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CONTRACT DOCUMENTS TABLE OF CONTENTS
Section
Pages
BID INFORMATION
00020 Notice Inviting Bids
00020-1 - 00020-2
00100 Instruction to Bidders
00100-1 - 00100-9
00300 Bid Form
00300-1 - 00300-3
00400 Supplements to Bid Forms
00400-1
00410 Bid Bond
00410-1 - 00410-2
00420 Statements of Bidders Qualifications
00420-1 - 00420-3
00430 Schedule of Major Subcontractors
00430-1
CONTRACT DOCUMENTS
00500 Agreement Forms
00500-1
00510 Notice of Award
00510-0
00520 Agreement
00520-1 - 00520-6
00530 Notice to Proceed
00530-1
00600 Bonds and Certificates
00600-1
00610 Performance Bond
00610-1 - 00610-2
00615 Payment Bond
00615-1 - 00615-2
00630 Certificate of 'insurance
00630-1
00635 Certificate of Substantial Completion
006351-1
00640 Certificate of Final Acceptance
00640-1
00650 Lien Waiver Release(Contractor)
00650-1 - 00650-2
00660 Consent of Surety
00660-1
00670 Application for Exemption Certificate
00670-1 - 00670-2
CONDITIONS OF THE CONTRACT
00700 General Conditions
00700-1 - 00700-34
Exhibit GC -A
GC -A I - GC-A2
00800 Supplementary Conditions
00800-1 - 00800-2
00900 Addenda, Modifications, and Payment 00900-1
00950 Contract Change Order 00950-1 - 00950-2
00960 Application for Payment 00960-1 - 00960-2
SPECIFICATIONS
(y,1
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L
3.2. In accordance with Section 8-159 of the Code of the City of Fort
Collins in determining whether a bidder is responsible, the following shall
be considered: (1) The ability, capacity and skill of the bidder to perform
the contract or provide the services required, (2) whether the bidder can
perform the contract or provide the service promptly and within the time
specified without delay or interference, (3) the character, integrity,
reputation, judgment, experience and efficiency of the bidder, (4) the
quality of the bidder's performance of previous contracts or services, (5) _
the previous and existing compliance by the bidder with laws and ordinances
relating to the contract or service, (6) the sufficiency of the financial �-
resources and ability of the bidder to perform the contract or provide the
service, (7) the quality, availability and adaptability of the materials
and services to the particular use required, (8) the ability of the bidder
to provide future maintenance and service for the use of the subject of the
contract, and (9) any other circumstances which will affect the bidder's -
performance of the contract.
3.3. Each Bidder may be required to show that he has handled former Work
so that no just claims are pending against such Work. No Bid will be
accepted from a Bidder who is engaged on any other Work which would impair
his ability to perform or finance this Work.
3.4 No Bidder shall be in default on the performance of any other contract
with the City or in the payment of any taxes, licenses or other monies due
to the City.
ti
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, `J
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. l
`J
4.3. The submission of a Bid will constitute an incontrovertible
representation by Bidder that Bidder has complied with every requirement of
this Article 4, that without exception the Bid is premised upon performing
and furnishing the Work required by the Contract Documents and such means,
methods, techniques, sequences or procedures of construction as may be
7/96
Section 00100 Page 2
INDEX TO GENERAL CONDITIONS
City of Fort Collins modifications to the General Conditions of the Construction Contract are not shown in this index
Article or Paragraph
Number
Acceptance of --
Bonds and Insurance . ...... .......... ..... . 5 14
defective Work . .... ............ 10 4.1, 13 5, 13.13
final payment ..... .... ........... . . 9 12, 14.15
insurance .............. 5 14
other Work, by CONTRACTOR .. 7 3
Substitutes and "Or -Equal" Items _ .. .6.7 1
Work by OWNER ...2 5, 6 30, 6 34
Access to the --
Lands, OWNER and CONTRACTOR
responsibilities, .. ... ._ ._.. 4.1
site, related Work... . ... .. ... . . .. .. ..7.2
Work, ..... .... .. 13 2, 13 14, 149
Acts or Omissions--, Acts and Omissions --
CONTRACTOR ..... .. 6 9 1, 9 13.3
ENGINEER.. .6 20, 9 13.3
OWNER ..... ....... ......... 6.20, 8.9
Addenda --definition of (also see
definition of Specifications). . (16, 1 10, 6 19), 1.1
Additional Property Insurances.. 5.7
Adjustments --
Contract Price or Contract
Times . .. .. ...........1 5, 3.5, 4 1, 4 3.2, 4 5 2,
4 5.3, 9 4, 9.5, 10.2-10 4,
.. ... .......... ...... .. . 11, 12, 14.8, 15.1
progress schedule .... ........ ....... 6 6
Agreement --
definition of ..... ...... 1.2
"All -Risk" Insurance, policy form ._. ... 5 6.2
Allowances, Cash 118
Amending Contract Documents... 3 5
Amendment, Written --
in general.. . ....... 1 10, 1.45, 3 5, 5 10, 5 12, 6 6 2
„ ..... „6.8.2,619,101,104,112
121, 13.122, 1472
Appeal, OWNER or CONTRACTOR
intent to.... . . . 9 10, 9.11, 10 4, 16.2, 16 5
Application for Payment --
definition of ... ......... .... ...... .1 3
ENGINEER's Responsibility ..... ................. 9 9
final payment... ..... .._9.13.4, 9 13.5, 14 12-14 15
in general ............. .. 2.8, 2 9, 5 6 4, 9.10, 15.5
progress payment. . .14 1-14 7
review of .... 14.4-14 7
Arbitration ........... 16.1-16.6
Asbestos --
claims pursuant thereto.. .. .... ...... 4 5.2, 4 5.3
CONTRACTOR authorized to stop Work . _ _ _. 4.5.2
definition of. ... ......... 1 4
v
Article or Paragraph
Number
OWNER responsibility for ......................
„ 4 5.1, 8 10
possible price and times change .......
........... 4 5.2
Authorized Variations in Work ...... ..3.6,
6.25, 6.27, 9 5
Availability of Lands . .................
.......... 4.1, 84
Award, Notice of --defined .. ........
...... ............. 1.25
Before Starting Construction . ...........
..... . ........ 2.5-2.8
Bid --definition of ...... .. .........1.5
(1 1, 1 10, 2.3, 3 3,
. .... .. .... 4.2.6 4, 6.13, 11.4.3, 11.9.1)
Bidding Documents --definition
of .. .. .............. .........
... .. 16 (6 8.2)
Bidding Requirements --definition
of .......... ..................
17 (1.1, 4.2.6.2)
Bonds --
acceptance of .. .......................................
5.14
additional bonds ....... .......................10.5,
11.4 5.9
Cost of the Work .................................
JI 54
definition of ... . ... ... . ............
...1 8
delivery of .. .......................................2.1,
5 1
final Application for Payment .......
.... . ..14.12-14.14
general ..... .. ...................1.10,
5.1-5.3, 5.13,
..... .................
9.13, 10 5, 14.7.6
Performance, Payment and Other...
.. ....5 1-5.2
Bonds and Insurance --in general .....
............ ....... 5
Builder's risk "all-risk" policy form, .
................5.6.2
Cancellation Provisions, Insurance......
5 4.11, 5 8, 5.15
Cash Allowances .. ...........................................
J 1.8
Certificate of Substantial Completion...
. . 1.3 8, 6.30.2.3,
............................
..........14.8, 14.10
Certificates of Inspection. . ... ......9.13
4, 13.5, 14.12
Certificates of Insurance ....... 2.7,
5.3, 5 4.11, 5.4.13,
.. ....... .....5 6.5, 5.8,
5 14, 9.13.4, 14.12
Change in Contract Price --
Cash Allowances .... ..................
................11.8
claim for price
adjustment. ....4 1, 4.2.6,
4.5, 5 15, 6.8.2, 9.4
9.5, 9.11, 10.2, 10 5, 112, 13.9,
... 13.13,1314,14.7,151,15.5
CONTRACTOR's fee ............................
.....11.6
Cost of the Work
general ..................... .............
.11.4-11.7
Exclusions to . .. ......................................11.5
Cost Records .............................
........ 11 7
in general. ... ..1.19, 1.44, 9.11,
10.4 2, 10.4.3, 11
Lump Sum Pricing ..................................
11.32
Notification of Surety ......................
105
Scope of>...........................................10
3-10.4
Testing and Inspection,
Uncovering the Work ..... ......................13.9
u
EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/95,7
1J
Unit Price Woik 11.9
......... ........... ... .... .
Article or Paragraph
Number
Value of Work ,,, , ,,,
,,,, , ,, ,,,, , „11.3
Change in Contract Times --
Claim for times adjustment,-, ,,,
4 1, 4.2 6, 4.5, 5.15,
6 8 2, 9 4, 9 5, 9.11,
102, 105, 12 1:
„ ,-139,13.13,13.14,147,151,155
Contractual time limits-
„ -„122
Delays beyond CONTRACTOR's
control , „ „ ,- -
12 3
Delays beyond OWNER's and
CONTRACTOR's control ,
.. .. , , , , , ,12.4
Notification of surety , , „ .
........... 10.5
Scope of change„ -- --
--103-10-4
Change Orders --
Acceptance of Defective Work -,
. -,- - , ,13 13
Amending Contract'Documents
,,, ,,, „ ,,, ,,,,,3.5
Cash Allowances- -- „ ..-....
.......... .,.. 11 8
Change of Contract Price, . .. ....
... •... „ ,11
Change of Contract Times .....
..... .. ...... ...... 12
Changes in the Work „ ..... .....................
.. 10
CONTRACTOR's fee
11.6
Cost of the Work,,,
... ,,, 11 4-11 7
Cost Records
11.7
definition of„ ...... .. . .....
..... .. . •, 1.9
emergencies „ ,,, ,,, „ ,,, .
623
ENGINEER's responsibility,,,,,,,
9 8, 10.4, 11.2, 12 1
execution of ,
10-4
Indemnifiction „ „ , , 6 12, 6.16, 6.31-6 33
Insurance, Bonds and -„ , --- ...
. 5.10, 5 13, 10 5
OWNER may terminate „ -,.
,,. „ ,-,,, 15.2-15-4
OWNER's Responsibility, , .
„ „ , $.6, 10.4
Physical Conditions --
Subsurface and,, „ , ,,,,,,,,,,,,,,
, „ , , ,4.2
Underground Facilities-- ...
„ „ „•.. 4 3 2
Record Documents, „ „ „
-.
Scope of Changq„ ,- , „ , „
,10 3-10 4
Substitutes , , ......
.........
6.7 3, 6 8.2
Unit Price Work, ,
„ . 11.9
value of Work, covered by, .....
...... .. ,,,, ,,,11.3
Changes in the Work, ,,,,,,,, ,,,,•............
„-, ,-, , „ „ , ,10
Notification of surety„ , , ,,,,,,,,,
„ ,-,,,, ,,,, ,10.5
OWNER's and CONTRACTOR's
responsibilities,,, ......•..• ,,,,,,
,, , ,,,,, JOA
Right to an adjustment , , ,
10-2
Scope of change,,,,,,,,, „ ,,,,, „
...... ,,.-,10.3-10.4
Claims --
against CONTRACTOR
,6.16
against ENGINEER,,, . -„ , ,
,, ,,,,,,, ,,,,, 6.32
against OWNER ... . ...................
....- - ..... .6 32
Change of Contract Price ..............
.......... -94, 112
Change of Contract Times ... .......
. . ... . ... 9 4, 12.1
CONTRACTOR's , ,,,,,,-- 4, 7.1,
9 4, 9.5, 9.11, 10.2,
.. ,,,, 11.2, 11 9, 12.1, 13.9, 14.8,
--- ---- - - --.......... ................15
1, 15 5, 17.3
CONTRACTOR's Fee „ ,,, , ,,,,,,,,, , ,,,,,,,,,,, 11.6
Article or Paragraph
Number
CONTRACTOR's liability, , ,,,,,, 5 4, 6.12, 6.16, 6.31
Cost of the Work „ ,,, ,,,, ,,, ,,,, ,,,,, „ ,,,11.4, 11.5
Decisions on Disputes - , „ „
„ „9 11, 9.12
Dispute Resolution ................
16 1
.
Dispute Resolution Agreement. ,
16.1-16.6
ENGINEER as initial mterpretor,,,,,,
„ , „ ,,,9.11
Lump Sum Pricing , , , , ... ..
........ . „11 3.2
Notice of ...... , ... . ........ ........
......73
1
OWNER's . .. . .. . 9 4, 9.5, 9 11,
10.2, 112, 119
12 1, 13.9, 13.13,
13 14, 17.3
OWNER's liability „ - , , -„
,,,,,,. , „ ,,, 5.5
OWNER may refuse to make payment
, , ,14.7
Professional Fees and Court Costs
Included .. ... . ....
.. . ,,,,,, 37.5
request for formal decision on, , , ,,,-,
,,,-„ , ,9 11
Substitute Items „-„
.6.7.1.2
Time Extension , „ ,,, ,,, „-„---,,,,,
........... 12.1
Time requirements „ , , , , ,
9 11, 12.1
Unit Price Work, , -
,,,,,,. ,,,11.9 3
Value of - „ , ,
Waiver of --on Final Payment„ ,,,, , ,,,,,
14 14, 14 15
Work Change Directive „ ,,, „ , ,
„ ,,,, „-•,• , 102
written notice required -, „ -, ,,,
9.11, 11.2, 12 1
Clarifications and Interpretations- „ , „
3 6.3, 9.4, 9.11
Clean Site .. ... . .......
...... ,,,,6 17
Codes of Technical Society, Organization
or Association,,, , .
3.3.3
Commencement of Contract Times„ ,,,,,,,,,
,,,,,, ,,,,,,2.3
Communications --
general ... .. ....... ....... .
_6 2, 6 9 2, 8 1
Hazard Communication Programs , ,,,
,,,,,, „ ..... .22
Completion --
Final Application for Payment „- „ ,
,,, ,,,,,,,,,14.12
Final Inspection„ , , ,,,,,,,,,,, ,,,,,,,,
, , „••14.11
Final Payment and Acceptance , ,--
,14 13-14 14
Partial Utilization... ,
14 10
Substantial Completion ,,, „ ,,,, ,,,,,,1.38,
14.8-14.9
Waiver of Claims ....,• ,,, ,,,,,,. „ , ,,,,,,
,,,,,,,,,14.15
Computation of Times„
„172.1-1722
Concerning Subcontractors, Suppliers
and Others„ .,,,,,,,,,, , ..............
.,,,, , 6.8-6.11
Conferences --
initially acceptable schedules , ,-,
„ 2 9
preconstruction
Conflict, Error, Ambiguity, Discrepancy --
CONTRACTOR to Report - , ,,, , „-
,,,,, 2-5, 332
Construction, before starting by
CONTRACTOR .... ....... .................
... 2.5-2 7
Construction Machinery, Equipment, etc,
,,,,,,,, 6.4
,,,,, ..........
Continuing the Work ,,, , ,,, ,,,, ,,, , ,,,
,,,, 6.29, 10.4
Contract Documents--
Amending....-.................................3
5
Bonds .. ........
5 1
n
EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Cash Allowances .... ...... .. ........ ..... . . ...... 11.8
Stop Work requirements ........... .... ,,,,,,,,,,,,,,,,4.5.2
CONTRACTOR!s—
Article or Paragraph
Number
Change of Contract Price. .. . , . .. .
. .... .. I I
Change of Contract Times.. . .
12
Changes in the Work ... ....... .. .. . .... ..
10 4-10 5
check and verify ... ...... ...
.....2.5
Clarifications and
Interpretations ... ... _ J 2, 3 6,
9 4, 9 11
definition of .. ... . .. ... ... ... .. .. ' **
..... 1.10
ENGINEER as initial interpreter of, ........
