape on the newly overlaid roadway for the purpose of
temporary delineation The temporary pavement marking tape shall be placed daily, on the former alignment of
previously existing centerline and lane line striping, on the area paved The Contractor shall be responsible to ensure
Project Specifications - Page 9 of 10
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RE�'ISION OF SECTION 405
HEATING AND SCARIFYING TREATMENT .�
accurate placement of the temporary pavement markuig tape Tape shall be reflective and uniform in color to the `J
existing striping color they are replacmg The Contractor shall place the temporary pavement marinng tape in two ..,
(2)foot strips,at twenty foot(20')maximum spacmg. The cost of temporary pavement marlang tape and installauon
shall not be measured or paid for separately,but stiall be included in the cost of the Work. Temporary pavement �
marking tape shall be submitted for apprwal by the Eng►neer prior to construchon.
TRAF'FIC CONTROL �
City of Loveland: Traffic Controi for the City of Loveland shall be pmvided by the Contractor in accordance --
with MUTCD. Specific mformahon regardmg traffic control requirements may be obtained
firom Bill Hange, City of Loveland,Traffic Department, 970-962-2528 `�
Crty of Fort Collins: Traffic Control will be provided by the City of Fort Colhns Streets Department under �
separate contract Extensive coordutahon between the Conuactor and the Sueets �,
Department is required The Contractor shall meet with the TCS a muumum of seven(7)
days pnor to construction to coordmate the traffic conuol necessary to complete the pro�ect —
In the event the pro�ect is delayed,the Contractor is requued to notify the TCS a miiumum
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of 24 hours prior to startmg work agazn
All work shall be performed between the hours of 7.00 a.m and 6:00 p m,weekdays,or as directed by the City Traffic ^
Department. �
MANHOLES AND WATER VALVES �
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Manholes&valves shall be adjusted immediately following the paving operation,using rings provided by the City,
as described in Revision of 5ection 210,Ad�ust Manholes,Valve Boxes,Meter Boxes enclosed herein —
WEATHER LIMITATIONS "
Weather lunitat�ons for work on tlus item sLall be a mimmum of 50°F,and rismg
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METHOD OF MEASUREMENT
HeaUng and scarifying treatment will be measured by the square yard completed and accepted.
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Re�uvenating Agent will be measured by the gallon of actual matenal used m place .-,
BASLS OF PAYMENT `J
The accepted quantihes of pavement recychng will be paid at the contract umt pnce per squaxe yard. Payment shall —'
include cleaning the existu►g pavement surface,heating,scanfying,redistributing,leveluig,placing and compactrng `,,
bituminous pavement. Asphalt re�uvenaUng agent will be paid for by the gallon used in place.
Payment will be made under•
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Pav Item Unit ,_
405.01 Hot-In-Piace Recycling Square Yard �
405 02 Rejuvenahng Agent Gallon
Pro�ect Specifications-Page 10 of 10 `J
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18 . 0 CONTRACT SECURITY. �
The General Conditions and the Supplementary Conditions set forth OWNER' s ^
requirements as to performance and other Bonds. When the Success£ul Bidder
delivers the executed Agreement to the OWNER, it shall be accompanied by U
the required Contract Security -
19 .0 SIGNING OF AGREEMENT U
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 `J
OWNER with the required Bonds. Within ten (10) days thereafter, OWNER �..
shall del.iver 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 `J
in the Contract Price. Reference is made to the Ger_eral and Supplementary ^
Conditions .
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21 .0 RETAINAGE.
Provisions concerning retainage are set forth in the Agreement . �
22 . 0 PURCHASING RESTRICTIONS. �
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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.
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A. Cement Restrictlons: City of Fort Collins Resolution 91-121 requires "
thaC 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 V
Bid will be re�ected and reported to authorities as such. Your authorized -,
signature of this Bid assures that such Bid is genuine and is not a
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7/96 Section 00100 Page 8 '-'
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� 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 Pui-chasing office seven (7) days after
� the Bid Opening.
� END OF SECTION
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� SECTION 00300
� BID FORM
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SECTION 00300
� BID FORM
� PROJECT: HOT-IN-PLAC23 RECYCLING; BID #5502
P1ace Lawrence, KS
� Date _ May 17, 2000
1. In compl�iance with your Invitation to Bi3 dated April 24, 2000
and sub�iect Co all conditions thereof, 1=he undersigned
Cutler Repaving, Inc. a ** (Corporation, Limited Liability
Company, Partnership, Joint Venture, or �;ole Proprietor) ** authorized to do
� business� in the State of Colorado he:�eby proposes to furnish and do
everything required by the Contract Documents to which this refers for the
construc�tion of all items listed on the following Bid Schedule or Bid
� Schedules .
2 . The undersigned Bidder does hereby declaze and stipulate that this proposal
is made in good faith, without collusion or connection wzth any other
person or persons Bidding for the same Work, and that zt is made in
pursuance of and sub�ect to all the term;s and conditions of the Invitation
� to Bid � and Instructions to Bidders, the Agreement, the detailed
Specifications, and the Drawings pertaining to the Work to be done, all of
which have been examined by the undexsicned
� 3 . Accompanying this Bid is a certified or cashier' s check or standard Bid bond
in the sum of 5� of Bid Amount ($
) in accordanc.e with the Invitation To Bid and
Instructions to Bidders .
� 4 . The undersigned Bidder agrees to executf=_ the Agreement and a Performance
Bond and; a Payment Bond for the amount of the total of this Bid within
fifteen ;(15) calendar days from the date when the written notice of the
� award of the contract is delivered to him at the address given on this Bid.
The name and address of the corporate surety with which the Bidder
proposes� to furnish the specified performance and payment bonds is as
� folloWs : Hartford Fire Insurance Co. , Hartford Plaza Hartford, CT 06115
�
5 . All the various phases of Work enumerate�d in tY�e Contract Documents with
a their individual �obs and overhead, whether specifically mentioned,
included�by implication or appurtenant thereto, are to be performed by the
� CONTRACTOR under one of
the items listed in the Bid Schedule, irrespective of whether it is named
in said list_
6 . Payment for Work performed will be in accordance with the Bid Schedule or
7/96 Section 00300 Page 1
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Bid Schedules subject to changes as provided in the Contract Documents .
7 . The undersigned Bidder hereby acknowle:dges receipt of Addenda No. �
througYi �'
�
Cutler Repaving, Inc.
� CONTRACTOR
�
� BY:
� John R. Rathbun, Vice President - Sales
� � �
ADDRESS: 921 F.ast 27th Street
� � Lawrence, KS 66044-4917
�
8 . BID SCHEDULE (Base Sid)
� Please use attached Bid Schedule
i
� 9 . PRICES
i
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 seve�-al kinds called for.
� Bidder �acknowledges that the OWNER has t:he right to delete items in the Bid
or change quantities at his sole discret:ion without affecting the Agreement
or prices of any item so long as the deletion or change does not exceed
� twenty-,five percent (250) of the total Agreement Price .
� RESPECT L IT
� v I � 5-17-00
Signature Date
, Vice President - Sales
, Tit1e
� License Number (Tf Applicable)
7/96 i Section 00300 Page 2
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� May 12, 2000 I
CITY OF FOR COLLINS I
� PLANHOLDERS LIS'f FOR
BID #5502
HOT-IN-PLACE RECYCLING PROJECT �
1 CU i�LER REPAVING I
921 E 27TH ST �
LAWRENCE, KS 66046 �
� PH 785-843-1524 I
FA�: 785-843-3942 �
� LAFARGE i
180i� N TAFT HIL.L RD
FT. COLLINS, CO 80521
' PH 970-407-3600
FA�; 970-407-3900 I
GALLAGHER ASPHALT �
' 181 iJ0 S INDIANi�AVE
THORNTON, IL 60476 I
� PH 708-877-716Q
FP,X. 708-877-5222
� ROCKY MOUNTAIN SAFETY I
2411 E FOX FA�:M RD �
CHEYENNE, WY 82007
e PH 970-532-3314
FAX 307-638-4357
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� Address 921 East 27th Street
� ��� 1 � � Lawrence, KS 6Ei044-4917
. � Y� ( � �5 ��
� '` � �s '� ' �' .Telephone 785-843-1524
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� SECTION 00400
� SUPPLEMENTS TO BID FORMS
00410Bid Bond
00420Statement of Bidder' s Qualifications
00430 Schedule of Subcontractors
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SECTION 00410
� BID BOND
� KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned Cutler Repaving, Inc.
as Principal, and Hartford Fire Insurance Company as
Su-rety, are hereby held and firmly bound unt bthe Citv of Fort Collins . Colorado
� as OWNER. in the sum of $56 of thA attarha�l �r the payment of which, well and
truly to be made, we hereby jointly and severally bind ourselves, successors, and
assigns .