.. 911
ENGINEER as OWNER!s representative
....91
general3
Insurance . . . .. . .... ......... . ... ........
. . 5 3
Intent ....... .
3 1-3.4
minor variations in the Work
..3 6
OV,rNER's responsibility to furnish data..
83
OV,rNEXs responsibility to make
prompt payment ... .. . . $ 3, 14.4,
1413
precedence.. ... .........
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 ........ .... . ............ . . . .....
.... 37
Supplementing
36
Termination of ENGINEER's Employment..
8 2
Unit Price Work
.11.9
variations ..3 6,
6.23, 6 27
Visits to Site, ENGINEER!s
. .. .... 92
Contract Price --
adjustment of .... 3.5, 4 1, 9.4, 10 3, 11 2-11 3
Change of ......
.. .11
Decision on Disputes .. ...... . . . .. ...
... .. 9 11
definition of ............... . ........... ...... .
.. J 11
Contract Times --
adjustment of 5, 4.1, 9.4, 10 3, 12
Change of .... .. . .... ... . .... . .........
12.1-124
Commencement of ...... ..... .... ... .
... ..23
definition of
12
CONTRACTOR --
Acceptance of Insurance� . . .. ... ... ...
.514
Communications
62,692
Continue Work„ . . .... . . . ..... . ...... ...
6.29, 10 4
coordination and scheduling
...6.92
definition of .... . .. .. ... ..... .
.... J 13
Limited Reliance on Technical
Data Authorized . ... . ... . .... ........
422
May Stop Work or Terminate ..... , *
....15 5
provide site access to others ...... ..... .......
7.2, 132
Safety and Protection . .. ..... .. 4 3.12, 6 16, 6 18,
"" ......... ' ' * ..... 6.21-6.23,
7.2, 13.2
Shop Drawing and Sample Review
Prior to Submittal
.6 25
Vil
Article or Paragraph
Number
Compensation ......... .. ....... . .. .... . ....
.11 1-11.2
Continuing Obligation,,,,,,,,,, ..........................
14.15
Defective Work. ... . . . ._ ............ 9.6, 13 10-13.14
Duty to correct defective Work,,,,,,,,, ........
.....13.11
Duty to Report --
Changes in the Work caused by
Emergency .... .......... ...... ........
....... §.23
Defects in Work of Others,,,,,,,,, .............
.... :7.3
Differing conditions, .................... ............
4.23
Discrepancy in Documents,,,,,,,, 2.5, 3.3.2, 6.14.2
Underground Facilities not indicated,,,,,,,,,,
4.3.2
Emergencies . ... .... . ... . ......... .... .............
6.23
Equipment and Machinery Rental, Cost
of the Work .......... ............ . . ..... ........
11.4.5.3
Fee --Cost Plus. . ... ... .... „11 4.5 6, 11.5.1, 116
General Warranty and Guarantee,,,,,,,,,,,,,,,,,,,,,,
6.30
Hazard Communication Programs,,,,,,,,,,,,,,,,,,,
.. 0.22
Indemnification .. ..... .. . . ....... 0.12, 6 16,
6.31-6 33
Inspection of the Work . ..... ........... .........
7.3, 13.4
Labor, Materials and Equipment,,,,,, .............
6.3-6.5
Laws and Regulations, Compliance by,,,,,,,,,
.. 614.1-
Liability Insurance, .. . ......... .... ..... . .....
. ... 5.4
Notice of Intent to Appeal .... ...... ........ .. .
9.10, 104
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 .......................
0.13
Progress Schedule,,,,,,,,,,,, ... .. ...... 2 6, 2.8, 2 9, 6.6,
......... . § 29, 10 4, 15.2.1
Request for formal decisionon disputes,,,,,,
........ 9,11
Responsibilities --
Changes in the Work,,,,, . .. ..... ..... .........
101
Concerning Subcontractors, Suppliers
and Others . ........ . .... ...............
6.8-6.11
Continuing the Work, ......... . .. ... ...
0.29, 104
CONTRACTOR!s expense,,, ........ . .. .....
.. 6.7.1
CONTRACTOR!s General Warranty
and Guarantee . .... .......... ... .............
6.30
CONTRACTOR!s review prior to Shop
Drawing or Sample submittal,,,,,,,,,,,,,,,,,
jS 25
Coordination of Work,,,,,,,,,,,,,,,,,,,,,,,,,,
. .. 6.92
Emergencies,, ... . ... .... . ............ .
....... 623
ENGINEER!s evaluation, Substitutes
or "Or -Equal" Items,,, ....... .. .......
.... .. 0.73
For Acts and Omissions
of Others„ .. . . ... . . .......... 6.9.1-6.9.2, 9.13
for deductible amounts, insurance ... .......
.... 59
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)
V
M
1
Labor, Materials and Equipment .. . ...6 3-6.5
Laws and Regulations .. ... ........ ......... 614
Liability Insurance.. .. .. . .. . ....... „.. 54
Article or Paragraph
Number
Notice of variation from Contract
Documents...
627
Patent Fees and'Royalties . ,-„ ............
612
Permits... , „ - - - -
Progress Schedule ...
66
Record Documents . , . -..
6 19
related Work performed prior to
ENGINEER's approval of required
submittals „ -, .. ....
.628
safe structural loading .,..
6 18
Safety and Protection... 6 20, 7.2, 13.2
Safety Representative. - .- - -
6 21
Scheduling the Work.,...
......6.92
Shop Drawings and Samples. - -
6 24
Shop Drawings and Samples Review
by ENGINEER .. -. - .. ...........
6 26
Site Cleanliness .. . .... ..............
. 6.17
Submittal Procedures. ,-. ....
......6 25
Substitute Construction Methods
and Procedures -,
672
Substitutes and "Or -Equal" Items ..........
6 7 1
Superintendence. • , • . ..... . . .......
.. .. .. 6 2
Supervision --.. -• ... .. . ..... .
... .. . 6 1
Survival of Obligations...
634
Taxes
„ ••, .6.15
Tests and Inspections. ... .... .
.......13 5
To Report
2-5
Use of Premises . ........ . ... 6 16-6.18,
6.30.2.4
Review Prior to Shop Drawing or
Sample Submittal. •..- -• • -
. 6.25
Right to adjustment for changes in the Work.... 10.2
right to claim .... 4, 7 1, 9.4, 9 5, 9.11,
10.2,11 2,
..--- „11 9, 12 1, 13 9, 14.8, 15.1, 15.5, 17.3
Safety and Protection• ,• 6 20-6 22, 7.2, 13.2
Safety Representative ........
621
Shop Drawings and Samples Submittal$
...6.24-6.28
Special Consultants..,- . „ ...... ........
114.4
Substitute Construction Methods and Procedure$ 6.7
Substitutes and "Or -Equal" Items,
Expense... ..•__... .........
6.7.1, 6.7 2
Subcontractors, Suppliers and Others ... .....6.8-6.11
Supervision and Superintendence 6
1, 6 2, 6 21
Taxes, Payment by ........ .. . . . ...
........6.15
Use of Premises
6 16-6 18
Warranties and guarantees••• . .--......
65, 6.30
Warranty of Title. • ,
._ 14 3
Written Notice Required --
CONTRACTOR stop Work or terminate•---15.5
Reports of Differing Subsurface
and Physical Conditions .. .......
... 2 3
Substantial Completion •• • • -- - .•..,
---14.8
CONTRACTORS --other ....................................... 7
Contractual Liability Insurance .........................5 4.10
Contractual Time Limits .. .. .. ......................12.2
Article or Paragraph
Number
Coordination—
CONTRACTOR's responsibility .... ......
.......6.9.2
Copies of Documents....... ........ . 2.2
. .. . ..........
Correction Period.. .. -„ .. ............
13.12
Correction, Removal or Acceptance
of Defective Work--
in general- • 10.4
1, 13.10-13.14
Acceptance ofDefective Work . . ... .........
....13.13
Correction or Removal of
Defective Work .. ... .... ..........
...6 30, 13.11
Correction Period ... ........
..
........13 12
OWNER May Correct Defective Work....
„ .....13 14
OWNER May Stop Work ....... ..... „
.............13.10
Cost --
of Tests and Inspections... „...... . „
.............. 13.4
Recordsll 7
Cost of the Work --
Bonds and insurance, additional ...............
11.4.5.9
Cash Discounts„ ......... ......
_11.4.2
CONTRACTOR's Fee .. ......... .. ................11.6
Employee Expenses ... .. ....... .................
11.4.5.1
Exclusions to ........ ...............11.5
General11.4-11 5
Home office and overhead expense$ ...
.... „ ...11.5
Losses and damages .... „. ... ............
11.4.5.6
Materials and equipment .... „ .-. ...............
. 11.4.2
Minor expenses . ...... ....... .....................11.4.5.8
Payroll costs on changes ..... •.....................11
4.1
performed by Subcontractors .. .. .................
11.4.3
Records 11 7
Rentals of construction equipment
and machinery ....... ...... ................
11.4.5.3
Royalty payments, permits and
license fees ............. ...................11.4.5.5
Site office and temporary facilitie$ . .....
... J 1 4.5 2
Special Consultants, CONTRACTOR's
,-_ ..... J 1.4 4
Supplemental ..................
Taxes related to the Work .......................1.1.4.5.4
Tests and Inspection ..... ....... ..................
....13.4
Trade Discounts-
Utilities, fuel and sanitary facilities........
...11.4.5 7
Work after regular hours.... ......................
11 4.1
Covering Work .._ , .... ..........
. ....13.6-13.7
Cumulative Remedies, 4 ••........... ........
.....17.4-17 5
Cutting, fitting and patching.. „ .... ......................7
2
Data, to be furnished by OWNER ............
............. $-3
Day --definition of... _, •.....
Decisions on Disputes-„ " - -
9.11, 9.12
defective --definition of..... _ . ... ..............
.........1.14
defective Work --
Acceptance of ............... ... .............
10.4 1, 13.13
viu
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Correction or Removal of ... . ......... „10 4 1, 13 11
Correction Period, „.. .............. .. . .......... ...13.12
in general ... . ... ....... ....... . ....13, 14 7, 14 11
Article or Paragraph
Number
Observation by ENGINEER , , , ,
__ 9 2
OWNER May Stop Work,__ , , , „ ,
,._...13 10
Prompt Notice of Defects .... . ... .. . ......
.......13.1
Rejecting,... „ .................... ...
.... .... 9.6
Uncovering the Work ... . .... ... .........
....13.8
Definitions ........
... 1
Delays „ 4 1, 6 29, 12.3-12 4
Delivery of Bonds
..2.1
Delivery of certificates of insurance _ ,
„ „2.7
Determinations for Unit Price$ . . .. .. . .
.......9 10
Differing Subsurface or Physical Conditions--
Notice of .. ..... ........ .............
... ... 42.3
ENGINEER's Review . . ............ .... ...
.. 4 2.4
Possible Contract Documents Change
„ 4.2 5
Possible Price and Times Adjustment$
„ 4.2.6
Discrepancies -Reporting
and Resolving, „ .._..2 5, 3
3.2, 6 14.2
Dispute Resolution --
Agreement„ „ „ ._ .,.....
.,16 1-16.6
Arbitration
.16 1-16.5
generall6
Mediation ... ... .........
166
Dispute Resolution Agreement „ „ „ , ..16.1-16
6
Disputes, Decisions by ENGINEER , _ , .
, 9.11-9 12
Documents --
Copies of.. .. ...... ....... ..... ..
.22
Record 6.19
Reuse of ..........................................
3.7
Drawings --definition of .. ... ................
... 1.15
Easements ....... .... ... .... .. ....
.........41
Effective date of Agreement -- definition of
„ .... ,1 16
Emergencies ....... ........ ...... ....... ...
6 23
ENGINEER --
as initial interpreter on disputes„ . ,., ,._
. 9.11-9 12
definition of, .................... ...
.. 1 17
Limitations on authority and responsibilities, ,.,9.13
Replacement of, ...... ... ... .................
.8 2
Resident Project Representative , , , , _ ,
93
ENGINEER's Consultant -- definition of„ .............1
18
ENGINEER's--
authority and responsibility, limitations on__ .... 9 13
Authorized Variations in the Work . .................9.5
Change Orders, responsibility for .. , 9.7,
10, 11, 12
Clarifications and Interpretations ... ,
.. 3 6 3, 9 4
Decisions on Disputes __ .. ........
...9 11-9 12
defective Work, notice of . ....... .. .....
......... 13 1
Evaluation of Substitute Items ...... .... ...
. .. .6.7.3
Liability, , , , „ . ... . ......... ........
6 32,912
Notice Work is Acceptable, ..... ...... ........
......14 13
Observations .... ............................
.6.30.2, 9 2
OWNER's Representative„ ... ...... .....................9.1
Payments to the CONTRACTOR,
Responsibility for ..... . ................ ......... 9.9, 14
Recommendation of Payment, , „_........... 14 4, 14.13
Article or Paragraph
Number
Responsibilities --Limitations on , ........
, .9.11-9 13
Review of Reports on Differing Subsurface
and Physical Conditions, ,,,, ,, ,,,,,,,,
, , , 4.24
Shop Drawings and Samples, review
responsibility .... .,, , ........
. .... 6.26
Status During Construction --
authorized variations in the Work,,,
, „ , 9.5
Clarifications and Interpretations ............
9.4
Decisions on Disputes,
9.11-9.12
Determinations on Unit Price .........
........ „9.10
ENGINEER as Initial Interpreter, .....
9.11-9 12
ENGINEER's Responsibilities ... ....
..... 9.1-912
Limitations on ENGINEER's Authority
and Responsibilities
_9.13
OWNER's Representative,,,,,, „ ...
.... „ „ .9.1
Project Representative, ..... „ . . .......
. ...... 9.3
Rejecting Defective Work . ............
....9 6
Shop Drawings, Change Orders
and Payments. „ , , , , ,
, 9 7-9.9
Visits to Site, , , , .... .,.,.........
...... ...9.2
Unit Price determinations
9 10
Visits to Site
9 2
Written consent required .... ......................7.2,
9.1
Equipment, Labor, Materials and, , ... ......„
....6 3-6.5
Equipment rental, Cost of the Work .... ....
. ,. 11 4 5.3
Equivalent Materials and Equipment . ...................
6.7
error or omissions ....... ................
... ..... 6.33
Evidence of Financial Arrangements ........
. ...... ....8 11
Explorations of physical conditions ... ....
.......... 4.2.1
Fee, CONTRACTOR's--Costs Plus . .................
„ „11.6
Field Order --
definition of „ „ , „ „ , „
1 19
issued by ENGINEER , ... , „ , „ , ...........
3 6.1, 9 5
Final Application for Payment „ ... , .....
„ ....... 14.12
Final Inspection,,,,,,,,, „ „ ...... . ...........
,,,,,,, ,14 11
Final Payment --
and Acceptance_ ........
„ 14 13-14 14
Prior to, for cash allowances „ ,,,,,,,,,,,:,
,,,,11.8
General Provisions ,.. , „ „
„ 17.3-17.4
General Requirements --
definition of ...........................
...........1.20
principal references to.. ,2 6, 6.4,
6.6-6.7, 6.24
Giving Notice .... ....... .......... .............
„ 17 1
Guarantee of Work --by CONTRACTOR„ ....6.30,
1412
Hazard Communication Programs __ _ ........
....6.22
Hazardous Waste --
definition of .... .......... .............
..........1.21
general . „ _, , , ................ ..
.......... , _4.5
OWNER's responsibility for,,,,,,,,,,,,,,,,,,,,,
,,,, ,,,8 10
r-
L
L�
r-
ix EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99;
L�
Indemnification ... .. .. ...... .......
602, 6.16, 6.31-6 33
Initially Acceptable Schedules ...
.....2 9
Inspection --
Certificates of ... . . ... .. . .........9.13.4,
Final
13 5, 14 12
..1411
Article or Paragraph
Number
Special, required by ENGINEER.. .. . ... . . 9.6
Tests and Approval ...8.7, 13 3-13 4
Insurance --
Acceptance of, by OWNER, . ........ .....
.... J 14
Additional, required by changes
in the Work.
..114 5.9
Before starting the Work . ..... ......... .
.... ... .2.7
Bonds and --in general.
' 5
Cancellation Provisions
5.8
Certificates of 2.7, 5, 5.3, 5 4
11, 5 4 13,
5.6 5, 5.8, 5 14, 9
13.4, 14.12
completed operations . . ..... .. . .. ...... ....
5.413
CONTRACTOR!s Liability ........... .. . . .
. ...... 5.4
CONTRACTOR!s objection to coverage ......
5 14
Contractual Liability . .. . ..... . .... .. .. ....
54 10
deductible amounts, CONTRACTOR!s
responsibility ... . ...... ............. . .. ..
..... .5.9
Final Application for Payment.
.14.12
Licensed Insurers
53
Notice requirements, material changes ....
5 8, 10.5
Option to Replace . . .... .... ..... ..
... 5 14
other special insurances .. .... . ......
. ..... . 5 10
OWNER as fiduciary for insureds •.5
12-5 13
OWNER's Liability...
.5 5
OWNER!s Responsibility, ...... ... .......
.85
Partial Utilization, Property Insurance.... ..
..... 5 15
Property. .... _ . ..... .... . .... ...... ... .. ......
56-5 10
Receipt and Application of Insurance
Proceeds,
5 12-5 13
Special Insurance ... .... . ... ... .........
... 5 10
Waiver of Rights. . . . ..... ... ................
.... 5 11
Intent of Contract Documents •3
1-34
Interpretations and Clarifications "..... .... ...3
6.3,94
Investigations of physical conditions,,,,, ......
.... .. 4.2
Labor, Materials and Equipment, ..... ... .. . .......
6 3-6 5
Lands --
and Easements.
...8 4
Availability of .. ...... .. .. ............... ....
.... * 4.1,8.4
Reports and Tests,.... * .. .. ...
8 4
Laws and Regulations --Laws or Regulations—
Bonds * .... .. .
5.1-5.2
Changes in the Work . . ...... ... .... .... ......
104
Contract Documents
3 1
CONTRACTOR!s Responsibilities„ ... ........
. 6.14
Correction Period, defective Work ....... ....
... . .13 12
Cost of the Work, taxes .. ... . ..... . .. ..
.... 11.4.54
definition of,-- .... ... .. . ........................
...... 122
general6 14
Indemnification. •. ..... . ...... ...... .. .
6.31-633
Insurance . ..... . .. ... . ..... ......... ........... . .. 5.3
Precedence .......... . ... .. . ... . ...... 3.1,3.3.3
Reference to 3.3.1
Safety and Protection 13.2
Subcontractors, Suppliers and Others .... ... 6.8-611
Article or Paragraph
Number
Tests and Inspections.
.....135
Use of Premises. .. . . ...... ............. .......
0 16
Visits to Site .... ........ .........
. 9.2
Liability Insurance--
CONTRACTOR!s. .... ... . . .. .. ...
.54
OWNER!s --- ....... ..... . ... ...... ...
... 55
Licensed Sureties and Insurers . ..... . .... . .........
5.3
Liens --
Application for Progress Payment ...................
142
CONTRACTOR!s Warranty of Title ..... . ...
. J4.3
Final Application for Payment ...............
.. 14.12
definition of... .. . . ... . .. .. .................
123
Waiver of Claims... ... .. . . . . ......... .........
J4 15
Limitations on ENGINEER's authority and
responsibilities.. , .. .. ., . ..... .. ........ .
.9.13
Limited Reliance by CONTRACTOR
Authorized .. ... .. ... .. . .. . ........ ..... ......
422
Maintenance and Operating Manuals --
Final Application for Payment . ....... ..........
1412
Manuals (of others) --
Precedence... . .. . .... .. . ..... .. . .. ...... ..
33.3 1
Reference to in Contract Documents ..... .. . ......
33 1
Materials and equipment --
furnished by CONTRACTOR . . . . ..... ......
....... 0.3
not incorporated in Work ' ' '"" * * ....
** 14.2
Materials or equipment --equivalent . . ....... ...
...... 67
Mediation (Optional), . ... .. .. .. .. .... .. .........
16.7
Milestones --definition of ... .. . .. ...........
.... .1.24
Miscellaneous --
Computation of Times
17.2
Cumulative Remedies ... .. .... . ........ ............
174
Giving Notice ..... .. . I . .. . .. ...... .. . ....
...... 17.1
Notice of Claim,
' ** .... .... . . .... . ..............
17.3
Professional Fees and Court Costs Included
175
Multi -prime contracts, ....... .. . .. . . ...........
Y
Not Shown or Indicated . ...... ... ...... ............
43.2
Notice of --
Acceptability of Project',,,,
1413
Award, definition of, .. ....... . .. ...... ... ..
. .. 1.25
Claim ........
*.. .. ....... ... ....
173
Defects,13.1
Differing Subsurface or Physical Conditions,,,
„4.2 3
Giving. ...... ...... ....... . ........... ...... ... ..........
1.7 1
Tests and Inspections ..... .... ... . ........ ... 13.3
Variation, Shop Drawing and Sample,,,,,,,,,,,, ... 627
Notice to Proceed --
definition of, .. .. ... .. ....... . ............. .... ..... 1,.26
givingof .. . ....... ... .. ................................... �2.3
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
W/ CrTY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Notification to Surety ... . .... . .... ............ . ... ... 105
Observations, by ENGINEER ......
. . ..... ... . . 6 30, 9.2
Occupancy of the Work ........ ...... .
.5.15, 6.30.2.4, 14.10
Omissions or acts by CONTRACTOR ... . ... ... 6.9,9.13
Open Peril policy form, Insurance.
.5 6.2
Option to Replace ... . . ............ .. .
. ..... * 5.14
Article or Paragraph
Number
"Or Equal" Items ...... .. .....
....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.
.. 4.1
definition of ... ...... .. . .... ... ......
127
data, furnish
8.3
May Correct Defective Work ..... ..............
.... 13 14
May refuse to make payment
.....14.7
May Stop the Work .. .... .... ... .
..13 10
May Suspend Work,
Terminate .... ..... ... . 8, 13.10,
15.1-15.4
Payment, make prompt. . .8.3, 14 4, 14 13
performance of other work ... .. . .
....71
permits and licenses, requirements ....
..6 13
purchased insurance requirements.
56-5.10
OW'NER:s--
Acceptance of the Work.
J.302.5
Change Orders, obligation to execute
86, 104
Communications..
....81
Coordination of the Work. .... . .
..... 74
Disputes, request for decision ...... .. ....
... 9 11
Inspections, tests and approvals...,- ....
87, 134
Liability Insurance ..... ....... ... . .... ....
.... 5.5
Notice of Defects.-
13 1
Representative --During Construction,
ENGINEER's Status .. .. .............
91
Responsibilities --
Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material ..
... .... 8 10
Change Orders ......
..96
Changes in the Work .... . ..... ...
10.1
communications...
8 1
CONTRACTOR!s responsibilities.
.8.9
evidence of financial arrangements . ..
....8.11
inspections, tests and approvals .......
. .... 87
insurance ..... ., ... .
...85
lands and easements . .. ...... .. .
..... .8 4
prompt payment by .. . .. ........ ....... ...
. . 83
replacement of ENGINEER...
.8,2
reports and tests.
84
stop or suspend Work . . .. ...... . 8.8,13.10, 15.1
terminate CONTRACTOR!s
services
8 8, 15.2
separate representative at site .. . .. . ............
93
testing, independent..., .....13.4
use or occupancy
of the Work . .. .. .. . .......... . 5.15, 6.30.2.4, 14.10
written consent or approval
required ... ... ... .......... .................. 9.1, 6.3, 11.4
X1
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)7-
L_
Article or Paragraph
Number
written notice required ..............
7.1, 9 4, 9.11,
112,
119, 14.7, 15.4
PCBs --
definition of .... ..... .... -
.1.29
general ......... ...... .....
..4.5
OWNER's responsibility for
--...- ,8 10
Partial Utilization --
definition of .-.•,.. . . . ... . .......
... . 1.28
general 6.30 2 4, 14 10
Property Insurance „ . - „- --
5.15
Patent Fees and Royalties. ,... ,..,
- .. -.. , . 6.12
Payment Bonds
5.1-5.2
Payments, Recommendation of. „----,14.4-14
7, 14.13
Payments to CONTRACTOR and Completion
--
Application for ProgressPayments. ,
14.2
CONTRACTOR's Warranty of Title
„ -, , .-- ,14 3
Final Application for Payment
...... 1412
Final Inspection., .. , , ....
14 11
Final Payment and Acceptance. - --,
, .14 13-14 14
general .,.....
--. 83, 14
Partial Utilization ,--, ...
14.10
Retainage .• .• --
14.2
Review of Applications for
Progress Payments.. ..... ... .
.. ....... 14.4-147
prompt payment ............. ...... ....
. .... .8.3
Schedule of Values . ,- • . .........
.. 14 1
Substantial Completion. .....- ..
...... 14.8-14 9
Waiver of Claims .. . . .... .. .. ...
.... .. . 14 15
when payments due.
„ .. 14 4, 14 13
withholding payment. . .... . ....
.. „ ..,, „ ,. 14.7
Performance Bonds ..-- ..... .........
...... 5.1-5.2
Permits ......... ... ..
. ..... 6 13
Petroleum --
definition of
130
general .•-- •..... ... ...... .... ...
-- . --, _ ...4.5
OWNER's responsibility for, „ .,-
..8 10
Physical Conditions --
Drawings of, in or relating to. „-
.4212
ENGINEER's review,
......... 4 2.4
existing structures... . ,..
....4.2.2
general 4.2.1.2 ..-........ ..... ..
............
Notice of Differing Subsurface or,.., ....
...4.2.3
Possible Contract Documents Change .
.. 4.2.5
Possible Price and Times Adjustments
... ....4.2 6
Reports and Drawings .......... ... ..............
.. „ 4.2.1
Subsurface and,. -,- „-, .
.. . „ , 4.2
Subsurface Conditions ....... ..... ........ .........4.2.1
1
Technical Data, Limited Reliance by
CONTRACTOR Authorized ......
.. ... 42.2
Underground Facilities --
general . . .. ....... ... ... ... ..... •
-- ... -- ..3
Not Shown or Indicaed „ ,.
4 3 2
Protection of ......... ........... •....
,_, 4.3, 6.20
Article or Paragraph
Number
Shown or Indicated ...... ......... ...... .,,-•,
„.„ ,4.3.1
.
Technical Data . ... ..... .. ....................
4.22
Preconstruction Conference ,
28
Preliminary Matters,,. .,, „ ,
„ , , ...,_ .„2
Preliminary Schedules ...... ..... . ....
.... ........... , 2.6
Premises, Use of.., , , .,,
6.16-6.18
Price, Change of Contract
.,,....... 11
Price, Contract --definition of „ , ., , , .,..,
„ ... ,..1.11
Progress Payment, Applications for ..................
...)4 2
Progress Payment--retainage .... .
Progress schedule, CONTRACTOR's ......
.2.6, 2.8, 2.9,
.... . ... ............ 6 6, 6.29,
10.4, 15.2.1
Project --definition of .............................
......1.31
Project Representative—
ENGINEER's Status During Construction........, 9.3
Project Representative, Resident --definition of .......1.33
prompt payment by OWNER.................................8.3
Property Insurance --
Additional .... ... .._ . .........................
5.7
general5.6-5.10
Partial Utilization .........5.15,
14 10.2
receipt and application of proceeds ...
5 12-5.13
Protection, Safety and ..... , .... ...6
20-6.21, 13.2
Punch list ,,...... - ,. ,
............. 14.11
M Radioactive aterial--
defintion of .............................................
1.32
general4 5
OWNER's responsibility for. ,- ., ....
„ ........ $.10
Recommendation of Payment.. ,. .......J4.4, 14.5, 14.13
Record Documents ........ ...... . . . ........
6.19, 14.12
Records, procedures for maintaining ..........
............ 2 8
Reference Points . ... ... .................................4.4
Reference to Standards and Specifications
of Technical Societies .........................
. ......... 3.3
Regulations, Laws and (or) ...... .........................
6.14
Rejecting Defective Work ....... .... .............
„-,........9.6
Related Work --
at Site .........................
..- ... .... . ...
.7 1-7.3
Performed prior to Shop Drawings
and Samples submittals review .............
....6.28
Remedies, cumulative ......... ......................17.4,
17.5
Removal or Correction ofDefective Work
........ ....13.11
rental agreements, OWNER approval required
....11.4.5.3
replacement of ENGINEER, by OWNER,,,,,,,,,,,,,,,,
,,,8.2
Reporting and Resolving
Discrepancies . .. .. . ...............2.5,
3.3.2, 6.14.2
Reports --
and Drawings... ... ....... .........
„ ............4.2.1
and Tests, OWNER's responsibility,,,,,,,,,,,,,,,,,
,„8.4
Resident and Project Representative --
definition of ...................................
..........1.33
provision for ........ .................... ............... ..... 9.3
xn
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph
Number
Resident Superintendent, CONTRACTOR'* .............. 6.2
Responsibilities—
CONTRACTOR's-in general ............. ........ .....6
ENGINEER's-m general... . . . ..........
. ...... ...9
Limitations on „
„ ,,,..,.9.13
OWNER's-in general ....... ...................
.......... 8
Retainage ....
..... ...14 2
Reuse of Documents , „
3.7
Review by CONTRACTOR Shop Drawings
and Samples Prior to Submittal .................
6.25
Review of Applications for
Progress Payments . . . ... ...... ...........14
4-14 7
Right to an adjustment ............. ............
„-, ..10.2
Rights of Way .... .. .. ... ... ...
4 1
Royalties, Patent Fees and, ,
... .6 12
Safe Structural Loading ..... ...... ....
......... .....6.18
Safety --
and Protection „ ..4
3.2, 6 16, 6 18,
6
20-6.21, 7.2, 13 2
general .... ....... ..........
6 20-6.23
Representative, CONTRACTOR's .
, , ...... 6.21
Samples --
definition of .. .......... ..................
... . ..1.34
general . ... ....... . .. ..... ..............
6 24-6.28
Review by CONTRACTOR
...6 25
Review by ENGINEER._ „ , -,
....,, ,6.26, 6.27
related Work . ......... ..... ......
.. 6.28
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. .. ......
..... ...... .. 10.4
Initially Acceptable.... ... „ .. .....
......... 2.8, 2.9
Preliminary ... .. . ... . .. ....................
.. 2.6
„ Scope of Changes,...-.........................10.3-10
4
Subsurface Conditions . ..... ... ......
........ .421.1
Shop Drawings --
and Samples, general ........................
6 24-6.28
Change Orders & Applications for
Payments, and ... ......... ... ...
... ....... .. 9 7-9 9
definition of ..... .. . ........
..............1 35
ENGINEER's approval of ,...,.....
.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
Article or Paragraph
Number
submittal required .. „...................... .......
6.24 1
Submittal Procedures ................... .
6.25
use to approve substitutions ... . .............
„.6.7 3
Shown or Indicated ..... .......................
. ,. , 4.3.1
Site Access .......... ......7
. .... .............