� THE CONDTTION of this obligation is such that whereas the Principal has
submitted to the Citv of Fort Collins . Coloraao the accompanying Bid and hereby
� made a part hereof to enter into a Construction Agreement for the construction
of Fort Collins Project, HOT-IN-PLACE RECYCLING; BID #5502 .
� NOW THEREFORE,
(a) If said Bid shall be rejected, or
� (b) If said Bid shall be accepted and the Principal shall execute and deliver
a Contract in the form of Contract attached hereto (properly completed in
� accordance with said Bid) and shall furnish a BOND for his faithful
performance of said Contract, and for payment of all persons performing
labor or furnishing materials in connection therewith, and sha11 in all
other respects perform the Agreement created by the acceptance of said Bid,
then this obligation shall be void; otherwise the same shall remain in
force and effect, it being expressly understood and agreed that the
liability of the Surety for any and al.l claims hereunder shall, in no
event, exceed the penal amount of this obligation as herein stated.
� The Surety, for value received, hereby stipulates and agrees that the obligations
of said Surety and its BOND shall be in no way impaired or affected by any
extension of the time within which the OWNER may accept such Bid; and said Surety
� does hereby waive natice of any such extension.
Surety Companies executing bonds must be authorized to transact business in the
� State of Colorado and be accepted by the OWNER.
�
�
�
� 7/96 Section 00410 Page 1
� �
,� .
� IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands
and seals this llth day of May , 2000 , and such of them as are
corporations have caused their corporate seals to be hereto affixed and these
� presents to be signed by their proper officers, the day and year first set forth
above.
� PRINCIPAL SIIRETY
Name: Cutler Repaving, Inc. Hartford Fire Insurance Company
� Address : 921 E. 27th Street Hartford P1aza
� Lawrence, KS 66046 Hartford, CT 06115
By: .�(.�Ct,�.-eu.� By: ����'�. `%',�,��
� Barbara Talty
Title: �R�SIJ�'�� Title:_ Attorney-in-Fact
� ATTEST:
By: � � -
�
� (SEAL) (SEAL)
� �}9P � � -
.� C Y,Y
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7/96 Section 00410 Page 2
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� HARTFORD FIRE INSURANCE COMPANY
Hartford,Connecticut
POWER OF ATfORNEY
Know all men 6y these Presents,That HARTPORD FIRE INSUR4NCE COMPANY,a corpor2hon duly organized under the laws of the State of Connecticut,and hawn9 ds
pnncipal o�ce m the Ciry of Hartford.Counry of Hartford State of Connecticut,does hereby make,constdute and appoint
� GARYA REMLEY W/LGlAMSCHIFMAN BARBAJLI TALTYand
DEBORAX McCLENDON oJ MISSlON KANSAS
ds true and lawful Attomey(s)-m-Fad,wdh full power and authonty to each of said Attorney(s}-in-Fact,m thev separate capaatv rf more than one is named above,to sign,execute anC
acknowiedge any and all bonds and underfakings and other wnhngs obligatory m the nature thereof on behalf of the Company m ds business of guaranteemg the fidehty of persons
hoidmg places of pubiic or pnvate Vust,guaranteemg the performance of contracts other than msurance pohcies,guaranteeing the performance of insurance contracts where surety
bonds are accepted by states and muniapahties,and executing or guaranteeing 6onds and undertak�ngs reqwred or permitted in all actions or proceedmgs or by law aliowed and to
bind HARTFORD FIRE INSUR4NCE COMPANY ihereby as fully and to the same extent as rf such bonds and undertakings and other wnGngs o6hgatory m the nature thereof were
signed by an Executive Officer of FARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers,and hereby rzhfies and confrms all that its said
�Attorney(s)-in-Fact may do m pursuance hereof
This Power of Attomey is g2nted under and by authonty of the By-Laws of HARTFORD FIRE INSUR4NCE COMPANY ("the Company')as amended by the Board of Directors at a
meeting dWy called and held on July 9.1997,as follows
� ARTICLE IV
SECTION 7 The President or any Vice President or Assistant Vice-President,acting with any Secretary or Assistant Secretary shall have power and authority to sign and
execute and attach the seal of the Company to bonds and undertakings,recongnrzances,contrects of indemmty and other wnhngs obOgatory in the nature thereof,and such mstruments
so s�gned and executed,wdh or vnthout the common seal shall be vand and binding upon the Companv
SECTION 8 The President or any Vice-President or any Assistant Vice Pres�dent acting with any Secretary or Assistant Secretary,shall have power and authonty to appoint,
for purposes only of execuUng and attesting bonds and undertakings and other wntmgs obhga[ory in the nature thereof, one or more res�dent Vice Presdents, resident Assistant
Secretaries and Attomeysan-Fact and at any hme to remove any such resident Vice-Pres�dent,resident Assistant Secretary,or Attomey-in-Fact,and revoke the power and authonTy
given to him
Resolved,that the signatures of such Officers and the seal of the Company may be affixed to any such power of attomey or to any ceRificate relaUng thereto by facsimtle and
any such power of attomey or ceNficate beanng such facsimiie signatures or facsimde seal shall be vand and bindmg upon ihe Company and any such power so executed and cerGfied
by facsimde sgnztures and Nacsimtle seal shall be vabd and bmdmg upon the Company m the future with respect to any bond or undertaking to which d is attached
In Witness Whereof.HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice-President, and its corporate seal to 6e
, hereto affixed,duly attested by ds Secretary,this�4th day oF May,1999
HARTFORD FIRE INSURANCE COMPANY
�f��
a�a�'� Cl . �"� � SEAL ° �j' r��
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�'�PaUT A.Befgenhol�,Assistant SeCretary Robert L Post,Assistant wce Pres�dent
STATE OF COMNECTICUT
� ss. Hartford
� COUNTY OF HAftTFORD
On th�s'14th day of May,A D 1999, before me personally came Robert L Post,to me known,who being by me duly sworn, did depose and say that he resides in the County of
}s Hartford, State of Connec4cuT, that he is the Assistant Vice-President of HARTFORD FIRE INSURANCE COMPANY,the corpo2Lon descnbed in and which executed the above
,s, msVument,that he knows the seal of the said corpora4on,thal the seai affixed to the said instrument is such wrporate seal,that it was so aKxed by order of the Board of Directors of
sa�d corporation and that he signed h�s name thereto by like order
i ri.tnr c�.!Li�/�
� � .
��AY f
o tl�Cll� + ��G/ JT!
y��, 7ean H Wozmak
� Notary Public
CERTIFICATE My Commssion Expires June 30,2004
I,the undersigned.Secretary of HARTFORD FIRE INSUR4NCc COMPANY,a Connec4cut Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF
ATTORNEY remains in fuil force and has not been revoked,and furthermore,that ArtiGe IV,Sechons 7 and 8 of the By-Laws of HARTFORD FIRE INSURANCE COMPANY,set forth
� in the Power of Attomey,are now in force
Signed and sealed at the Qty of Hartford Dated the 11 th day of May zo 00
� �f�E�
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a SEAL'
* �.
�'°�ro,,,�o.,
�ichard L Marshail,Jr,Assistant Secretary J Dennis Lane,Assistant Vice President
�Form 5-3507-9 (HF) Pnnted m U 5 A
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� SECTION 00420
STATEMENT OF BIDDER' S QUALIFICATIONS
� Al1 questions must be answered and the data given must be clear and
comprehensive. This statement must be notar�zed. If necessary, questions may
be answered on separate attached sheets . The Bidder may submit any additional
information he desires .
� 1 . Name of Bidder: Cutler Repaving, Inc.
2 . Permanent mairi office address : 921 E. 27th Street, Lawrence, KS 66046-4917
3 . When organized: 12-10-65
4 . If a corporation, where incorporated: Delaware
� 5 . How many years have you been engaged in the contracting business under your
present firm or trade name? 35
� 6 . Contracts on hand. (Schedule these, showing the amount of each contract and
the appropriate anticipated dates of completion. )
City of Wichita, KS $681,786 September, 2000
� McPherson Countv, KS $163,800 August, 2000
TXDOT District 12 $1,514,520 July, 2000
TXDOT, District 12 $1,177,002 August, 2000
� 7 . General character of Work performed by your company:
Hot In-Place Recycling of Existing Asphalt Pavements
�
8 . Have you ever failed to complete any Work awarded to you? No
�•
If so, where and why?
� 9 . Aave your ever defaulted on a contract? No
If so, where and why?
� 10 . Are you debarred by any government agency? No
If yes list agency name.
�
�
�
� 7/96 Section 00420 Page 1
�
�
� 11 . List the more important projects recently completed by your company, stating
the approximate cost of each, and the month and year completed, location
and type of construction.
Harris Countv, TX $1,134,257 Hot In-Place Recycling 12-99
SEdgwick County, KS $687,344 Hot In-Place Recycling I�—
New Mexico St. Hwy. DistII $359,982 Hot In-Place Recycling 10-99
� 12 . List your major equipment available for this contract .
Cutler Preheater, Cutler Metro Repaver, Ingersoll-Rand Compaction Equipment
� 13 . Experience in construction Work similar in importance to this
project:
35 vears of experience,over 100 million square yards completed.
�
� 14 . Background and e�erience of the principal members of your organization,
including officers :
See enclosed listing
� 15 . Credit available : $ 1,200,000
16. Bank ref erence: Dou�las County Bank, Box 429, Lawrence, KS 66044 785-865-1000
� 17 . Wi11 you, upon request, fill out a detailed financial statement and furnish
any other information that may be required by the OWNER? _
� Yes
18 . Are you licensed as a General CONTRACTOR? Yes - AZ ��086759, Class AE Paving
If yes, in what city, county and state? AR ��0022650401 Paving What
class, license and numbers? ID ��11481-AA-4 (32) Paving
Dade County, FL �FE97300 PavingjEngineering
� 19. Do you anticipate subcontracting Work under this Contract? No
If yes, what percent of total contract?
and to whom?
� 20 . Are any lawsuits pending against you or your firm at this time? No
If yes,
� DETAIL
�
� 7/96 Section 00420 Page 2
�
�
� 21 . What are the limits of your public liability2 DETAIL
General Aggregate - 2 Million Umbrella - 5 Million
What company? Royal Insurance
22 . What are your company' s bonding limitations?
The Hartford - Unlimited
� 23 _ The undersigned hereby authorizes and requests any person, firm or
corporation to furnish any information requested by the OWNER in
veri£ication of the recital comprising this Statement of Bidder� s
' Qualifications .
QDated at Lawrence, KS this 17th day of May , 2p00 .
Cutler Re avin , Inc.
Q Name ' dd
BY� � li
� Title: Vice President - Sa1es
State of Kansas
� )
County of Douglas
� John R. Rathbun being duly sworn deposes and says that he is
Vice Pres. - Sales of Cutler Repaving, Inc. and that
(name of organization)
� the answers to the foregoing questions and all statements therein contained are
true and correct .
� Subscribed and sworn to before me this 17th day of
May , Zp 00,
� Notar PublicvK ���—
q�"AY Pt�lC•St�e o1 K�sss
Judith K. Coffman �� �o oJ
� �YAppt E�ir�t
My commission expires 2-04-01
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7/96 Section 00420 Page 3
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� SECTION 00430 ,
SCHEDULE OF SLTBCONTRACTORS I�
� List all subcontractors for the work items listed below and a�ll subcontractors
� performing over l00 of the contract. �
ITEM SUBCONTRACTOR
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7/96 Section 00430 Page 1
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SPECIFICATI�NS Al'�TI�
'� COl�T'ICIE�ACT �OCUMENT'S FOR '�
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� gI0'�'-IN-PLACE laECYCLING PROJECT '
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� BID NO. 5502
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� BID OPENING: �I
PURCHASING DIVISION ,
r 256 -WEST MOUNTAIN AVF., FORT COLLINS
MAY 17, 2000 - 3:00 P.M. (OUR CLOCK) '
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C TLE RepaaDing �nc. I
� MAILING ADDRESS: P O BOX 3246 • LAWRENCE, KS 66046 � PHONE. (913) 843-1524
STREET ADDRESS 921 EAST 27TH STREET• LAWRENCE, KS � FAX� (913)843-3942
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� May 17'�, 2000
Purchasing Department
� City of Fort Collins �
256 W. Mountain Avenue �
Fort Collins, CO 80522-0580 '
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RE�Bid # 5502 Hot In-Place Recycling
� Gentlemen•
� We are in receipt of Addendum No. 1 for the above referenced bid.
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,� Yours very truly, ,
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Jolln R. Rathbun '
� Vice President/Sales
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SECTION 00500 i
AGREEMENT FORNS '
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00510Notice of Award I
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00520Agreement ,
� 00530 Notice to Proceed
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� SECTION 00510 '
NOTICE OF AWARD �i
� Date: May 31, 2000 ��
TO: Cutler Repaving, Inc . �
� PROJECT: HOT-IN-PLACE RECYCLING; BID #5502 I
OWNEI: CITY OF FORT COLLINS I�
� (hereinafter referred to as "the OWNER") �
� You are hereby notified that your Bid dated May 19, 2000 for the above project
has been considered. You are the apparent successful Bidder and have been
awarded an Agreement for HOT-IN-PLACE RECYCLING; BID #5502 . i
� The Irice of your Agreement is One Hundred Twenty Thousand Thr�iee Hundred Forty-
five Dollars ($120, 345 . 00)
I
� Four (4) copies of each of the proposed Contract Documents I(except Drawings)
accompany this Notice of Award. Four (4) sets of the �Drawings will be
delivered eeparately or otherwise made available to you immediately.
� You must comply with the following conditions precedent witihin fifteen (15)
days of the date of this Notice of Award, that is by June 13 , I2000 .
� 1 . You must deliver to the OWNER four (4) fu11y executed co'unterparts of the
Agreement including all the Contract Documents . Eachl 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 I
I
Failure to comply with these conditions within the time specified will entitle
OWNER to consider your Bid abandoned, to annul this Notice of Award and to
� declare your Bid Security forfeited. ',
Within ten (10) days after you comply with those conditions, OWNER will return
� to y�ou one (1) fully-signed counterpart of the Agreement with the Contract
Documents attached.
it of Fort Collins �
� N �
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J mes B. O'Neill II, CPPO �
� Director of Purchasina and Risk Management
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� SECTION 00520 I
� AGREEMENT I�
THIS AGREEMENT is dated as of the 31st day of May 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} an�d
Cutler Repaving, Inc . (hereinafter called CONTRACTOR)
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
fort�, agree as follows : i
� ARTICLE 1 . WORK �I
CONTI CTOR shall complete all Work as specified or indicated in the Contract
� Documents . The Project for which the Work under the ContractlDocuments may be
the whole or only a part is defined as HOT-IN-PLACE RECYCLINi; BID #5502, and
� is ginerally described in Section 01010 .
�
ARTICLE 2 . ENGINEER I
� The Iro�ect has been designed by City of Fort Collins Engineering Department,
who is hereinafter called ENGINEER and who will assumel all duties and
responsibilities and will have the rights and authority assigned to ENGINEER
in the Contract Documents in connection with completion iof the Work in
acco�dance with the Contract Documents . i
�
� ARTICLE 3 . CONTRACT TIMES il
3 . 1 Contract Period. This Agreement shall commence when this contract
� is signed by the City, and shall continue in full force until March 31, 2001,
unleas sooner terminated as herein provided. In addition at the option of the
City, the agreement may be extended for additional one yea�r periods not to
� exceed two (2) additional one year periods . Pricing changes, lif any, shall be
negotiated by and agreed to by both parties in writing.
3 .2 The Work shall be Substantially Complete within 12 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 30 calendar days after
� subs�tantial completion. I
3 .3 . Li�uid�ted Damages . OWNER and CONTRACTOR recogniz�e that time is of
� the essence of this Agreement and that OWNER will suffer fina�ncial loss if the
Workl is not completed within the times specified in paragraph� 3 . 1 . above, plus
any extensions thereof allowed in accordance with Article 1�2 of the General
� Conditions . II
� ��96 Sectio�n 00530 Page 1
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� They also recognize the delays, expenses and difficulties involved in proving
in legal proceeding the actual loss suffered by OWNER if the Work is not
� comp eted on time. Accordingly, instead of requiring any such proof, OWNER
and ONTRAC'COR agree that as liquidated damages for delay (but not as penalty)
CONT CTOR shall pay OWNER the amounts set forth hereafter.