2, 13.2
Site Cleanliness.,.. .. .............. . .. ...........0.17
Site, Visits to --
by ENGINEER ... ..... . ........................
9.2, 13.2
by others..., . ..,
13.2
"special causes of loss" policy form,
...
insurance ... ... ............ ...... .............
5.6.2
definition of ..... .. ............................ 1.36
Specifications—
defination of ... ......... .............
... ... 1.36
of Technical Societies, reference tq ............3
3.1
precedence ............................ .....
... 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 .. .. ......... ...............12
3
waiver of rights ,. ,-, ...... .......
. .......6.11
Subcontractors --in general .. . .... ...... ............
6.8-6.11
Subcontracts --required provisions.. .. 5.11, 6.11, 114.3
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 .... , ..........2
6, 14.1
Schedule of Shop Drawings and Samples
Submissions ................................
2.6, 2 8-2.9
Shop Drawings, ,- ......., ...................
6.24-6.28
Substantial Completion --
certification of .. ... ................. 6.30.2.3, 14.8-14.9
definition of ............................................
1.38
Substitute Construction Methods or Procedures,,,,.. 6.7.2
Substitutes and "Or Equal" Items ........... ...
... ......6.7
CONTRACTOR's Expense ......... ...........¢
7.1.3
ENGINEER's Evaluation,,., .........................
_ 6.73
"Or -Equal.. ........... ....... ......... ........
...0 7.I.I
Substitute Construction Methods
L.
xin EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99) i
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0
Article or Paragraph
Number
or Procedures. . .. .............
.6.7.2
Substitute Items ........... ......
...... j5 7 1.2
Subsurface and Physical Conditions --
Drawings of, in or relathg to. . ... ......
,... 4.2 1 2
ENGINEER's Review ...... ...
.... ..4.2.4
general . ,.. . -
..4 2
Limited Reliance by CONTRACTOR
Authorized
422
Notice of Differing Subsurface or
Physical Conditions.. ..
.4 2 3
Physical Conditions. ..
4 2 12
Possible Contract Documents Change..
....... 4.25
Possible Price andTimes Adjustments..
........ 4 2.6
Reports and Drawings . ...... ..............
4 2.1
Subsurface and... . •. .. . . . ..........
4.2
Subsurface Conditions at the Site .-
.4.21.1
Technical Data. ..
..... 42.2
Supervision—
CONTRACTOR's responsibility .. .........
„ .. 6.1
OWNER shall not supervise ........
..... ....8.9
ENGINEER shall not supervise ..-- .....
-- 9.2, 9.13 2
Superintendence , , , ., , .. . .•.. .
. •, ... .6 2
Superintendent, CONTRACTOR's resident..,
.....6.2
Supplemental costs .. ... ...........
..114.5
Supplementary Conditions --
definition of
1 39
principal references to .. .... ..1 10, 1.18,
12, 2 7,
-,-,- -- , -- -, 4.2, 4.3, 5 F, 5.3, 5 4, 5.6-5.9,
...... ..... 5.11,6.8,6.13,7.4,811,93,9.10
Supplementing Contract Documents- 3 6
Supplier --
definition of . ...
1.40
principal references to...... . 3 7, 6.5, 6
8-6.11, 6 20,
6.24, 9 13, 14 12
Waiver of Rights . . ........... ..........
....6.11
Surety --
consent to final payment . .... .. .......
14.12, 14 14
ENGINEER has no duty to ...................
........ 9.13
Notification of . .... .. -- .•......... 10
1, 10.5, 15.2
qualification of......, „ ... ... ... ..... .......
... 5 1-5 3
Survival of Obligations..
6.34
Suspend Work, OWNER May . .._. ....,,13.10,
15.1
Suspension of Work and Termination- ...........
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, ... ..
.... .. . 4.22
Possible Price and Times Adjustments..,,,
......, 4-2 6
Reports of Differing Subsurface and
Physical Conditions ... ... .................„
..4.2.3
xiv
Temporary construction facilities .. ............... „ ... 41
Article or Paragraph
Number
Termination --
by CONTRACTOR . . ........................... 15.5
by OWNER...... „ , „ , ,
8 8, 15.1-15.4
ofENGINEER's employment ....... ...
............... $ 2
Suspension of Work-in general . ......
. ..........15
Terms and Adjectives-
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 .. ........
...... 134
special, required by ENGINEER ......
... ......9 6
timely notice required .. ..-- ...
........ . ....13.4
Uncovering the Work, at ENGINEER's
request. ......
„ 13.8-13 9
Times--
Adlusting. .. ., .... .. . .................
. ...... .6
Change of Contract ... .. ... „
.. .......... . 12
Computation of „ ...
Contract Times --definition of .... .......
.......1.12
day ........ ...
17.2.2
Milestones .....
......12
Requirements --
appeals....., .. ................
.......9 10, 16
.
clarifications,
claims and disputes. . . ...... .
. 9,11, 11.2, 12
Commencement of Contract Times,,
... , , ....2.3
Preconstruction Conference . .......
. .-. ,. 2 8
schedules,,,, ,,, ,, ,,, ,,, „ ,,,, ,,,,, ,
,,, 2.6, 2.9, 6.6
Starting the Work .. .. ...... . ....
...... ....2.4
Title, Warranty of ......... ..............................
14.3
Uncovering Work - ............... ......... .
......13.8-13.9
Underground Facilities, Physical Conditions --
definition of..,, ,,,,, „ ,,,„„-,
......1 41
Not Shown or Indicated ............. .
„ ........ 4.3.2
protection of..... „ , , ,,,, , „ . ..... ......
... 3, 6.20
Shown or Indicated .................. .....
......4 3.1
Unit Price Work --
claims ...........
1.1.9.3
definition of ...............................
....... „1.42
general11.9, 14.1, 14 5
Unit Prices--
genera111.3.1
Determination for .. ........................
. . .......9.10
Use of Premises ...... -- - ,- 6 16,
6 18, 6.30.2 4
Utility owners----- --- ,- - - ¢ 13, 6 20, 7.1-7.3, 13.2
Utilization, Partial. .•........ ....1 28, 5.15, 6 30.2.4, 14 10
Value of the Work .. ...... ............ ...................
11.3
Values, Schedule of.. ...... , „, , , ,,,,7 6,
2.8-2.9, 14.1
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
0
indicated in or required by the Contract Documents, and that the Contract
Documents are sufficient in scope and detail to indicate and convey
understanding of all terms and conditions for performance and furnishing of
the Work.
5.0 INTERPRETATIONS AND ADDENDA,
5.1. All questions about the meaning or intent of the Bidding Documents are to
be submitted in writing to the Engineer and the OWNER. Interpretation or
clarifications considered necessary in response to such questions will be
issued only by Addenda. Questions received less than seven days prior to
the date for opening of the Bids may not be answered. Only questions
answered by formal written Addenda will be binding. Oral and other
interpretations or clarifications will be without legal effect.
5.2. All questions concerning the scope of this project should be directed
to the Engineer. Questions regarding submittal of bids should be directed
to the City of Fort Collins' Purchasing Division.
5.3. Addenda may also be issued to modify the Bidding Documents as deemed
advisable by OWNER or Engineer.
5.4. Addenda will be mailed or delivered to all parties recorded by the
OWNER as having received the Bidding documents.
6.0 BID SECURITY
6.1. Each Bid must be accompanied by Bid Security made payable to OWNER in
the amount stated in the Invitation to Bid. The required security must be
in the form of a certified or bank cashier's check payable to OWNER or a
Bid Bond on the form enclosed herewith. The Bid Bond must be executed by
a surety meeting the requirements of the General Conditions for surety
bonds.
6.2. The Bid Security of the successful Bidder will be retained until such
Bidder has executed the Agreement and furnished the required contract
security, whereupon Bid Security will be returned. If the successful
Bidder fails to execute and deliver the Agreement and furnish the required
contract security within 15 days of the Notice of Award, OWNER may annul
the Notice of Award and the Bid Security of that Bidder will be forfeited.
The Bid Security of other Bidders whom OWNER believes to have reasonable
chance receiving the award may be retained by OWNER until the earlier of
the seventh day after the effective date of the Agreement or the thirty-
first day after the Bid Opening, whereupon Bid Security furnished by such
Bidders will be returned. Bid Security with Bids which are not competitive
will be returned within seven days after the Bid opening.
7/96
Section 00100 Page 3
Variations in Work --Minor
Authorized„ , ,,,,,, , ,,,,,,,,,,,,,,, 6 25, 6 27, 9.5
Article or Paragraph
Number
Visas to Site --by ENGINEER ,, , , ,,,
,,, , ,,,,,,,, „ 92
Waiver of Claims --on Final Payment,,,,
,,,,,,, ,,,,,,,,14 15
Waiver of Rights by insured parties
,, . . „5 11,6 11
Warranty and Guarantee, General --by
CONTRACTOR .. ,,,, _,,,
6.30
Warranty of Title, CONTRACTOR's. ..............
„ 143
Work --
Access to . .. .......
132
by others, .. , ..........
. .....
.... „ 7
Changes in the . ... ..... ....... .. ..
„ 10
Continuing the, ,,,,,,,,, ,,,,,,,,,, ,,,,,,,,,
,, 6.29
CONTRACTOR May Stop Work
or Terminate ... ,,,, ,,,. „ . . ....
...... . . „ )5 5
Coordination of, . ...,,.... ,
,,, ,,,,, 74
Cost of the, „ , „ „
„ ._ 11 4-11 5
definition of , , ,,,, ,,,,,,,,,
_,,,,, 1.43
neglected by CONTRACTOR ,
, , , , 13 14
other Work .. ... .... ........................
..... 7
OWNER May Stop Work,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,1310
OWNER May Suspend Work ,
13 10, 15 1
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 36
Work Change Directive --
claims pursuant to . „ , „
,_10 2
definition of ... ..... .. ..... .....
.............1 44
principal references to ... , „ .
_ 3 5 3, 10.1-10.2
Written Amendment --
definition of ,,,,,,,,,,,, ,,,, , , ,
, , 145
principal references to „ , 1 10, 3.5, 5.10,15 12,
662,68.2,6,19,
101, 104,
„112,121,13122,147.2
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)
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GENERAL CONDITIONS
ARTICLE I —DEFINITIONS
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the
meanings indicated which are applicable to both the
singular and plural thereof.
1.1 Addenda —Written or graphic instruments issued
prior to the opening of Bids which clarify, correct or
change the Bidding Requirements or the Contract
Documents
12. 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
14 Asbestos —Any material that contains more than one
percent asbestos and is friable or is releasing asbestos fibers
into the air above current action levels established by the
United States Occupational Safety and Health
Administration
1.5 Bid --The offer or proposal of the bidder submitted
on the prescribed form setting forth the prices for the Work
to be performed.
16 Bidding Documents —The advertisement or
invitation to Bid, instructions to bidders, the Bid form, and
the proposed Contract Documents (including all Addenda
issued prior to receipt of Bids).
1.7 Bidding Requirements --The advertisement or
invitation to Bid, instructions to bidders, and the Bid form.
1.8 Bonds —Performance and Payment bonds and other
instruments of security.
1.9. Change Order —A document recommended by
ENGINEER, which .is signed by CONTRACTOR and
OWNER and authorizes an addition, deletion or revision in
the Work, or an adjustment in the Contract Price or the
Contract Times, issued on or after the Effective Date of the
Agreement.
1.10 Contract Documents —The Agreement, Addenda
(which pertain to the Contract Documents),
CONTRACTOR's , Bid (including documentation
accompanying the Bid and any post Bid documentation
submitted prior to the Notice of Award) when attached as
an exhibit to the Agreement, the Notice to Proceed, the
Bonds, these General Conditions, the Supplementary
Conditions, the Specifications and the Drawings as the
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 Price --The moneys payable by
OWNER to CONTRACTOR for completion of the Work
in accordance with the Contract Documents as stated in
the Agreement (subject to the provisions of
paragraph 119.1 in the case of Unit Price Work).
1 12. Contract Times —The numbers of days or the
dates stated in the Agreement (i) to achieve Substantial
Completion, and (ii) to complete the Work so that it is
ready for final payment as evidenced by ENGINEER's
written recommendation of final payment in accordance
with paragraph 14.13
1.13. CONTRACTOR —The person, firm or corporation
with whom OWNER has entered into the Agreement.
1 14 defective --An adjective which when modifying
the word Work refers to Work that is unsatisfactory, faulty
or deficient in that it does not conform to the Contract
Documents, or does not meet the requirements of any
inspection, reference standard, test or approval referred to
in the Contract Documents, or has been damaged prior to
ENGINEER's recommendation of final payment (unless
responsibility for the protection thereof has been assumed
by OWNER at Substantial Completion in accordance with
paragraph 14.8 or 14.10)
1 15 Drawings —The drawings which show the scope,
extent and character of the Work to be furnished and
performed by CONTRACTOR and which have been
prepared or approved by ENGINEER and are referred to
in the Contract Documents. Shop drawings are not
Drawings as so defined.
1.16 Effective Date of the Agreement —The date
indicated in the Agreement on which it becomes effective,
but if no such date is indicated it means the date on which
the Agreement is signed and delivered by the last of the
two parties to sign and deliver.
1.17. ENGINEER —The person, firm or corporation
named as such in the Agreement.
1.18 ENGINEER's Consultant --A person, firm or
corporation having a contract with ENGINEER to furnish
services as ENGINEER's independent professional
associate or consultant with respect to the Project and who
is identified as such in the Supplementary Conditions
1.19 Field Order —A written order issued by
ENGINEER which orders minor changes in the Work in
accordance with paragraph 9.5 but which does not involve
a change in the Contract Price or the Contract Times
EJCDC GENERAL CONDITIONS 1910.8 (1990 Emnon)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV V2000)
1 20. General Requirements —Sections of Division 1 of
the Specifications.
1954 (42 USC Section 2011 et seq ) as amended from
time to time.
1.21. Hazardous Waste --The term Hazardous Waste shall
have the meaning provided in Section 1004 of the Solid
Waste Disposal Act (42 USC Section 6903) as amended
from time to time.
1.22.a Laws and Regulations, Laws or Regulations --Any
and all applicable laws, rules, regulations, ordinances,
codes and orders of any and all governmental bodies,
agencies, authorities and courts having jurisdiction
1.22 b Legal Holidays--shall be those holidays observed
by the City of Fort Collins
123 Liens —Liens, charges, security interests or
encumbrances upon real property or personal property
124. Milestone —A principal event specified in the
Contract Documents relating to an intermediate completion
date or time prior to Substantial Completion of all the
Work.
1.25. Notice of Award --A written notice by OWNER to
the apparent successful bidder stating that upon compliance
by the apparent successful bidder with the conditions
precedent enumerated therein, within the time specified,
OWNER will sign and deliver the Agreement
1.26 Notice to Proceed —A written notice given by
OWNER to CONTRACTOR (with a copy to ENGINEER)
fixing the date on which the Contract Times will
commence to run and on which CONTRACTOR shall start
to perform CONTRACTOR'S obligations under the
Contract Documents
1.27. OWNER —The public body or authority,
corporation, association, firm or person with whom
CONTRACTOR has entered into the Agreement and for
whom the Work is to be provided.
128. Partial Utilization —Use by OWNER of a
substantially completed part of the Work for the purpose
for which it is intended (or a related purpose) prior to
Substantial Completion of all the Work
129. PCBs —Polychlorinated biphenyls.
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
1 31. Project —The total construction of which the Work
to be provided under the Contract Documents may be the
whole, or a part as indicated elsewhere in the Contract
Documents,
1.32.a. Radioactive Material —Source, special nuclear, or
byproduct material as defined by the Atomic Energy Act of
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edmon)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
132 b Regular Working Hours --Regular working hours
are defined as 7.00am to 6:00ym unless otherwise
specified in the General Requirements.