� 1) 3ubstantial Completion:
One Thousand Dollars (51. 000 . 00) for each calendar day or fraction
t=hereof that expires after the twelve (12) workirlg day period for
� 3ubstantial Completion of the Work until the Work is Substantially
Complete.
� 2) I^inal Acceptance:
After Substantial Completion, One Thousand Dollar� (S1 000 OOL for
e�ach calendar day or fraction thereof that expires after the thirty
(30) calendar day period for Final Payment and Acceptance until the
- Work is ready for Final Payment and Acceptance.
� ARTI LE 4 . CONTRACT PRICE
4 . 1 . OWN3R shall pay CONTRACTOR for performance of the Wiork in accordance
with the Contract Documents in current funds as follows : One Hundred Twenty
� Thousand Three Hundred Forty-five Dollars ($120, 345 . 00) , i�n accordance with
Section 00300, attached and incorporated herein by this refer nce .
� ARTI LE 5 . PAYMENT PROCEDURES
CONTRP,CTOR shall submit Applications for Payment in accordance with
� Arti le 14 of the General Conditions . Applications for Payment will be
proc ssed by ENGINEER as provided in the General Conditions.
� 5 . 1 . PROGRESS PAYMENTS. OWNER shall make progress payments on account
of he Contract Price on the basis of CONTRACTOR' s Application for Payment as
reco mended by ENGINEER, once each month during construc�ion as provided
belo . All progress payments will be on the basis of the pra�gress of the Work
meas red by the schedule of values established in paragraph 2 . 6 of the General
� Con itions 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 l . l . Prior to Substantial Completion, progress payments will be in the
� amo nt equal to the percentage indicated below, but, in each case, less the
agg egate of payments previously made and less such amounts �as ENGINEER shall
determine, or OwNER may withhold, in accordance with parag�lraph 14 . 7 of the
� General Conditions . 90% of the value of Work completed un�til the Work has
bee SOo completed as determined by ENGINEER, when the retainage equals So of
the Contract Price, and if the character and progress of tlie Work have been
satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may
determine t.hat as long as the character and progress of the Work remain
satisfactory to them, there will be no additional retainage on account of Work
- �� 6 Section 00530 Page 2
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comp eted iri which case the remaining progress payments prior to Substantial
Comp etion will be in an amount equal to 100% of the Work c�mpleted. 90% of
mate ials and equipment not incorporated in the Work (but delivered, suitably
� stor d and accompanied by documentation satisfactory to OWNE� as provided in
para raph 14 .2 of the General Conditions) may be included iri �he application
for ayment .
� 5 . 1 .2 . Upon Subs�antial Completion payment will be m de in an amount
suff ' cient t;o increase total payments to CONTRACTOR to 95°s�of the Contract
� Pric , less such amounts as ENGINEER shall determine or OWNEFd may withhold in
acco dance with paragraph 14 7 of the General Conditions or as provided by
law.
� 5 .2 . I�INAL PAYMENT. Upon Final Completion and Acceptance of the Work in
acco dance with paragraph 14 . 13 of the General Conditions, OWI�ER shall pay the
rema'nder of the Contract Price as recommended by ENGINEER as provided in said
� para raph 14 . 13 .
ARTI LE 6 . CONTRACTOR'S REPRESENTATION
� In order to induce OWNER to enter into this Agreement, CONTRACTOR makes
the ollowing representations :
� 6 .I . CONTRACTOR has familiarized himself with the natv,re and extent of
the ontract. Documents, Work, site, locality, and with all local conditions
and Laws and Regulations that in any manner may affect cost, progress,
� perf rmance or furnishing of the Work.
6 .2 . CONTRACTOR has studied carefulZy all reports of explorations and
� test of subsurface conditions and drawings of physical cond�itions which are
iden ified in the Supplementary Conditions as provided in paragraph 4 .2 of the
Gene al Conditions .
� 6.3 . CONTRACTOR has obtained and carefully stud' ed (or assumes
resp nsibility for obtaining and carefully studying) all sulch examinations,
� inve tigations, explorations, tests, reports, and studies (in addition to or
to s pplement those referred to in paragraph 6 .2 above) which pertain to the
subs rface or physical condition at or contiguous to the site or otherwise may
affe t the cost, progress, performance or furnishing of the Work as CONTRACTOR
cons ders necessary for the performance or furnishing of �he Work at the
Cont act Pri.ce, within the Contract Times and in accordance� with the other
term and conditions of the Contract Documents, including Ilspecifically the
� prov' sions of paragraph 4 .2 of the General Conditions; and no additional
exam'nations, investigations, explorations, tests, reports, stiudies or similar
info mation 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 i dicatect on the Contract Documents with respect to exisiting Underground
� Facz ities ait or contiguous to the site and assumes responsibility for the
accu ate location of said Underground Facilities . No additiorial examinations,
7�9 Sectio 00530 Page 3
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� inve tigations, explorations, tests, reports, studies or similar information
or d ta in respect of said Underground Facilities are or will be required by
CONT CTOR in order to perform and furnish the Work at the Contract Price,
with'n the Contract Times and in accordance with the other terms and
cond' tions o£ the Contract Documents, including specifically the provision of
para raph 4 3 of the General Conditions .
� 6 . 5 . CONTRACTOR has correlated the results of all s ch observations,
exam'nations, investigations, tests, reports and data with the terms and
� cond' tions of the Contract Documents .
6 . 6 . CONTRACTOR has given ENGINEER written notice of all conflicts,
erro s or discrepancies that he has discovered in the Contract Documents and
� the ritten resolution thereof by ENGINEER is acceptable to CQNTRACTOR.
ARTI LE 7. CONTRACT DOCUMENTS
� 7 . 1 The Contract Documents which comprise the entire Agreement between
pWNE and CONTRACTOR concerning the Work consist of the Gerieral Conditions,
� Supp ementary Conditions, those items included in the definition of "Contract
Docu ents" in Article 1 . 10 of the General Conditions, and sueh other items as
are eferenced in this Article 7, a11 of which are incorporated herein by this
� refe ence.
7 .2 Forms for use by CONTRACTOR in performing the Work and related
acti ns in carrying out the terms of this Agreement are deemed Contract
� Docu ents ar�d incorporated herein by this reference, and include, but are not
Ximi ed to, the following:
� 7 .2 . 1Certificate of Substantial Completion
7 .2 .2 Certificate of Final Acceptance
7 .2 .3 Lien Waiver Releases
� 7 . 2 .4 Consent of Surety
7 .2 . 5Application for Exemption Certificate
7 .2 . 6Application for Payment
� 7 .3 Drawings, None
7 .4 . Addenda Number 1 .
� 7 .5 . The Contract Documents also include all writtem amendments and
othe documents amending, modifying, or supplementing the Contract Documents
� purs ant to paragraphs 3 .5 and 3 .6 of the General Conditions .
7 .6 . There are no Contract Documents other than Ithose listed or
� inco porated by reference in this Article 7 . The Contract Documents may only
° be a ended, modified or supplemented as provided in paragraph�s 3 .5 and 3 . 6 of
Che eneral Conditions .
�
� ��9 Section 00530 Page 4
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� ARTI LE 8 . P9ISCELLANEOUS
5 . 1 . Terms used in this Agreement which are defined in Article I of the
� Gene al Conditions shall have the meanings indicated in the General
Cond' tions .
8 .2 . No assignment by a party hereto of any rights undlr or interests in
� the Contract Documents will be binding on another party hereto without the
writ en consent of the party sought to be bound; and specifically but not
with ut limitations, moneys that may become due and moneys Ithat are due may
� not e assigned without such consent (except to the extent that the effect of
this restriction may be limited by law) , and unless specifica�lly stated to the
cont ary in any written consent to an assignment no assignme�t will release or
� disc arge that assignor from any duty or responsibility under the Contract
Docu ent
� 8 .3 . OWNER and CONTRACTOR each binds itself, its partners, successors,
assi ns and legal representatives to the other party hereto, its partners,
succ ssors, assigns and legal representatives in respect to all covenants,
� Agre ment and obligations contained in the Contract Document .
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SECTION 00020
� INVITATION TO BID
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� OWN R C Y OF FORT COLLINS CONTRACTOR: CUTLER REP,AVING, INC.
BY� �� �-f. -f�+cLC�(/ By: ;.�p;;�
� JOH S�HBACH, CITY MANAGER ' „1�-F° ="�
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BY• � .� .�;}�.rTM" tt�-
B. O'NEIL�,` o �.t�19/1�,�� � V ��1C%Z`:%�A�°"p�����"r,:..
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D CTOR OF PURCHASING Title: QE'�, ,C� ,,,- ,��� � c.��; _ k>'
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AND RISK MAN GEMENT ^� =�y;;- - �_" %` _
Date �.uw� �i� �vY/ur" :'F�/'''• " �i ��``�
Date: E• `J'`��;�
� ,�F FORTc . -,. �i�-•.... �;����'°
.�"��., •"���••• <� (CORPORATE SEAL) • � �� ` �����s��
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� Att �. Attest :
�. ,�"i Cler c
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.��� .•'� Ygiving notices Address for giving notices :
P. . Box 530 9a! �. a7� Si,Q�� T
� Fort Collin,s, CO 80522 ,LAtJ,efnlC�' I�S ��c,bL{(o
� LICENSE NO. :
Appr ved as to Form
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� Assistant City Abto_r-ne.
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SECTION 00530
NOTICE TO PROCEED
� Desc iption of Work: HOT-IN-PLACE RECYCLING; BID #5502
To•
This notice is to advise you:
That the contract covering the above described Work has been fully executed by
the ONTRAC'POR and the OWNER.
That the required CONTRACTOR's Performance Bond and Payment Bond have been
rece 'ved by the OWNER.
That the OW]VER has approved the said Contract Documents .
� Ther fore, as the CONTRACTOR for the above described Work,l you are hereby
auth rized and directed to proceed wsthin ( ) calendar days from
� rece 'pt of i�his notice as required by the Agreement .
Date this _ day of , 20
I The ates for Substantial Completion and Final Acceptance sha�ll be
, _= and , 20^, respectively.
Cit of Fort Collins
OWNE
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Titl :
� ACKN WLEDGMENT OF NOTICE
Rece pt of the above Notice to Proceed is hereby acknowledged this day
� of , 20_
CONT CTOR
� �y:
Titl :
� ��96 Section 00530 Page 1
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SECTION 00600
BONDS AND CERTIFICATES
00610 Performance Bond
- 00615 Payment Bond
00630Certificate of Insurance
00635 Certificate of Substantial Completion
00640 Certificate of Fina1 Acceptance
� 00650 Lien Waiver Release (CONTRACTOR)
�1
00660Consent of Surety
00670Application for Exemption Certificate
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SECTION 00610
� PERrO?2MANCE BOND 37BCSAJ8664
Bond No.
� KNOW ALL MEN BY THESE PRESENTS: that
� (Firm) Cutler, Repaving, Inc.
(Address) g21 E• 27th St., Lawrence, KS 66044
(an Individual) , (a Partnership) , (a Corporation) , here�nafter referred to as the
"Principal" and
�'
(Flrm) Hartford Fire Insurance Company
(Addr��ss) Hartford Plaza, Hartford, CT 06115
� hereinafter refc°rred to as "the Surety'� , are held and £irmly bound unto Citv of
d Fort Collins , 300 Laporte Pve . Fort ollins . Colorado 80522 a (Municipal
Corporation) Y}ereinafter referred, to, as the "OtvNER" ,• in. the �penal� sum of
One Hundred Twenty Thousand Ttiree Hundred •n lawful money of the Un�ted States, for the
�. pay�-�nei o whic sum weli anc� •tnily�to be made, we bind ourselves, successors and
assigns, �ointly and severally,"fii-mly by these presents .
� THE CONL'ITIONS OF THIS OBLIGATION are such that whereas the Principal entered
��
into a certain Agreement witn the OwNER, dated the _,3/s t day of � ,
� 20�, a copy of which is hereto attached and made a part hereof for the
performance of The City of Fort Collins pro�ect HOT-IN-PLACE R�CYCLING; BID
#5502
� NOW, THEREFORE, if the Principal sha�l well, truly and faithfully perform its
�� dutie�,, al1 the undertakings, covenants, tenns, conditions and agreements of said
� Agreement duri�ng the original term tr.ereof, and any e:ttensions 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 �,uch Agreement, and shall f�lly �ndemnify and save haY-mless the
�° OWNER from all cost and damages which it may suf`er by reason of failure to do
�3 so, axid shall reimburse ar_d repay the OWNER all outlay and expense which the
OWNER may incur in making good any de�ault ther_ th?s obl�gation shall be void;
� otherwise to reroain in full force and effect
� �
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7/9f> Sect�on 00610 Page 1
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PROVIDED, FUftTHER, that the said Surety, for value rece�ved, hereby stipulates "
and agrees tnat r_o change, extension of time, alteration or addition to the terns
of the Agreement or to the Work to be performed thereu_nder or the Specifications ^
accompar.ying the same sha11 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 u
shall abr�dge the r�ght of any beneficiary hereunder, whose claim may be --
unsatisfied.
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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 ?s executed in four (4) counterparts, each ,..,
one of which shall be deemed an original, this �St day of `� U n�F ,
20�. ` "
.-,
IN PRESENCE OF: Principal Cutler Repaving, Inc.
C�.�.�. � "
�
�� �2E5� ,�E�fT' �
- � �'� (Title)
��.r ,��+,y r,. .-,
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, '� {'r � ,v�;�"; 921 E. 27th St ., Lawrence, KS 66044 "
- � ` � �� .
� , ri.''2>> 1 • i ����� (P_ddress)
A e�
K , �6{Corporate flSeal)
, , l IN �PRESEN��E`OF: Other Partners �
,,g"��•�.�,'� ��,�',�,��\� By: .-.,
.. , �. � ,� � �
� By:
IN PRESENCE OF: Surety Hartford Fire Insurance Company �
�. �z,�.. By: �.��,ra o���-- --
i (h � ✓ -� Barbara Talty, Attorr%�e -in-Fact
/�, t A� ,� r /�� � /���� BY_ Hartford Plaza, Hartford, CT 06115 `-'
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`F"a�`�-�`�' (,Surety Seal) �
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'n'� ��`�`NOTE: �,`Date of Bond must not be pr_or to date of Agreement . If CONTRACTOR �
„,.S° �,s� � "" , 1
;�� �, �� , •�� is Partnership �l partners s?Zould execute Bond.
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't1� 7/96 Section 00610 Page 2 �
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� i SECTION 00615
I PAYMENT BOND
� � 3ond No. 37BCSAJ8664
KNOW ALL MEN BY 'PHESE PRESENTS : that
� (gi�) Cutler� Repaving, Inc.
(Address) 971 F _ �7th � � Tac.rranra KS 66�44
� (an Individual) �, (a Partnership) , (a Corporation) , hereinafter referred to as the
"Principal" and
z -
(Fi��_ Hartford Fire Insurance Company
� Hartfo'rd Plaza, Hartford, CT 06115 �.
(Address)
� hereina�fter referred to as "the Surety" , are held and fi�-m1y bound unto the Citv
of Fort Collins . 3Q0 Laporte Ave . Fort Co11�ns . Colorado 80522 a (Munic�pal
Corporation) hereinafter .referred to as "the O'�VDTER" ,` �n� the perialj sum of
�Qne Hundred Twen��t T�h�isand Three Hundred Forty ,n lawful mon�= of the United States, for
� --�v 3—�$-i Z-6��r3�&�1�`--- -Y
the pa�nnent of which sum wel'1 and� truly to be made, we bind ourselves, successors
and assigns, �ointly and severally, firmly by these presents .
� TNE COIQDITIONS �iOF� THIS OBLIGATION are such that whe�_eas the Principal entered
into a certain Agreement with the OWivER, dated the �� day of - ,
� 20�, a copy of which �s hereto attached and made a part hereof for the _
performance of �,The City of Fort Collins pro�ect, HbT-IN-PLACE RECYCLING, BID
#5502 .