I.33 Resident Project Representative —The authorized
representative of ENGINEER who may be assigned to the
site or any part thereof.
1.34. Samples —Physical examples of materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged
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.
1.37 Subcontractor —An individual, firm or corporation
having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the
Work at the site.
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 1413. 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 Facilities —All pipelines, conduits,
ducts, cables, wires, manholes, vaults, tanks, tunnels or
other such facilities or attachments, and any encasements
containing such facilities which have been installed
underground to furnish any of the following services or
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materials: electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable
television, sewage and drainage removal, traffic or other
control systems or water.
1.42. Unit Price Work —Work to be paid for on the basis
of unit prices
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 nonengmeering
or nontechnical rather than strictly construction -related
aspects of the Contract Documents
ARTICLE 2—PRELIMINARY MATTERS
Delivery of Bonds:
2.1 When CONTRACTOR delivers the executed
Agreements to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR may
be required to furnish in accordance with paragraph 5 1
Copies of Documents:
22. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary
Conditions) of the Contract Documents as are reasonably
necessary for the execution of the Work Additional copies
will be furnished, upon request, at the cost of reproduction.
Commencement of Contract Times, Notice to proceed:
2.3. The Contract Times will commence to run on the
thirtieth day after the Effective Date of the Agreement, or,
if a Notice to Proceed is given, on the day indicated in the
Notice to Proceed A Notice to Proceed may be given at
any time within thirty days after the Effective Date of the
Agreement. i no event will the Gentmet Time
eemmenee te fun later than the sixtieth day after- the
of epening ... the thwketh d after the Eff6.ive T +
efth A ,.....,... ent� .4iieheye- date :, ..dier-
b
Starting the Work:
24 CONTRACTOR shall start to perform the Work
on the date when the Contract Times commence to run,
but no Work shall be done at the site prior to the date on
which the Contract Times commence to run.
Before Starting Construction:
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 indicating
the times (numbers of days or dates) for starting and
completing the various stages of the Work, including
any Milestones specified in the Contract Documents,
2.6.2 a preliminary schedule of Shop Drawing and
Sample submittals which will list each required
submittal and the times for submitting, reviewing and
processing such submittal;
2.6.2.1. In no case will a schedule be
acceptable which allows less than 21 calendar
days for each review by 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 0 shall eaeh deliver to the
ether OWNER with copies to
identified in the Suppie....entar. Cenditieft ENGINEER
T
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edison)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
certificates of insurance (and other evidence of insurance
reaseftabl re"esre"est requested by OWNER) which
CONTRACTOR is required
to purchase and maintain in accordance with
paragraphs 5 4, 5 6 and
Preconstruction Conference:
2.8 Within twenty days after the Contract Times start to
run, but before any Work at the site is started, a conference
attended by CONTRACTOR, ENGINEER and others as
appropriate will be held to establish a working
understanding among the parties as to the Work and to
discuss the schedules referred to in paragraph 2 6,
procedures for handling Shop Drawings and other
submittals processing Applications for Payment and
maintaining required records
Initially Acceptable Schedules:
29. Unless otherwise provided in the Contract
Documents, a4 least ten days be f .e seb.--.issi..n e f the fir
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:
31. The Contract Documents comprise the entire
agreement between OWNER and CONTRACTOR
concerning the Work. The Contract Documents are
complementary; what is called for by one is as binding as if
called for by all. The Contract Documents will be
construed in accordance with the law of the place of the
Project.
3.2. It is the intent of the Contract Documents to
EJCDC GENERAL, CONDITIONS 1910-8 (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. K 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
141
t`,
IO
I
I !,
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11
Ii
0
LJ
V
u
3.3.3 2 the provisions of any such Laws or
Regulations applicable to the performance of the
Work (unless such an interpretation of the
provisions of the Contract Documents would result
in violation of such Law or Regulation)
No provision of any such standard, specification, manual,
code or instruction shall be effective to change the duties
and responsibilities of OWNER, CONTRACTOR or
ENGINEER, or any of their subcontractors, consultants,
agents or employees from those 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
famishing or performance of the Work or any duty or
authority to undertake responsibility inconsistent with the
provisions of paragraph 9.13 or any other provision of the
Contract Documents.
3.4 Whenever in the Contract Documents the terms "as
ordered", "as directed", "as required", "as allowed", "as
approved" or terms of like effect or import are used, or the
adjectives "reasonable", "suitable", "acceptable", "proper"
or "satisfactory" or adjectives of like effect or import are
used to describe a requirement, direction, review or
judgment of ENGINEER as to the Work, it is intended that
such requirement, direction, review or judgment will be
solely to evaluate, in general, the completed Work for
compliance with the requirements of and information in the
Contract Documents and conformance with the design
concept of the completed Project as a functioning whole as
shown or indicated in the Contract Documents (unless there
is a specific statement indicating otherwise). The use of
any such term or adjective shall not be effective to assign to
ENGINEER any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility contrary to the
provisions of paragraph 9 13 or any other provision of the
Contract Documents.
Amending and Supplementing Contract Documents:
3.5. The Contract Documents may be amended to
provide for additions, deletions and revisions in the Work
or to modify the terms and conditions thereof in one or
more of the following ways:
3 5 1 a formal Written Amendment,
3.52 a Change Order (pursuant to paragraph 10.4),
or
35.3 a Work Change Directive (pursuant to
paragraph 10 1).
36 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
36.3 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
furnr3hmg 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 Project or any other project without
written consent of OWNER and ENGINEER and specific
written verification or adaptation by ENGINEER.
ARTICLE 4-AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
Avai1'ability of Lands•
4.1. OWNER shall furnish, as indicated in the Contract
Documents, the lands upon which the Work is to be
performed, rights -of -way and easements for access
thereto, and such other lands which are designated for the
useoCCONTRACTOR Up feasenable va:, enf e
h-ffl T
giving
e€-ei filingeh e's lie_againsth lands
aeeefdanee wM applieable Lairs —and Regalmiens.
OWNER shall identify any encumbrances or restrictions
not of general application but specifically related to use of
lands so famished with which CONTRACTOR will have
to comply in performing the Work. Easements for
permanent structures or permanent changes in existing
facilities will be obtained and paid for by OWNER, unless
otherwise provided in the Contract Documents If
CONTRACTOR and OWNER are unable to agree on
entitlement to or the amount or extent of any adjustments
in the Contract Price or the Contract Times as a result of
any delay in OWNER's famishing these lands, rights -of -
way or easements, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12.
11
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
wJ 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:
42.1. Reports and Drawings Reference is made to
the Supplementary Conditions for identification of
4 2 1.1 Subsurface Conditions Those reports of
explorations and tests of subsurface conditions at or
contiguous to the site that have been utilized by
ENGINEER in preparing the Contract Documents;
and
4 2 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
4 2.2.1 other data, interpretations, opinions
and information contained in such reports or shown
or indicated in such drawings, or
422.3. 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
423 1 is of such a nature as to establish that
any "technical data" on which CONTRACTOR is
entitled to rely as provided in paragraphs 4.2.1 and
4 2.2 is materially inaccurate, or
4 2.3 2 is of such a nature as to require a
change in the Contract Documents, or
4.233 differs materially from that shown or
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
indicated in the Contract Documents, or
4.2.3.4 is of an unusual nature, and differs
materially from conditions ordinarily encountered
and generally recognized as inherent in work of
the character provided for in the Contract
Documents; then
CONTRACTOR shall, promptly immediately after
becoming aware thereof and before further disturbing
conditions affected thereby or performing any Work in
connection therewith (except in an emergency as
permitted by paragraph 6 23), notify OWNER and
ENGINEER in writing about such condition.
CONTRACTOR shall not further disturb such conditions
or perform any Work in connection therewith (except as
aforesaid) until receipt of written order to do so.
4 2.4. ENGINEER's Review ENGINEER will
promptly review the pertinent conditions, determine the
necessity of OWNER'S obtaining additional exploration or
tests with respect thereto and advise OWNER in writing
(with a copy to CONTRACTOR) of ENGINEER's
findings and conclusions
4 2 5. Possible Contract Documents Change If
ENGINEER concludes that a change in the Contract
Documents is required as a result of a condition that meets
one or more of the categories in paragraph 4.2 3, a Work
Change Directive or a Change Order will be issued as
provided in Article 10 to reflect and document the
consequences of such change.
4.26 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:
42.6.1 such condition must meet any one or
more of the categories described in
paragraphs 4 2 3.1 through 4 2 3 4, inclusive;
4.2.62. a change in the Contract Documents
pursuant to paragraph 4.2.5 will not be an
automatic authorization of nor a condition
precedent to entitlement to any such adjustment;
4.2.6.3 with respect to Work that is paid for
on a Unit Price Basis, any adjustment in Contract
Price will be subject to the provisions of
paragraphs 9.10 and 11.9; and
4 2.6.4 CONTRACTOR shall not be entitled
to any adjustment in the Contract Price or Times
if,
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
4 2.6.4 3 CONTRACTOR failed to
give the written notice within the time and
as required by paragraph 4.2 3.
If OWNER and CONTRACTOR are unable to agree on
entitlement to or as to the amount or length of any such
equitable adjustment in the Contract Price or Contract
Times, a claim may be made therefor as provided in
Articles I and 12. However, OWNER, ENGINEER and
ENGINEER's Consultants shall not be liable to
CONTRACTOR for any claims, costs, losses or damages
sustained by CONTRACTOR on or in connection with any
other project or anticipated project
9 4.3. Physical Conditions —Underground Facilities:
4.3.1 Shown or Indicated• The information and data
shown or indicated in the Contract Documents with
respect to existing Underground Facilities at or
contiguous to the site is based on information and data
furnished to OWNER or ENGINEER by the owners of
a such Underground Facilities or by others. Unless it is
otherwise expressly provided in the Supplementary
Conditions:
4.3 1 1 OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data; and
43 1.2. The cost of all of the following will be
included in the Contract Price and CONTRACTOR
shall have full responsibility for (i) reviewing and
checking all such information and data, (ii) locating
all Underground Facilities shown or indicated in the
Contract Documents,(iii) coordination of the Work
with the owners of such Underground Facilities
during construction, and (iv) the safety and
Q protection of all such Underground Facilities as
provided in paragraph 6.20 and repairing any
damage thereto resulting from the Work
4.3.2. Not Shown or Indicated- If an Underground
Facility is uncovered or revealed at or contiguous to
the site which was not shown or indicated in the
Contract Documents, CONTRACTOR shall, 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 shall may be allowed an increase in
the Contract Pnce or an extension of the Contract
Times, or both, to the extent that they are attributable
to the existence of any Underground Facility that was
not shown or indicated in the Contract Documents
and that CONTRACTOR did not know of and could
not reasonably have been expected to be aware of or
to have anticipated. If OWNER and CONTRACTOR
are unable to agree on entitlement to or the amount or
length of any such adjustment in Contract Price or
Contract Times, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12 However,
OWNER, ENGINEER and ENGI NEEWs
Consultants shall not be liable to CONTRACTOR for
.any claims, costs, losses or damages incurred or
sustained by CONTRACTOR on or in connection
with any other project or anticipated project.
Reference Points:
4.4 OWNER shall provide engineering surveys to
establish reference points for construction which in
ENGINEER's judgment are necessary to enable
CONTRACTOR to proceed with the Work
CONTRACTOR shall be responsible for laying out the
Work, shall protect and preserve the established reference
points and shall make no changes or relocations without
the prior written approval of OWNER. CONTRACTOR
shall report to ENGINEER whenever any reference point
is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and shall be
responsible for the accurate replacement or relocation of
such reference points by professionally qualified
personnel
4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Material:
4.5.1. OWNER shall be responsible for any
Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Material uncovered or revealed at the site
which was not shown or indicated in Drawings or
Specifications or identified in the Contract
Documents to be within the scope of the Work and
which may present a substantial danger to persons or
property exposed thereto in connection with the Work
at the site. OWNER shall not be responsible for any
such materials brought to the site by
CONTRACTOR, Subcontractors, Suppliers or
anyone else for whom CONTRACTOR is
responsible
EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
7.0 CONTRACT TIME.
The number of days within which, or the date by which the Work is to be
substantially complete and also completed and ready for Final Payment (the
Contract Times) are set forth in the Agreement.
8.0 LIQUIDATED DAMAGES.
Provisions for liquidated damages are set forth in the Agreement. _
9.0 SUBSTITUTE ("OR EQUAL") MATERIAL AND EQUIPMENT
The Contract, if awarded, will be on the basis of material and equipment
described on the Drawings or specified in the Specifications without
consideration of possible substitute or "or equal" items. Whenever it is
indicated on the Drawings or specified in the Specifications that a
substitute or "or equal" item of material or equipment may be furnished or
used by CONTRACTOR if acceptable to Engineer, application for such
acceptance will not be considered by Engineer until after the "effective
date of the Agreement". The procedure for submittal of any such
application by CONTRACTOR and consideration by Engineer is set forth in the
General Conditions which may be supplemented in the General Requirements.
10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS
10.1. Each Bidder shall submit at the Bid opening to
principal subcontractors he proposes to use in the Work.
00430 contained within these Documents.
OWNER a list of 4
Refer to Section
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 U
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. 1'
7/96
Section 00100 Page 4
...
-
- -
- .....
00.
_ .i!e�cernsser.
I -
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EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
ARTICLE 5—BONDS AND INSURANCE
Performance, Payment and Other Bonds:
5.1. CONTRACTOR shall furnish Performance and
Payment Bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and
payment of all CONTRACTOR's obligations under the
Contract Documents These Bonds shall remain in effect
at least until one year after the date when final payment
becomes due, except as provided otherwise by Laws or
Regulations or by the Contract Documents
CONTRACTOR shall also furnish such other Bonds as
are required by the Supplementary Conditions. All Bonds
shall be in the form prescribed by the Contract Documents
except as provided otherwise by Laws or Regulations and
shall be executed by such sureties as are named in the
current list of "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in
Circular 570 (amended) by the Audit Staff, Bureau of
Government Financial Operations, U.S Treasury
Department All Bonds signed by an agent must be
accompanied by a certified copy of such agent's authority
to act
5.2. If the surety on any Bond fiunished 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; Cerkfrcates of
Insurance:
5.31 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. OWNER
MMPMT�Mvl M."
�I
V
0
0
t
II
L
0
0
101°�
0
it]
I
Ff
CONTRACTOR's Liability Insurance:
54 CONTRACTOR shall purchase and maintain such
liability and other insurance as is appropriate for the Work
being performed and furnished and as will provide
protection from claims set forth below which may arise out
of or result from CONTRACTOR's performance and
furnishing of the Work and CONTRACTOR's other
obligations under the Contract Documents, whether it is to
be performed or furnished by CONTRACTOR, any
Subcontractor or Supplier, or by anyone directly or
indirectly employed by any of them to perform or fumish
any of the Work, or by anyone for whose acts any of them
may be liable
5.4 1 claims under workers' compensation, disability
benefits and other similar employee benefit acts;
5 4.2 claims for damages because of bodily injury,
occupational sickness or disease, or death of
CONTRACTOR's employees,
5.4 3 claims for damages because of bodily injury,
sickness or disease, or death of any person other than
CONTRACTOR's employees,
5 A A el. ims f - damages
insured by eustema-y
. a-..e..
.lt of ., a ffen a A.- etly e
(i)b an s a
��� � ....; p,,.,.,.. .. a t..
the
..direct].. -elated ♦e
G ONTD ALTO -
a pleyme..t of sueh p n by
h. f .