� NOW, T=IEREFORE,� if the Principal shall make payment to all persons, firms,
subcontractors , '� aad corporations furnishing maCerials ior or performing labor in
� the prosecution' of the Work provided for in such Agreement and any authorized
extension or modification thereof, including a11 arnounts due for materiais,
lubricants, rep'airs on machinery, equipment �ind tools, consumed,- rented or used
� in conr�ection with the construction of such Fiork, and a11 insurance premiums on
said Wcrk, and fo:_ a11 labor, performed in sur_h work whether by subcontractor or
otherwise, thenithis obligation shall be void; otherwise to remain in full force
� and effect . �
� "�
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PROVIDED, FIIRTHER, tha= the said Surety, for value reC��ved, hereby stipulates ,__,
and agrees that no change, extension of time, alteration or Gddition to the terr��s
of the Agreement or to the Work to be performed thereunder or the 5pecifications "-'
accompanying the same shall in any way affect its obligation on th�s bor.d, and ,�
it does hereby waive notice oi any such change, extension or time, alteration or
addicion to the terms or the Agreement or to the work cr to the Specifications ^
PROVIDED, FC7RTHER, thaL no final settlemen� betwe>n the OT�IN�'R and tne CONTRACTOR �
sha11 abridge the right ei any beneficiary hereunder, whose cla�m may be -^
unsatisfied.
�
PROVIDED, FURTHSR, that the Surety Company must be aut'r+orized to transact ^
business in the State of Colorado and be acceptab:e to the OWNER.
�u
IN WITNESS WF?EREOF, this instrument is executed in four (�) counterparts, each �
one of which shall be deemed an original, chis I5 � day of �`u w�
20�. � ,
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IN PRESENCE OF: Principal Cutler Repaving, Inc.
BY= A� `� ��C� ,-,
I
� ���5 t�t�=.�T `-'
t (Title)
. 4 � � ' '�"
� �. � a ��� a�� � 921 E. 27th St ., Lawrence, KS 66044
, ,,�� ,� ;° , �; `�
v 5 ; ",', e� ; (Address)
:� ' _ '' �� �° •—�
,° � - (Corporate�Seal)
, Li ; � � � . ;� ���i�
`� L. � � e, � i. ;�#��n l�
�,i� ,SIN PRESENC� �O�E': Other Partners
'l� `� �R e�'q
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IN PRESENCE OF: Surety Hartford Fire Insurance Company
. �� BY� � if J�il Gf 1JGZ���il" "
�� ' "' (,� y Barbara Talty, Attorney� n-Fact
��`��, ��:�1��� �'(i�- By• Hartford Plaza Hartford, CT 06115 "�
� � ;,�� (Address)
(Surety_.Seal`-)� �
�' ` �°ae`,�`h
'�ii� �`e 'oy`1; `d,'�. �
, �, �_ ,4.;,a.
-��NOTEc Da�e of Bond must not be prior to date of Agreement . If. CONTRACTOR "
,�b �� , ; '_:'�'mis Partnership, all �artners should execute Bond.
'y 4F ; t � =v��Y�� -.
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, �`a .� ' "'�F,
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�'`�+�x96` , Section 00615 Page 2 �
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HARTFORD FIRE INSURAMCE COMPANY
Hartford,Connecticut
� ' POWER OF ATTORNEY
Know all men by these Presents,That HARTFORD FIRE INSURANCE COMPANY,a corporation duly organized under the laws of the State of Connecticut,and having its
pnncipal office m the Qty of Hartford,County of Hartford,State of Connechcut,does hereby make,constitute and appoint
� I GARYA REMLEY, W/LLIAMSCN/FMAN BARBARATAL7"Ynnd
I DEBORAHMcCLENDON aj MISSION,KANSAS
� ds true and lawful Attomey(s}m-Fact, �wdh full power and authority to each of said Altomey(s)-in-Fact,m their separate capacdy rf more than one is named above,to sign,execute and
acknowledge any and all bonds and undertakings and other wntings obhgatory m the nalure thereof un behalf of the Company in ds business of guaranteemg the fidelity of persons
holding places of pubhc or pnvate trust,guaranteeing the performance of contracts other than msurance pohaes,guaranteeing the pertormance of insurance conUacts where surety
bonds are accepted by states and municipaldies,and executing or guaranteeing bonds and undertakmgs reqwred or permdted in all actions or proceedings or by law allowed,and to
bind HARTFORD FII�E INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undert�kings and other wntings ob69atory m the nature thereof were
Qsigned by an Execuhve Offcer of HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Offcers,and hereby ratifes and confirms all that ds said
� Attorney(s)-irnFact may do in pursuance hereof
This Power of Attorney is granted und I r and by authonty of the By-Laws of HARTFORD FIRE INSURANCE COMPAN`(,("the Company')as amended by the Board of Dvectors at a
meehng duly called and held on July 9.I1954,as follows
� ', ARTICLE IV
SECTION 7 The President or any Vice President or Assistant Vice-President,achng with any Secretary or Assistant Secretary shall have power and authority to sign and
execute and attach the seal of the Company to bonds and undertakings,recongmzances,contracts of indemmty and other writings obhgatory m the nature thereof,and such mstruments
� so signed and execuled,wdh or wdhout the common seal,shall be vand and bindmg upon the Company
SECTION 8 The President or any Vice-President or any Assistant Vice President acting with any Secretary or Assstant Secretary,shall have power and authonty to appomt,
for purposes only of execuhng and attes6ng bonds and undertakings and other writings obligatory m the nature thereof, one or more resident Vice Presidents, resident Assistant
Secretanes and Attomeys-in-Fact and at 2ny time to remove any such resident Vice-President,resident Assistant Secietary,or Attomey-m-Fad,and revoke the power and authonty
� grven to him
Resolved,that the signatures of such Offcers and the seal of the Company may be affixed to any such power of attorney or to any certifcate relating thereto by facsimile,and
any such power of attomey or certificate beanng such facsimde signatures or facsimtle seal shall be valid and bmding upon the Company and any such power so executed and certfed
by facsimde srgnaiures and facsimile seal shall be valid and binding upon the Company m the future wdh respect to any bond or undertaking to which d is attached
In Wrtness Whereof, HARTFORD FIRE WSURANCE COMPANY has caused ihese preseMs to be sgned by rts Ass�stanY Vice-President, and ds corporate seal to be
hereto affixed,duly attested by ds Secretary.this 14th day of May,1999
FIARTFORD FIRE INSURANCE COMPANY
���i` � ` ✓ /?//� (/ �.OF�RE� l ^
Z SEAL o � �f%f
� �
�4Ea°�
�Paul A Bergenholtz,Assistant Secretary Ftobert L Post,Ass�stant V�ce Pres�dent
STATE OFCOMNECTICUT I �
� ss. Hartford
� COUNTY OF HiaRTFORD
On this 14th day of May,A D 1999, lefore me personally came Robert L Post to me known,who bemg by me duly sworn, did depose and say that he resdes in the County of
Hartford, State of Cnnnechcut, that he is the Assistant Vice-President of HARTFORD FIRE INSUPo'�NCE COMPANV, the corpora6on described in and which executed the above
'' instrument,that he knows the seal of the=.aid corporetion,that the seal affixed lo the said mstrument is such corporate seal,that d was so affxed by order of the Board of Direcrors of
said corporahon and that he sgned his name thereto by hke order
i K. r �,�F OLl �� iL�������
� ;'xor+wy ��I/�
i ... ��/ /V �v
� �91.Ic •
� II Jean H Wozmak
Notary Pubhc
CERTIFICATE My Comm�ssion Erpires lune 3q 2004
+
I,the undersigned.Secretary of HARTFOFD FIRE INSUR4NCE;COMPANY,a Connechcut Corporation,DO HEREBY CERTIFY that the foregoing and atlached POW ER OF
ATTORNEY remains in full force and tias not been revoked,and furthe�more;Ihat Artcle IV,Sections 7 and S of the By-Laws of HARTFORD FIRE INSUR4NCE COMPANY,set forth
Q in the Power of Attorney,are now m forlce ,?° -"'�+�_ �� , „', � �
{� t �•�3%1 �
Signed and sealed at the City of Hartfoird '^c'���CY Y j;'= ,Dated the r tl � day of ���N 2 20 0�
� ,�4����i�T d•i .
� .t�i f 2d �4�. �f.' �iQiE
/� �! �?�� , ;�� �SE .,� ^-C 1��
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�y" o° � "+^i,.na
,(' � " s 'fy'
"- ichard L Marshall,Jr,Assrstant Secrelltary �" ,�p �+�� y' Y,r;,�` J Dennis Lane,Ass�stant Vice President
:p=,� a��R.
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orm S-3507-9 (HF) Pnnted m U S A
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F II SECTION 00630
�
, CERTIFICATE OF INSURANCE
� CONTRACTOR shall:L insert his own standard form for Certificate of Insurance.
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tiq; acoRo. CERTI�=ICATE OF L1�4BILITY INSUR:�4NC�UTLR S DAO6�OZ�O'O
� PRODUCER THIS CERTIFICATE IS RSSUED AS A MATTER OF INFORMATION
ONLY AWD CONFERS WO RIGHTS UPON THE CERTIFICATE
Schi fman, Rexnley & Assoc:. , Inc HOLDEF2 THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
�� 5201 Johnson Drive, Suit.e 500 ALTER"fHECOVERAGEAFFORDEDBYTHEPOLICIESBELOW
Mission KS 6G205 i
Phone: 913-831-1777 Fax:913-831-4730 INSURERSAFFORDINGCOVERAGE
a, INSUREO 1NSURERA American & Foreign Ins Company
.�s` I
� INSURERB Royal & Sun Alliance
Cutle:r RejJ aving� IIIC. INSURERC
921 13 Z�]th Street INSURERD
� Lawre,nce KS 66096
�€� � INSURER E
COVERAGES �
THE POLICIES OF INSLIRqNCE LISTED BELOVI'HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOft THF POLICV PERIOD IIVDICATED NO11NI7HSTANDING
,, ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
y� MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIOM1IS AND CONDITIONS OF SUCH
POLICIES AGGREGATI=LIMITS SHOWN MAY F{qVE BEEN REDUCED BY PAID CLAIMS
INSR 7YPE OF INSURANCE �� POLICY NUMeER POLICY EFFEClIVE POLICY EXPIRATION LIMITS
LTR DATE MM/D�NY DATE MM/DD/YY
pql GENERALLIABILITY EACHOCCURRENCE $ Z�OOOiOOO
��� A X COMMERCIALGENERALLIABILITY ASP203448 �$��1��i9 �$��1��� FIRE�AMAGE(Myonafire) $ 1��,���
CLAIMS�MDE ❑X OCCUR MED EXP(My one parsonj $ S i O O O
�,y,, PERSONALBADVINJURY $],�OOO�OOO
��*�} GENERALAGGREGATE $2�000�OOO
� GEN'L AGGREGATIE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2�O O O�O O O
POLICY PR� LOC
JECT
pi AUTOMOBILE LIABILI7Y i
�3�, COMBINED SINGLE LIMIT
A X ANYAUTO I ASP203448 08/O1/99 08/Ol/00 (EeaCcident) $1,000,000
ALL OWNED P�UTOS
BODILY INJURY $
�j', SCHE�ULEDAUTOS '� (Perperson)
� HIRED AUTOS BODILY INJURY
NON-OWNE�AUTOS (Peracadent) $
PROPERTY DMMGE
��p (Peracadent) �
3�
GARAGELIABILI71' AUTOONLY-EAACCIDENT $
ANY AUTO I EA ACC $
OTHERTHAN
3 AUTO ONLY qGG $
��� EXCESS LIABILITV �I FACH OCCURRENCE $ S�O O O�O O O
B OCCUR +� CLAIMSMADE PLA356879 �8�01��9 Q8��1�00 .4GGREGA7E $$�Q00,000
YI I $
�EDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND TORY LIMITS ER
�� EMPLOYERS'LIABIUTY I
� A i AC$3OS1S4 08�01�'B9 08�0]�OO EL EACHACCIDENT $ $OOOOO
4 I EL OISEASE-EAEMPLOYEE $ SOOOOO
EL DISEASE-POLICYLIMIT $ SOOOOO
OTHER
a
DESCRIPTION OF OPER/\TIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
€} *Except for 10 days f�or non payment of premium. JOEi: Hot-In-Place
Recycling: SID #5502 I- Cert holder is additional insured as respects
liability only arising out of work perfonned under this contract.
p` I�
CERTlFICATE HOLDER N AD�ITIONAL INSURED,INSURER LETTER _ CANCELI�TION
�I CITYOFS SHOULD ANY OF THE ABOVE DESCRIBED POLIpES BE CANCELLED BEFORE 7HE EXPIRA710N
¢ DATE THEI�EOF,THE ISSUING INSURER WILL ENDEAVOR 70 MAIL *3 O DAYS WRI7TEN
NOTICE TCI THE CERTIFICATF:HOLDER NAMED TO THE LEFT,BUT FPJLURE TO DO SO SHALL
Q Cl t.Y Of Fort CO L].lI1S IMPOSE NO OBLIGAT,ON OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
Purchasing Diyi:sion
256 West Mountain Avenue REPRESEMTATIVES
Fort Collins CO 80521 �� . }.� r
x �
k ACORD 25-S(7/97) mACORD CORPORATION 1988
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I 9ECTION 00635
� � CERTIFICATE OF SUBSTANTLAL COMPLETION
� TO: CITY OF FIORT COLLINS
I'OWNER)
� DATE OF SUBST IIP.NTIAL COMPLETION PR03ECT TITLE.
HOT-IN-PLACI� RECYCLING; BID #5502
� PROJECT OR SPEiIFIED PART SHALL LOCATION: ]�ort Collins. Colorado
INCLUI)E: �
O[^INER: CitX of Fort Collins
� CONTRACTOR:
CONTRACT DA'CE:
� The Work performed under this contract has been inspected by authorized
repre:;entatives of the OWNER, CONTRACTOR, and the EN(3INEER and the pro�ect (or
� specified part� of the project, as indicated above) is hereby declared to be
subst�ntially completed on the above date.
� A tentative list of items to be completed or corrected is appended hereto. This
list may not b�e exhaustive, and the failure to ir_clude an item on it does not
alter the respon:�ibility of the CONTRACTOR to cotnplete all the Work in accordance
� with the Contr�lct Documents .
ENGINE�ER I AUTHORIZED REPRESENTATIVE DATE
� The CON'TRACTORIaccepts the above Certificate of Substantial Completion and agrees
to complete aio correct the items on the tentative list within the time
� indicated. ,I
By:
CONTRP.CTOR I AUTHORIZED REPRESENTATIVE DATE
� The OWNER accepts the project or specified area of the pro�ect as substan-
tially complete <�nd will assume full possession of the pro�ect or specified area
� of the projectlat 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 C�F FORT COLLINS. COLORADO By:
OWNER �� AUTHORIZEll REPRESENTATIVE DATE
� REMARRS: �i
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� 7/9Ei Section 00635 Page 1
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SECTION 046� 0
p 'I CERTIFICATE OF FINAL ACCEPTANCE
�
, 20
� TO: _ I
a -
Gentlemen: I
� �
� You are herebylnotified that on the _ day of , 20_, the City of
Fort C'ollins, �Colorado, has accepted the Work complei_ed by
for the City of Fort ColLins pro�ect, HOT-IN-PLACE
RECYCiING; BID #�502 . A check is attached bereto in the amount of $
as Final Payment for all Work done, sub_�ect to the terms of the Contract
Documents wh�cli are dated
� 'In conformance I�Iwith the Contract Documents for this pro�ect, your obligations and
guarantees will continue for the specif�ed time from the following date.
SinceYely, �
� OWNER: City oflFort Collins
I By
Title:
AATTEST:
� Title: �
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� ��9� � Section 00640 Page 1
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� SECTION 00020
INVITATION TO BID
� Date: April 24, 2000
� 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 C�llins, Co=Lorado until 3 : 00 P.M. , our clock, on May 17, 2000, for the HOT-
� IN-PLACE RECYCLI[�G; Bid No. 5502 .
At said place and time, and promptly thereafter, al:L Bids that have been duly
� received wi11 be publicly opened and read aloud.
The Contract Documents provide for rehabilitation for existing surface layer of
� existing asphalt pavement with specially designed equipment in a simultaneous
multi step process of heating, scarifying, applying an asphalt re�uvenating
agent, and thoroughly re-mixing and re-shaping the old asphalt surface, then
� placing an overlay of new hot mix bituminous pavement. A single machine that
heats, scarifies, recycles, and spreads virgin material a11 in one continous pass
shall be used.
� This is a cooperative bid with the City of Fort Collins and The City of Loveland
Contractors are responsible and must meet Purchasing requirements of each
� individual Agency. Awarded contractor must sign a contract with the City of Fort
Collin:> and a contract with The City of Loveland. Please call Dave DeBaere,
Project Manager, 970-962-2510 for any City of Loveland Purchasing questions .