.. .., �..,
(it)
..��ai�TemcrYci:�onzm—anT
ether-
othern,
5 4 5. claims for damages, other than to the Work
itself, because of injury to or destruction of tangible
property wherever located, including loss of use
resulting therefrom, and
5.4 6. claims for damages because of bodily injury or
death of any person or property damage arising out of
the ownership, maintenance or use of any motor
vehicle.
The policies of insurance so required by this paragraph 5 4
to be purchased and maintained shall:
5 4 7 with respect to insurance required by
paragraphs 5 4 3 through 5 4.6 inclusive and 5 4 9,
include as additional insureds (subject to any
customary exclusion in respect of professional
liability), OWNER, ENGINEER, ENGINEER's
Consultants and any other persons or entities identified
in the Supplementary Conditions, all of whom shall be
listed as additional insureds, and include coverage for
the respective officers and employees of all such
additional insureds;
5.4.8. include the specific coverages and be written
for not less than the limits of liability provided in the
Supplementary Conditions or required by Laws or
Regulations, whichever is greater;
5 4.9. include completed operations insurance;
5 4.10 include contractual liability insurance
covering CONTRACTOR's indemnity obligations
under paragraphs 6.12, 6.16 and 6.31 through 6 33,
5 4.11. contain a provision or endorsement that the
coverage afforded will not be cancelled, materially
changed or renewal refused until at least thirty days'
prior written notice has been given to OWNER and
CONTRACTOR and to each other additional insured
identified in the Supplementary Conditions to whom
a certificate of insurance has been issued (and the
certificates of insurance furnished by the
CONTRACTOR pursuant to paragraph 5.32 will so
piovide),
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)
OWNE-R's Liability Insurance:
55. 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:
Conditions, OWNER shall purchase and fnah4ai
prepeP: , i ,e......e. n the Wert: et the site in th
esyYV oece�v a.e-axxxvern
of the fill!-eplaeement east th Fe..f /.... L. e,.« «.. ,.1.
-r• __..._... ... ...�.
dediietible afneunts as may b_ a :a�a L
•••o -i—d by Laws an
e. Regu4 ttiens) This i..sur-shills
34 1. include the interests
e€ 03X? €M
Q3NTRAGTC1;!t, Sebeentfaeters,
,
EFdGPIEEPy
�I�
eptitie identified the Supplementary
r��
ea,.h of .. Mie ...... deemed te
have hl
afl.1 shall he listed � an insur-ed
ef aa' l
3„4j
2. be ..-.tlen
n a
Builder._ nisi
"allFisk"
epen
Yer:: er
`peeial __uses
of less
peliey fefm
t a
shall
'1t least
ifielude
ve l
h 1
�
1
ess er
damage
to the
3XI -1. «..
.. h 'l.i
fal
1
and
WeFk in...t
_,l
..hall 4nsufe
leastagainst at
4H,,fellewingPerils
fire, lightning,
eilfended
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
...the#
_d ..1:,.:eus
eeverage, vandalism
sehier
he
water damage, and
eh other penis as may
b
bH4 no
limited to fees and eh..rges of efigmeers nd-
• . 1. 1 • •_ Y
• r
_
1.
I
M
•_ I, 1_•
59 OWNER shall not be responsible for purchasing
and maintaining any property insurance to protect the
interests of CONTRACTOR, Subcontractors or others in
r the... , fishes pfe efty insuranee
eever b
h h limits er s .eh ..t, ash may
1 •_ . •
. .. . . . . .. . . .
•. ••
• r'
EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
10 W/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
• • r • r - -
_ F _ - • .. I
_.
.. _.. _
. _.... _.
• 6.L M.
1
b
any less, damage
a eensequefAial less Fef Fred to im this
paragmph
le....
n the e ent
of p e..t of ,. .eh damage or
less the h....e ., Eggs of
eensequential
insurers will
I�
I
A
N.
0
0
41
0
CAI
0
0
1,
0
0
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 and, if
iatere 03494ER as fiduei r-y stall give nil cer the
Acceptance of Bonds and Insurance; Option to Replace:
5 14 If eFther aFty (03A9 E er A CONTD CTOR)
Y �
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 ether --party
CONTRACTOR in accordance with Article 5 on the basis
of non-conformance with the Contract Documents, the
OWNER will
notify CONTRACTOR in writing within ten fifteen days
after feeeipt delivery of the certificates (or e
requested) to OWNER as required by paragraph 2.7.
03AI?T; 'D and C-G91IT-F.6.GTOR shall .,aek prey d teL
provided as the other- may reaseftably Fequest. If eishcr
pail), does net 1,ase i a.,... all f the Bends ,J
r._--� �....ac-p6rcxr¢¢�ai xxx8i.aw..nr v.xx or rncwxxvr¢rvv
anee—required—e€ sueh—gaFty by the Een#act
the required eeverege Witheut prejudiee to any ether„b,t
Bead er insur-anee te fleet s eh ether afty'
the e pe se e f he paw :.ham - fed to e d
eevefete,and » Change ^.dc, shall be issued to aEbust tl
Parhal 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
Supenlision 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
constriction, but CONTRACTOR shall not be responsible
for the negligence of others in the design or specification
of a specific means, method, technique, sequence or
procedure of construction which is shown or indicated in
and expressly required by the Contract Documents
CONTRACTOR shall be responsible to see that the
completed Work complies accurately with the Contract
Documents
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
extraoidinary circumstances. The superintendent will be
CONTRACTORSs representative at the site and shall have
authority to act on behalf of CONTRACTOR All
communications to the superintendent shall be as binding
as if given to CONTRACTOR
Labor, Materials and Equipment:
63. CONTRACTOR shall provide competent,
suitably qualified personnel to survey, lay out and
constrict 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
eerfoinied on Saturday, Sunday, Holidays or outside the
Regular Working Hours.
EJCDC GENERAL CONDITIONS 1910-811990 Edition) 11
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w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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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 comply with the City's purchasing restrictions A
copy of the resolutions are available for review in the
offices of the Purchasing and Risk Management
Division or the City Clerk's office
6.4.2. Cement Restrictions: City of Fort Collins
Resolution 91-121 requires that suppliers and producers
of cement or products containing cement to certify that
the cement was not made in cement kilns that burn
hazardous waste as a fuel.
65 All materials and equipment shall be of good
quality and new, except as otherwise provided in the
Contract Documents. All warranties and guarantees
specifically called for by the Specifications shall expressly
run to the benefit of OWNER. If required by ENGINEER,
CONTRACTOR shall furnish satisfactory evidence
(including reports of required tests) as to the kind and
quality of materials and equipment. All materials and
equipment shall be applied, installed, connected, erected,
used, cleaned and conditioned in accordance with
instructions of the applicable Supplier, except as otherwise
provided in the Contract Documents.
Progress Schedule.
66 CONTRACTOR shall adhere to the progress
schedule established in accordance with paragraph 2.9 as it
may be adjusted from time to time as provided below:
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 V2000)
contains or is followed by words reading that no like,
equivalent or "or -equal" item or no substitution is
permitted, other items of matenal or equipment or
material or equipment of other Suppliers may be
accepted by ENGINEER under the following
circumstances:
6.7 1.1. "Or -Equal": If in ENGINEER's sole
discretion an item of material or equipment
proposed by CONTRACTOR is functionally
equal to that named and sufficiently similar so that
^
no change in related Work will be required, it may
be considered by ENGINEER as an "or -equal"
_
item, in which case review and approval of the
proposed item may, in ENGINEER's sole
—
discretion, be accomplished without compliance
with some or all of the requirements for
J
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
u
an "or -equal" item under subparagraph 6.7 1.1, it
will be considered a proposed substitute item.
CONTRACTOR shall submit sufficient
information as provided below to allow
ENGINEER to determine that the item of material
or equipment proposed is essentially equivalent to
that named and an acceptable substitute therefor.
The procedure for review by the ENGINEER will
include the following as supplemented in the
General Requirements and as ENGINEER may
decide is appropriate under the circumstances.
Requests for review of proposed substitute items
of material or equipment will not be accepted by
ENGINEER from anyone other than
^
CONTRACTOR If CONTRACTOR wishes to
famish or use a substitute item of material or
equipment, CONTRACTOR shall first make
written application to ENGINEER for acceptance
rl
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
J
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
-I
direct contract with OWNER for work on the
U
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
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by the resulting change, all of which will be
considered by ENGINEER in evaluating the
proposed substitute ENGINEER may require
CONTRACTOR to furnish additional data about
the proposed substitute.
6.7.1 3 CONTRACTOR's Expense. All data to be
provided by CONTRACTOR in support of any
proposed "or -equal" or substitute item will be at
CONTRACTOR' expense
6 7.2. Substitute Construction Methods or
Procedures If a specific means, method, technique,
sequence or procedure of construction is shown or
indicated in and expressly required by the Contract
Documents, CONTRACTOR may furnish or utilize a
substitute means, method, technique, sequence or
procedure of construction acceptable to ENGINEER
CONTRACTOR shall submit sufficient information to
allow ENGINEER, in ENGINEER's sole discretion, to
determine that the substitute proposed is equivalent to
that expressly called for by the Contract Documents.
The procedure for review by ENGINEER will be
similar to that provided in subparagraph 6 7 1.2.
6.7.3. Engineer's Evaluation ENGINEER will be
allowed a reasonable time within which to evaluate
each proposal or submittal made pursuant to
paragraphs 6.7.1.2 and 6 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 CONTRACTOR's
expense a special performance guarantee or other
surety with respect to any "or -equal" or substitute.
ENGINEER will record time required by
ENGINEER and ENGINEER's Consultants in
evaluating substitutes proposed or submitted by
CONTRACTOR pursuant to paragraphs 6.7.1 2 and
6.7 2 and in making changes in the Contract
Documents (or in the provisions of any other direct
contract with OWNER for work on the Project)
occasioned thereby. Whether or not ENGINEER
accepts a substitute item so proposed or submitted by
CONTRACTOR, CONTRACTOR shall reimburse
OWNER for the charges of ENGINEER and
ENGINEER's Consultants for evaluating each such
proposed substitute item
68. Concerning Subcontractors, Suppliers and
Others:
6.81. 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 Derform 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 Dercent of the Contract
Price.
6 8 2. if the Supplementary r, nditien Biddin
_Documents require the identity of certain
Subcontractors, Suppliers or other persons or
of ganizations (including those who are to furnish the
pimcipal items of materials or equipment) to be
submitted to OWNER
dine prior to the Effective Date of the Agreement for
acceptance by OWNER and ENGINEER,—af,"
aveerelanee ...A, the Supplementary mend,.,,.
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€
b
aiea
in which ease CONTRACTOR CTO shall submit .,
se
will be ,seed of WnAe_ Amendment ..:...,.a will
constitute a condition of the Contract requiring the
use of the named subcontractors, suppliers or other
persons or organization on the Work unless prior
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 CONTRACTOR's own acts and
omissions. Nothing in the Contract Documents shall
crizte 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
fuiish to any subcontractor, supplier or other person
or organization evidence of amounts paid to
CONTRACTOR in accordance with
CONTRACTOR'S "Avolications for Payment".
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
13
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. W".....&ver any _....,...._eein nt
the Werk if themsiirer-s any,.h ..Heise Fequire
Supplier, GONT-1;6kGTOR will obtain the safne
Patent Fees and Royalties:
612 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 ansing 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
FJCDC 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:
614 1 CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to
furnishing and performance of the Work. Except
where otherwise expressly required by applicable
Laws and Regulations, neither OWNER nor
ENGINEER shall be responsible for monitoring
CONTRACTOR's compliance with any Laws or
Regulations.
614.2 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,
ansing 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 proiect. Said taxes
shall not be included in the Contract Price.
Address
Colorado Department of Revenue
State Capital Annex
P
"
e 1375 Sherman Street
Denver, Colorado, 80261
Sales and Use Taxes for the State of Colorado,
Regional Transportation District (RTD) and certain
Colorado counties are collected by the State of
Colorado and are included in the Certification of
Exemption.
All applicable Sales and Use Taxes (including State
collected taxes), on any items other than construction
and building materials physically incorporated into the
protect are to be paid by CONTRACTOR and are to
be included in appropriate bid items
I �I
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Use of Premises:
616. CONTRACTOR shall confine construction
equipment, the storage of materials and equipment and the
operations of workers to the site and land and areas
identified in and permitted by the Contract Documents and
other land and areas permitted by Laws and Regulations,
rights -of -way, permits and easements, and shall not
unreasonably encumber the premises with construction
equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any
damage to any such land or area, or to the owner or
occupant thereof or of any adjacent land or areas, resulting
from the performance of the Work Should any claim be
made by any such owner or occupant because of the
performance of the Work, CONTRACTOR shall promptly
settle with such other party by negotiation or otherwise
resolve the claim by arbitration or other dispute resolution
proceeding or at law CONTRACTOR shall, to the fullest
extent permitted by Laws and Regulations, indemnify and
hold harmless OWNER, ENGINEER, ENGINEER's
Consultant and anyone directly or indirectly employed by
any of them from and against all claims, costs, losses and
damages arising out of or resulting from any claim or
action, legal or equitable, brought by any such owner or
occupant against OWNER, ENGINEER or any other parry
indemnified hereunder to the extent caused by or based
upon CONTRACTOR's performance of the Work
617 During the progress of the Work, CONTRACTOR
shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the
Work. At the completion of the Work CONTRACTOR
shall remove all waste materials, rubbish and debris from
and about the premises as well as all tools, appliances,
construction equipment and machinery and surplus
materials CONTRACTOR shall leave the site clean and
ready for occupancy by OWNER at Substantial
Completion of the Work CONTRACTOR shall restore to
original condition all property not designated for alteration
by the Contract Documents
6.18 CONTRACTOR shall not load nor permit any part
of any structure to be loaded in any manner that will
endanger the structure, nor shall CONTRACTOR subject
any part of the Work or adjacent property to stresses or
pressures that will endanger it.
Record Documents.
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
cooper ate 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:
622 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 1910-8 (1990 Edition)
16 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
purposes required by paragraph 626 The numbers
of each Sample to be submitted will be as specified in
the Specifications.
6.25. Submittal Procedures:
6.25.1. Before submitting each Shop Drawing or
Sample, CONTRACTOR shall have determined and
verified
6.25.1.1 all field measurements, quantities,
dimensions, specified performance criteria,
installation requirements, materials, catalog
numbers and similar information with respect
thereto,
6.25 1.2 all materials with respect to intended
use, fabrication, shipping, handling, storage,
assembly and installation pertaining to the
performance of the Work, and
6.2513 all information relative to
CONTRACTOR's sole responsibilities in respect
of means, methods, techniques, sequences and
procedures of construction and safety precautions
and programs incident thereto.
CONTRACTOR shall also have reviewed and
coordinated each Shop Drawing or Sample with other
Shop Drawings and Samples and with the
requirements of the Work and the Contract
Documents
6 25.2. Each submittal will bear a stamp or specific
written indication that CONTRACTOR has satisfied
CONTRACTOR's obligations under the Contract
Documents with respect to CONTRACTOR's review
and approval of that submittal.
6.25.3. At the time of each submission,
CONTRACTOR shall give ENGINEER specific
written notice of such variations, if any, that the Shop
Drawing or Sample submitted may have from the
requirements of the Contract Documents, such notice
to be in a written communication separate from the
submittal, and, in addition, shall cause a specific
notation to be made on each Shop Drawing and
Sample submitted to ENGINEER for review and
approval of each such variation
6.26. ENGINEER will review and approve Shop
Drawings and Samples in accordance with the schedule of
Shop Drawings and Sample submittals accepted by
ENGINEER as required by paragraph 2.9. ENGINEER's
review and approval will be only to determine if the items
covered by the submittals will, after installation or
incorporation in the Work, conform to the information
given in the Contract Documents and be compatible with
the design concept of the completed Project as a
functioning whole as indicated by the Contract
Documents. ENGINEER's review and approval will not
extend to means, methods, techniques, sequences or
procedures of construction (except where a particular
means, method, technique, sequence or procedure of
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construction is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs
incident thereto The review and approval of a separate
item as such will not indicate approval of the assembly in
which the item functions CONTRACTOR shall make
corrections required by ENGINEER, and shall return the
required number of corrected copies of Shop Drawings and
submit as required new Samples for review and approval
CONTRACTOR shall direct specific attention in writing to
revisions other than the corrections called for by
ENGINEER on previous submittals.
6 27 ENGINEER's review and approval of Shop
Drawings or Samples shall not relieve CONTRACTOR
from responsibility for any variation from the requirements
of the Contract Documents unless CONTRACTOR has in
writing called ENGINEER's attention to each such
variation at the time of submission as required by
paragraph 6 25 3 and ENGINEER has given written
approval of each such variation by a specific written
notation thereof incorporated in or accompanying the Shop
Drawing or Sample approval, nor will any approval by
ENGINEER relieve CONTRACTOR from responsibility
for complying with the requirements of paragraph 6.25.1.
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
excludes defects or damage caused by•
6 30.1.1 abuse, modification or improper
maintenance or operation by persons other than
CONTRACTOR, Subcontractors or Suppliers; or
6 30.1.2 normal wear and tear under normal
usage.
6 30 2. CONTRACTOR's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following
will constitute an acceptance of Work that is not in
accordance with the Contract Documents or a release
of CONTRACTOR's obligation to perform the Work
in accordance with the Contract Documents:
6 30.2.1. observations by ENGINEER;
6 30.2.2 recommendation of any progress or
final payment by ENGINEER,
6 30 2.3 the issuance of a certificate of
Substantial Completion or any payment by
OWNER to CONTRACTOR under the Contract
Documents,
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 a
notice of acceptability by ENGINEER pursuant
to paragraph 14.13,
6.30.2.7 any inspection, test or approval by
others, or
630.2.8. any correction of defective Work by
OWNER.
Indemnification:
6.31. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's
Consultants and the officers, directors, employees, agents
and other consultants of each and any of them from and
against all claims, costs, losses and damages (including,
but not limited to, all fees and charges of engineers,
architects, attorneys and other professionals and all court
or arbitration or other dispute resolution costs) caused by,
arising; out of or resulting from the performance of the
Work provided that any such claim, cost, loss or damage
(i) is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of tangible property
(other than the Work itself), including the loss of use
resulting therefrom, and (n) is caused in whole or in part
by any negligent act or omission of CONTRACTOR, any
Subcontractor, any Supplier, any person or organization
directly or indirectly employed by any of them to perform
or furnish any of the Work or anyone for whose acts any
of them may be liable, regardless of whether or not caused
in pail 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
632. In any and all claims against OWNER or
ENGINEER or any of their respective consultants, agents,
officers, directors or employees by any employee (or the
survivor or personal representative of such employee) of
CONTRACTOR, any Subcontractor, any Supplier, any
person or organization directly or indirectly employed by
EiCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 17
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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
®j
and state of incorporation shall
be shown below the
corporate name.
11.4. Bids
by partnerships must
be executed in the partnership name and
signed by a partner, his title must appear under his signature and the
official address of the partnership must be shown below the signature.
11.5. Bids by joint venture shall be signed by each participant in the
joint venture or by an authorized agent of each participant. The full name
of each person or company interested in the Bid shall be listed on the Bid
Form.
11.6. The Bid shall contain an acknowledgement of receipt of all Addenda
(the numbers of which must be filled in on the Bid Form).
11.7. No alterations in Bids, or in the printed forms therefore, by
erasures, interpolations, or otherwise will be acceptable unless each such
alteration is signed or initialed by the Bidder; if initialed, OWNER may
require the Bidder to identify any alteration so initialed.
11.8. The address and telephone number for communications regarding the
Bid shall be shown.
12.0 BID PRICING.
Bids must be priced as set forth in the Bid Schedule or Schedules.
13.0 SUBMISSION OF BIDS.
13.1. Bids shall be submitted at the time and place indicated in the
Invitation to Bid and shall be enclosed in an opaque sealed envelope marked
with the Project title, Bid No., and name and address of the Bidder and
accompanied by the Bid Security, Bid Form, Bid Bond, Statement of Bidders
1 7/96
Section 00100 Page 5
C
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:
7 1 OWNER may perform other work related to the
Project at the site by OWNER's own forces, or let other
direct contracts therefor which shall contain General
Conditions similar to these, or have other work performed
by utility owners. If the fact that such other work is to be
performed was not noted in the Contract Documents, then
(i) written notice thereof will be given to CONTRACTOR
prior to starting any such other work and
(u) 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.
72. CONTRACTOR shall afford each other contractor
who is a party to such a direct contract and each utility
owner (and OWNER, if OWNER is performing the
additional work with OWNER's employees) proper and
safe access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and
the execution of such other work and shall properly connect
and coordinate the Work with theirs Unless otherwise
provided in the Contract Documents, CONTRACTOR
shall do all cutting, fitting and patching of the Work that
may be required to make its several parts come together
properly and integrate with such other work.
CONTRACTOR shall not endanger any work of others by
cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of
ENGINEER and the others whose work will be affected
The duties and responsibilities of CONTRACTOR under
this paragraph are for the benefit of such utility owners and
other contractors to the extent that there are comparable
EJCDC GENERAL CONDITIONS 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:
7 4 1 the person, firm or corporation who will have
authority and responsibility for coordination of the
activities among the various prime contractors will be
identified;
742 the specific matters to be covered by such
authority and responsibility will be itemized; and
743. the extent of such authority and
responsibilities will be provided
Unless otherwise provided in the Supplementary
Conditions, OWNER shall have sole authority and
responsibility in respect of such coordination.
ARTICLE 8—OWNER'S RESPONSIBILITIES —'
8.1. Except as otherwise provided in these General
Conditions, OWNER shall issue all communications to
CONTRACTOR through ENGINEER.
8.2. In case of termination of the employment of
ENGINEER, OWNER shall appoint an engineer agai�ist
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 OWNER's identifying
and making available to CONTRACTOR copies of
reports of explorations and tests of subsurface conditions
at the site and drawings of physical conditions in existing
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structures at or contiguous to the site that have been utilized
by ENGINEER in preparing the Contract Documents.
85. OIIINERA responsibilities envoi p �b
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and- m1aintaining liability and pfopeFty insufanee are se
86. OWNER is obligated to execute Change Orders as
indicated in paragraph 10 4
87 OWNER's responsibility in respect of certain
inspections, tests and 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
8.9. 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 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
---------------
ARTICLE 9—ENGINEER'S STATUS DURING
CONSTRUCTION
OWNER's Representative:
9.1. ENGINEER will be OWNER's representative
during the construction period The duties and
responsibilities and the limitations of authority of
ENGINEER as OWNER's representative during
construction are set forth in the Contract Documents and
shall not be extended without written consent of OWNER
and ENGINEER
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
determine, in general, if the Work is proceeding in
accordance with the Contract Documents. ENGINEER
will not be required to make exhaustive or continuous on -
site inspections to check the quality or quantity of the
Work. ENGINEER's efforts will be directed toward
providing for OWNER a greater degree of confidence that
the completed Work will conform generally to the
Contract Documents. On the basis of such visits and on -
site 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 ENGINEER agree, ENGINEER
will furnish a Resident Project Representative to assist
ENGINEER in providing more continuous observation of
the Work. The responsibilities and authority and
limitations thereon of any such Resident Project
Representative and assistants will be as provided in
paragraphs 9 3 and 9 13 and tit the Supplefnefttai�lx
Eenditiens 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 Supple...e.,". Conditions paragraph 9.3
93 1 The Representative's dealings in matters
pertaining to the on -site work will, in general, be with
the ENGINEER and CONTRACTOR But the
Representative will keep the OWNER properly
advised about such matters. The Representative's
dimlings with subcontractors will only be through or
with the full knowledge and aooroval of the
CONTRACTOR.
93.2 Duties and Responsibilities. Representative
will
9.3 2.1. Schedules Review the progress
EJCDC GENERAL CONDITIONS 19IM (1990 Edition) 19
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
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 lob conferences and prepare and
circulate copies of minutes of meetings.
9.3.2 3. Liaison
93.2.3.1 Serve as ENGINEER'S liaison
with CONTRACTOR, working principally
through CONTRACTOR'S superintendent to
assist the CONTRACTOR in understanding
the Contract Documents
9 3 2.3.2. Assist in obtaining from OWNER
additional details or information, when
required, for proper execution of the Work.
9 3 2 3 3. Advise the ENGINEER and
CONTRACTOR of the commencement of
any Work requiring a Shop Drawing or
sample submission if the submission has not
been approved by the ENGINEER
9 3 2.4 Review of Work, Reiection of Defective
Work. Inspections and Tests -
93.241 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 3 Accompany visiting inspectors
representing public or other agencies having
iunsdiction over the Protect, record the results
of these inspections and report to the
ENGINEER.
93.2.5. Interpretation of Contract
Documents Report to ENGINEER when
clarifications and interpretations of the Contract
Documents are needed and transmit to
CONTRACTOR clarification and interpretation
of the Contract Documents as issued by the
ENGINEER
9.3.2 6 Modifications Consider and
evaluate CONTRACTOR'S suggestions for
EiCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
20 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
modification in Drawings or Specifications and
resort these recommendations to ENGINEER.
Accurately transmit to CONTRACTOR
decisions issued by the ENGINEER.
9 3.2.7 Records
9.3271 Maintain at the Representative's
documents
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.
9.328.1. 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
9.3.2.82 Consult with ENGINEER in
advance of scheduling major tests,
inspections or start of important phases of the
Work
9 3 2 8 3 Draft proposed Change Orders
and Work Directive Changes, obtaining
backup material from the CONTRACTOR
and recommend to ENGINEER Change
Orders. Work Directive Changes and field
orders
9 3.2.8 4 Report immediately to
ENGINEER and OWNER the occurrence of
any accident.
9 3.2 9 Payment Requests. Review applications
for payment with CONTRACTOR for comphance
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 mcomorated in the
Work
9 3.2 10. Completion
Q 9.3 2.10 1 Before ENGINEER issues a
Certificate of Substantial Completion, submit
to CONTRACTOR a list of observed items
requiring correction or completion.
9.3.2.102 Conduct final inspection in the
company of the ENGINEER. OWNER and
CONTRACTOR and prepare a final list of
items to be corrected or completed
9.3.2.103 Observe that all items on the
final list have been corrected or completed and
make recommendations to ENGINEER
conceming acceptance
9.3.3 Limitation of Authoritv The Representative shall
not
93.3 1 Authorize any deviations from the
Contract Documents or accept any substitute
materials or equipment, unless authorized by the
ENGINEER.
933.2 Exceed limitations of ENGINEER'S
authority as set forth in the Contract Documents
93 3 3 Undertake any of the responsibilities
of the CONTRACTOR. Subcontractors, or
CONTRACTOR'S superintendent
9.334 Advise on, or issue directions relative
to, or assume control over any aspect of the
means, methods, techniques. sequences or
procedures for construction unless such is
specifically called for in the Contract Documents
9 3.3.5 Advise on or issue directions
regarding or assume control over safety
precautions and programs in connections with the
Work.
9.336. Accept Shop Drawings or sample
submittals from anyone other than the
CONTRACTOR.
9 3.3 7. Authorize OWNER to occupy the
Work in whole or in part.
9.3.3 8 Participate in specialized field or
laboratory tests or inspections conducted by others
except as specifically authorized by the
ENGINEER
R
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 COLLINS MODIFICATIONS (REV 42000)
requirements of the Contract Documents (in the form of
Drawings or otherwise) as ENGINEER may determine
necessary, which shall be consistent with the intent of and
reasonably inferable from the Contract Documents. Such
written clarifications and interpretations will be binding on
OWNER and CONTRACTOR. If OWNER or
CONTRACTOR believes that a written clarification or
interpretation justifies an adjustment in the Contract Price
or the Contract Times and the parties are unable to agree
to the amount or extent thereof, if any, OWNER or
CONTRACTOR may make a written claim therefor as
provided in Article 11 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 Orderjustifies an adjustment in the Contract Price or
the Contract Times and the parties are unable to agree as
to the amount or extent thereof, OWNER or
CONTRACTOR may make a written claim therefor as
provided in Article 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.
9.7 In connection with ENGINEER's authority as to
Shop Drawings and Samples, see paragraphs 6.24 through
6 28 inclusive.
9.8. In connection with ENGINEER's authority as to
Change Orders, see Articles 10, 11, and 12.
99 In connection with ENGINEER's authority as to
Applications for Payment, see Article 14
Determinations for Unit Prices:
9 10 ENGINEER will determine the actual quantities
and classifications of Unit Price Work performed by
CONTRACTOR ENGINEER will review with
CONTRACTOR the ENGINEEWs preliminary
determinations on such matters before rendering a written
decision thereon (by recommendation of an Application
21
for Payment or otherwise). ENGINEER's written decision
thereon will be final and binding upon OWNER and
CONTRACTOR, unless, within ten days after the date of
any such decision, either OWNER or CONTRACTOR
delivers to the other and to ENGINEER written notice of
intention to appeal from ENGINEER's decision and. (i) an
appeal trnm 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 formal proceeding is instituted by
the appealing party in a forum of competent jurisdiction to
exercise such rights or remedies as the appealing party may
have with respect to ENGINEER's decision, unless
otherwise agreed in writing by OWNER and
CONTRACTOR. Such appeal will not be subject to the
procedures of paragraph 911
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 parry'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
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 with any interpretation or decision
rendered in good faith in such capacity The rendering of
a decision by ENGINEER pursuant to paragraphs 9.10 or
9 11 with respect to any such claim, dispute or other
matter (except any which have been waived by the making
or acceptance of final payment as provided in
paragraph 14 15) will be a condition precedent to any
exercise by OWNER or CONTRACTOR of such rights or
remedies as either may otherwise have under the Contract
Documents or by Laws or Regulations in respect of any
such claim, dispute or other matter
9.13. Limitations on ENGINEER's Authority and
Responsibilities:
913.1. Neither ENGINEER's authority or
responsibility under this Article 9 or under any other
provision of the Contract Documents nor any decision
made by ENGINEER in good faith either to exercise
or not exercise such authority or responsibility or the
undertaking, exercise or performance of any authority
or responsibility by ENGINEER shall create, impose
or give rise to any duty owed by ENGINEER to
CONTRACTOR, any Subcontractor, any Supplier,
any other person or organization, or to any surety for
or employee or agent of any of them.
913.2. ENGINEER will not supervise, direct,
control or have authority over or be responsible for
CONTRACTOR's means, methods, techniques,
sequences or procedures of construction, or the safety
precautions and programs incident thereto, or for any
failure of CONTRACTOR to comply with Laws and
Regulations applicable to the furnishing or
performance of the Work ENGINEER will not be
responsible for CONTRACTOR's failure to perform
or furnish the Work in accordance with the Contract
Documents.
9.13 3 ENGINEER will not be responsible for the
acts or omissions of CONTRACTOR or of any
Subcontractor, any Supplier, or of any other person or
organization performing or furnishing any of the
Work.