' Please call Johr� Stephen, CPPB, Buyer at 970-221-6775 for any City of Fort
Collins Purchasir.�g questions . Each Agency will be responsible for sending their
own Purchase Orde;r(s) to the successful contractor.
� All Bicis 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 Wednesday, April 26, 2000 .
� Copies of the Cor�tract Documents, complete with Construction Specifications and
� Drawinqs, may be obtained from Purchasing Division at 256 West Mountain Avenue,
Fort Collins, Co:Lorado, 80521 upon payment of a refundable fee of Twenty-Five
� ($25 . 00) per set . No partial sets will be i:asued.
The Contract Documents and Construction Drawings may be examined at:
� 1 . City of For_ Collins, Purchasing Division.
2 . The Daily Journal, 2000 S . Colorado Blvd. Suite 2000, Denver, Colorado.
3 . CMD Denver 21an Room, 9250 E Costilla Ave, STE 400, Englewood, CO
4 . B,silders Exchange, 223 South Link Lane, Fort Collins, Colorado.
�
7/96 Section 00020 Page 1
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SnCTION 00650
. LIEN WAIVER RELEASE
(CONTRACTOF:)
TO: City �of Fort Collins, Colorado (OWNER)
� FROM: i _ (CON'PRACTOR)
PROJEC:T: HOT-IN-PLACE RECYCLING; BID #5502
1 . 'The CONTRA<'_TOR acknowledges having received payment, except retainage from
� the OWNER i=or all work, labor, skill and materizil i-urnished, delivered and
performed by the CONTRACTOR for the OWNER or for anyone in the
construction, design, improvement, alteration, addition or repair of the
� above desc_ribed pro�ect.
2 . In consides-ation 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 mater_Lal bond rights which the
CONTRACTOR may now or may afterwa_d have, claim or assert for a11 and any
work, labo:r, skill or materials furnished, delivered or performed for the
� construction, design, improvement, alteration, addition or repair of the
above described pro�ect, against the OWNER or its officers, agents,
employees or assigns, against any fund of or in the possession or control
of the OWNF3R, against the project or against all land and the buildings on
and appurtenances to the land improved by the pro�ect .
3 . The CONTRACTOR affirms that all work, labor and materials, furnished,
delivered or performed to or for the constructioa, 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 thro�ugh the CONTRACTOR by various Subcontractors or materialmen or
their agent:s, ernployees and servants and further affirms the same have been
� paid in full and have released in full any an<i all existing or possible
future mechanic ' s liens or rights or claims against the project or any
funds in� the OWNER'S possession or c_ontrol roncerning the project or
against the� OWNER or its officers, agenl�s, employees or assigns arising out
� of the project.
4 . The CONTRAC�TOR agrees to defend and hold harmless the OWNER, the lender, if
any, and tlze Surety on the project agaLnst and from any claim hereinafter
made by the CONTRACTOR'S Subcontractors, materialmen, employees, servants,
agents or <�ssigns against the pro�ect o.r against the OWNER or its officers,
�
7/96 I 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 . ""
�
5 . The parties acknowledge that the description of the pro�ect 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 pro�ect .
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Signed this day of , 20
— �
CONTRACTOR
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By: _,
Title: "
ATTEST: ^
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Secretary �
STATE OF COLORADO ) �
) ss .
COUNTY OF LARIMER ) �
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Subscribed and sworn to before me this day of
20_, by —'
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Witness my hand and official seal .
--,
My Commission Expires :
�
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Notary Public --�
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7/96 Section 00650 Page 2 �'
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� SECTION 00660
� CONSENT OF SURETY
� TO: City of Fort Collins , Coloraclo
(hereinafter referred to as the "OWNER")
� CONTRACTOR: _ _
PROJECT: AOT-I�U-PLACE RECYCLING; BID #5502
� CONTRACT DATE: _
� In accordancelwith the provisions of the Contract between the OWNER and the
CONTR.ACTOR as indicated above, for
� — on bond of
(Suret:y)
hereby app 'roves of the Final Payment to the CONTRACTOR, and agrees that Final
Payment to thei CONTRACTOR shall not relieve the Surety Company of any of its
obligations to the OWNER, as set forth in the said Sure�y Company' s Bond.
� IN WITNESS WHEREOF, the Surety Company has he:reunto set its hand this day
of _ ,
� (Suret:y Company)
�
By—
� �
ATTACH: Power of Attorney and Certificate of Authority of Attorney(s) -in-Fact.
�
� �
�
7/96 Section 00660 Page 1
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SECTION 00670
APPLICATION FOR EXEMPTION CERTIF'ICP.TE
� Insert State certificate here.
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DR 0172(12/58) ' 6
COLORADO tJEPARTMENT OF RE VENUE
DENVERC080265 I, CON�'RACTOR APP'LICATiON
� (303)232-2416
FOR
EXE�IPTiON CER�IFIGATE
� Pursuant to Statute
� Section 39-26.114(1)(a)(X1X) DO NOT WRITE IN THIS SPACE
The exemption certficate for whicfi you are applying must be used only for the purpose of purchasing construct�on and bu�lding
� materiais forthe exempt pro�ect descnbed below. This exemption does not include or apply to the purchase or rentai of equipment,
supphes, and matenals which are purchased, rented, or consumed C�y the contractor and which do not become a part of the
.structure,htghway, roi d,sireet,or othe�public works owned and used by the exempt organization.
� Any unauthonzed use'�of the exempt�on certificate w�N resuit in revocat�on ot your exempt�on certificate and other penalt+es pravided
�� by law
� A separate cert�ficate is ieqwred for each contract.
Subcontractors wdl not he issued Certrficates of Exemption by the Department of Revenue. It is the responsibility of the pnme
� coniractor to issue cei ificates to each of the subcontractors (See reverse side.)
FAlLUftE TO ACCUR�ITELY COMPLETE ALL BOXES WILL CLt USE THE APPLICATION TO BE DENIED.
RegislratiorUAccount No (to be assigned by DOR} Penod
89 I
0170-750 (999) $0.00
� �
� CONTRAGTt}R tNFORM�4TtOfN �, � � � � - , _ � . � ° ' �� -
Tfade name/DBA: Uwner.�artner,or wrporate name
� Maihng address(C�iy,State,Zrp) Contact Person
I
� E-Mad address Federal Employers IdenUhcation Number Bid amount for your contract
Eax number Bus�ness telephone number. C�olorado withholding tax account number
� � �i t )
� -" . � �'_ ;� ' ` -' � Copfesofcontractoragreementpages(1}iaentifyingthecoMractingpar#ies
EXENIPTII�IV INFC►RNtai'iON arid(2)containing signatures of coiniracting parties must be attached: �
Name of ex.empt organrzatil n las shown on conVact) Exempt organ�zation�s number
� Address of exempt orgarnzation(C�ty,Siate,7�p) �8
�
� Pnncipal cantact at exempt organ¢a4on Pnnc�pal contacYs telephone number
Physicai{a;attion ot pro�ectisite(give actual address when apphcabfe and Cdies andlor County(�es)where pro�ect is focated)
e Scheduled I Month Day Year Es6mated Month Oay Year
conStnlction st3rt date compleUun tlate
� �, ^ � �`'�,y � . a' ' ' w. _ -.�
1 declare under pena/iy of per�ury in the second degree fhat the sfalements made in this applicaf�on are frue and
complete to the best of rny knowledge.
� S�gnature of owner,partne i or corporate officer TiUe of r,orporate officer Oate
t�
DO NOT WRITE BELOW TH1S LINE
Special Notice �,
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Contractors who have completed this application in the past, please note the followmg changes in procedure: -+
The Department wili no longer issue individual Certificates of exemption to subcontractors. Only prime contrac- �
tors wdl receive a Contractor's Exemption Cerk�f�cate on exempt pro�ects. --
Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the "
project and complete it by fiiling 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 `-'
pnme contractor issued to subcontractors should be kept at the prime contractor's place of business for a ^
mmimum of three years and be available for mspection in the event of an audit.
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Once an 89# has been assigned to you, please use the next five numbers following it for any applications
submitted for future pro�ects. This should be your permanent number. For�nstance, if you were assigned 89- r`
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 m
sequence as this may delay processing of your application. '-'
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� �I SECTION 00700
I GENERAL CONDITIONS
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