9 13.4. ENGINEER's review of the final Application
for Payment and accompanying documentation and
all maintenance and operating instructions, schedules,
guarantees, Bonds and certificates of inspection, tests
and approvals and other documentation required to be
delivered by paragraph 14.12 will only be to
determine generally that their content complies with
the requirements of, and in the case of certificates of
inspections, tests and approvals that the results
certified indicate compliance with, the Contract
Documents
913.5 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, OWNER may, at any time or from
time to time, order additions, deletions or revisions in the
Work Such additions, deletions or revisions will be
authonzed by a Written Amendment, a Change Order, or a
Work Change Directive. Upon receipt of any such
document, CONTRACTOR shall promptly proceed with
the Work involved which will be performed under the
applicable conditions of the Contract Documents (except as
otherwise specifically provided)
10 2. If OWNER and CONTRACTOR are unable to
agree as to the extent, if any, of an adjustment in the
Contract Price or an adjustment of the Contract Times that
should be allowed as a result of a Work Change Directive,
a claim may be made therefor as provided in Article 11 or
Article 12.
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
appropnate Change Orders recommended by ENGINEER
(or Written Amendments) covering:
10.41 changes in the Work which are (i) ordered
by OWNER pursuant to paragraph 10.1, (ii) required
because of acceptance of defective Work under
paragraph 13.13 or correcting defective Work under
paragraph 13.14, or (iii) agreed to by the parties;
10.42 changes in the Contract Pnce or Contract
Times which are agreed to by the parties, and
104.3 changes in the Contract Price or Contract
Times which embody the substance of any written
decision rendered by ENGINEER pursuant to
paragraph 9 11,
provided that, in lieu of executing any such Change Order,
an appeal may be taken from any such decision in
accordance with the provisions of the Contract Documents
and applicable Laws and Regulations, but during any such
appeal, CONTRACTOR shall carry on the Work and
adhere to the progress schedule as provided in
paragraph 6 29
10 5. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
(including, but not limited to, Contract Pnce or Contract
Times) is required by the provisions of any Bond to be
given to a surety, the giving of any such notice will be
CONTRACTOR's responsibility, and the amount of each
applicable Bond will be adjusted accordingly.
ARTICLE 11—CHANGE OF CONTRACT PRICE
111 The Contract Price constitutes the total
compensation (subject to authorized adjustments) payable
to CONTRACTOR for performing the Work All duties,
responsibilities and obligations assigned to or undertaken
by CONTRACTOR shall be at CONTRACTOR's expense
without change in the Contract Price.
11.2 The Contract Price may only be changed by a
Change Order or by a Written Amendment Any claim
for an adjustment in the Contract Price shall be based on
written notice delivered by the party making the claim to
the other party and to ENGINEER promptly (but in no
event later than thirty days) after the start of the
occurrence or event giving nse to the claim and stating the
general nature of the claim Notice of the amount of the
claim with supporting data shall be delivered within sixty
days after the start of such occurrence or event (unless
ENGINEER allows additional time for claimant to submit
additional or more accurate data in support of the claim)
and shall be accompanied by claimant's wntten statement
that she 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 112
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:
113.1 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
g E1CDC GENERAL CONDITIONS 1910-8 (1990 Edwm) 23
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
paragraphs 11,9.1 through 119 3, inclusive),
11.3.2. where the Work involved is not covered by
unit prices contained in the Contract Documents, by a
mutually agreed payment basis, including lump sum
(which may include an allowance for overhead and
profit not necessarily in accordance with
paragraph 11 6.2),
11.3.3. where the Work involved is not covered by unit
prices contained in the Contract Documents and
agreement to a lump sum is not reached under
paragraph 11 3.2, on the basis of the Cost of the Work
(determined as provided in paragraphs 114 and 11 5)
plus a CONTRACTOR's fee for overhead and profit
(determined as provided in paragraph 11.6)
Cost of the Work:
11.4. The term Cost of the Work means the sum of all
costs necessarily incurred and paid by CONTRACTOR in
the proper performance of the Work. Except as otherwise
may be agreed to in writing by OWNER, such costs shall
be in amounts no higher than those prevailing in the
locality of the Project, shall include only the following
items and shall not include any of the costs itemized in
paragraph 11.5
114.1 Payroll costs for employees in the direct
employ of CONTRACTOR in the performance of the
Work under schedules of job classifications agreed
upon by OWNER and CONTRACTOR Such
employees shall include without limitation
superintendents, foremen and other personnel
employed full-time at the site Payroll costs for
employees not employed full-time on the Work shall
be apportioned on the basis of their time spent on the
Work Payroll costs shall inelude, but eet 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 retiremen benefits benuses-,
leave,e ion and holiday pay 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,
ETCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
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
Cost of the Work and fee as provided in
paragraphs 114, 11.5, 11.6 and 11.7. All
subcontracts shall be subject to the other provisions of
the Contract Documents insofar as applicable
114.4 Costs of special consultants (including but
not limited to engineers, architects, testing
laboratories, surveyors, attorneys and accountants)
employed for services specifically related to the
Work
1145 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.
114.52 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.
1145.3 Rentals of all construction
equipment and machinery and the parts thereof
whether rented from CONTRACTOR or others in
accordance with rental agreements approved by
OWNER with the advice of ENGINEER, and the
costs of transportation, loading, unloading,
installation, dismantling and removal thereof —all
in accordance with terms of said rental
agreements. The rental of any such equipment,
machinery or parts shall cease when the use
thereof is no longer necessary for the Work.
1145.4 Sales, consumer, use or similar taxes
related to the Work, and for which
CONTRACTOR is liable, imposed by Laws and
Regulations.
114.5.5 Deposits lost for causes other than
negligence of CONTRACTOR, any
Subcontractor or anyone directly or indirectly
employed by any of them or for whose acts any
of them may be liable, and royalty payments and
fees for permits and licenses.
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
performance and furnishing of the Work (except
11.5 5 Costs due: to the negligence of
losses and damages�within the deductible amounts
CONTRACTOR, any Subcontractor, or anyone
of property insurance established by OWNER in
directly or indirectly employed by any of them or for
accordance with paragraph 5 9), provided they
whose acts any of them may be liable, including but
have resulted from causes other than the
not limited to, the correction of defective Work,
negligence of CONTRACTOR, any
disposal of materials or equipment wrongly supplied
Subcontractor, or anyone directly or indirectly
and making good any damage to property
employed by any of them or for whose acts any of
them may be liable. Such losses shall include
115.6. Other overhead or general expense costs of
settlements made with the written consent and
any kind and the costs of any item not specifically and
approval of OWNER No such losses, damages
expressly included in paragraph 114.
and expenses shall be included in the Cost of the
Work for the purpose of determining
116 The CONTRACTOR's fee allowed to
CONTRACTOR's fee If, however, any such loss
CONTRACTOR for overhead and profit shall be
or damage requires reconstruction and
determined as follows -
CONTRACTOR is placed in charge thereof;
CONTRACTOR shall be paid for services a fee
116 1. a mutually acceptable fixed fee, or
proportionate to that stated in paragraph 116.2
116.2. if a fixed fee is not agreed upon, then a fee
11.4 5.7. The cost of utilities, fuel and sanitary
based on the following percentages of the various
tfacilities
at the site
portions of the Cost of the Work:
1145.8 Minor expenses such as telegrams,
11 6.2 1 for costs incurred under
long distance telephone calls, telephone service at
paragraphs 114 1 and 11 4.2, the
the site, expressage and similar petty cash items in
CONTRACTORs fee shall be fifteen percent;
connection with the Work.
11622 for costs incurred under
11 4.5.9. Cost of premiums for additional Bonds
paragraph 11 4.3, the CONTRACTOR's fee shall
and insurance required because of changes in the
be five percent,
Work.
1162.3. where one or more tiers of
11.5. The term Cost of the Work shall not include any of
subcontracts are on the basis of Cost of the Work
the following
plus a fee and no fixed fee is agreed upon, the
intent of paragraphs 114 1, 11.4.2, 114.3 and
11.5 1. Payroll costs and other compensation of
116.2 is that the Subcontractor who actually
CONTRACTOR'S officers, executives, principals (of
performs or furnishes the Work, at whatever tier,
partnership and sole proprietorships), general managers,
will be paid a fete of fifteen percent of the costs
engineers, architects, estimators, attorneys, auditors,
incurred by such Subcontractor under paragraphs
accountants, purchasing and contracting agents,
114 1 and 11 4 2 and that any higher tier
expediters, timekeepers, 1 clerks and other personnel
Subcontractor and CONTRACTOR will each be
employed by CONTRACTOR whether at the site or in
paid a fee of ftw.
CONTRACTOR's principal or a branch office for
the next tie- Subeentmeter, to be neeotiated
general administration of the Work and not specifically
in good faith with the OWNER but not to exceed
included in the agreed upon schedule of job
five percent of the amount paid to the next lower
classifications referred to in paragraph 11.4.1 or
tier Subcontractor
specifically covered by paragraph 11.4 4—all of which
are to be considered administrative costs covered by the
11624. no fi,-e shall be payable on the basis
CONTRACTOR's fee.
of costs itemized under paragraphs 11 4.4, 114.5
and 11.5;
11.5.2 Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at
11.6 2.5. the amount of credit to be allowed
the site.
by CONTRACTOR to OWNER for any change
which results in a net decrease in cost will be the
115 3 Any part of CONTRACTOR's capital
amount of the actual net decrease in cost plus a
expenses, including interest on CONTRACTOR'S
deduction in CONTRACTOR's fee by an amount
capital employed for the Work and charges against
equal to five percent of such net decrease; and
CONTRACTOR for delinquent payments
11626 when both additions and credits are
11.5 4. Cost of premiums for all Bonds and for all
involved in any one change, the adjustment in
insurance whether or not,CONTRACTOR is required
CONTRACTOR's fee shall be computed on the
by the Contract Documents to purchase and maintain
basis of the net change in accordance with
the same (except for the cost of premiums covered by
paragraphs 116.2 1 through 116.2 5, inclusive
subparagraph 114 5.9 above).
117 Whenever the cost of any Work is to be
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edam)
w/ CrFY OF FORT COLLINS MODIFICATIONS (REV 42000)
25
determined pursuant to paragraphs 114 and 11.5,
CONTRACTOR will establish and maintain records
thereof in accordance with generally accepted accounting
practices and submit in form acceptable to ENGINEER an
itemized cost breakdown together with supporting data.
Cash Alowances:
11.8. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered
to be furnished and performed for such sums as may be
acceptable to OWNER and ENGINEER CONTRACTOR
agrees that
1181 the allowances include the cost to
CONTRACTOR (less any applicable trade discounts)
of materials and equipment required by the allowances
to be delivered at the site, and all applicable taxes; and
11.8 2. CONTRACTOR's costs for unloading and
handling on the site, labor, installation costs, overhead,
profit and other expenses contemplated for the
allowances have been included in the Contract Price
and not in the allowances and no demand for
additional payment on account of any of the foregoing
will be valid
Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered
by allowances, and the Contract Price shall be
correspondingly adjusted.
11.9. Unit Price Work:
11.9 1. Where the Contract Documents provide that all
or part of the Work is to be Unit Price Work, initially
the Contract Price will be deemed to include for all
Unit Price Work an amount equal to the sum of the
established unit prices for each separately identified
item of Unit Price Work times the estimated quantity
of each item as indicated in the Agreement The
estimated quantities of items of Unit Price Work are
not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract
Price Determinations of the actual quantities and
classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in
accordance with paragraph 9.10.
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
11.93 1 the quantity of any item of Unit Price
Work performed by CONTRACTOR differs
materially and significantly from the estimated
quantity of such item indicated in the Agreement,
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
26 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
and
11.9.3.2 there is no corresponding adjustment
r-
with respect to any other item of Work, and
1193.3. if CONTRACTOR believes that
CONTRACTOR is entitled to an increase in
—
Contract Price as a result of having incurred
additional expense or OWNER believes that
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.
J
11.9.3.4. CONTRACTOR acknowledges that
the OWNER has the right to add or delete items in
-�
the Bid or change quantities at OWNER'S sole
discretion without affecting the Contract Price of
any remamme item so long as the deletion or
addition does not exceed twenty-five aercent of
the original total Contract Price
J
ARTICLE 12—CHANGE OF CONTRACT TIMES
7
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121 The Contract Times (or Milestones) may only be 7
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 `J
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 Tunes (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.L _
12.2. All time limits stated in the Contract Documents
are of the essence of the Agreement.
u
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
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.
12.4 Where CONTRACTOR is prevented from
completing any part of the Work within the Contract Times
(or Milestones) due to delay beyond the control of both
OWNER and CONTRACTOR, an extension of the
Contract Times (or Milestones) in an amount equal to the
time lost due to such delay shall be CONTRACTOR's sole
and exclusive remedy for such delay In no event shall
OWNER be liable to CONTRACTOR, any Subcontractor,
any Supplier, any other person or organization, or to any
surety for or employee or agent of any of them, for
damages arising out of or resulting from (I) delays caused
by or within the control of the CONTRACTOR, or
(it) delays beyond the control of both parties including, but
not limited to, fires, floods, epidemics, abnormal weather
conditions, acts of God or acts or neglect by utility owners
or other contractors performing other work as contemplated
by Article 7.
ARTICLE 13—TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.1. Notice of Defects.
Prompt notice of all defective Work of which OWNER or
ENGINEER have actual knowledge will be given to
CONTRACTOR. All defective Work may be rejected,
corrected or accepted as provided in this Article 13
Access to Work:
13 2 OWNER, ENGINEER, ENGINEER's Consultants,
other representatives and personnel of OWNER,
independent testing laboratories and governmental agencies
with jurisdictional interests will have access to the Work at
�n� for their observation, inspecting and
testing CONTRACTOR shall provide them proper and
safe conditions for such access and advise them of
CONTRACTOR's site safety procedures and programs so
that they may comply therewith as applicable.
Tests and Inspections:
13.3. CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required inspections,
tests or approvals, and shall cooperate with inspection and
testing personnel to facilitate required inspections or tests.
13.4. OWNER shall employ and pay for the services of
an independent testing laboratory to perform all
inspections, tests, or approvals required by the Contract
Documents except:
1341 for inspections, tests or approvals covered
by paragraph 13.5 below,
134.2 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
135 If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereol) 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.
13.6. If any Work (or the work of others) that is to be
inspected, tested or approved is covered by
CONTRACTOR without written concurrence of
ENGINEER, it must, if requested by ENGINEER, be
uncovered for observation
13.7. Uncovering Work as provided in paragraph 13.6
shall be at CONTRACTOR's expense unless
CONTRACTOR has given ENGINEER timely notice of
CONTRACTOWs intention to cover the same and
ENGINEER has not acted with reasonable promptness in
response to such notice
Uncovering Work:
138. 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 Edition) 27
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
Qualifications, and Schedule of Subcontractors as required in Section
00430. If the Bid is sent through the mail or other delivery system, the
sealed envelope shall be enclosed in a separate envelope with the notation -
"BID ENCLOSED" on the face of it.
13.2. Bids shall be deposited at the designated location prior to the time ^'
and date for receipt of Bids indicated in the Invitation to Bid, or any
extension thereof made by addendum. Bids received after the time and date
for receipt of Bids will be returned unopened. Bidder shall assume full
responsibility for timely delivery at the location designated for receipt of Bids.
13.3. Oral, telephonic, telegraphic, or facsimile Bids are invalid and
will not receive consideration.
13.4. No Bidder may submit more than one Bid. Multiple Bids under 4�
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
u
Instructions to Bidders.
15.0 OPENINGS OF BIDS.
Bids will be opened and (unless obviously non -responsive) read aloud -
publicly as indicated in the Invitation to Bid. An abstract of the amounts
of the Base Bids and major alternates (if any) will be made available after
the opening of Bids.
16.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE.
--ti
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 J
return the Bid Security prior to that date.
7/96 Section 00100 Page 6
uncovering, exposure, observation, inspection, testing,
replacement and reconstruction, and, if the parties are
unable to agree as to the amount or extent thereof,
CONTRACTOR may make a claim therefor as provided in
Articles 11 and 12.
OWNER May Stop the Work:
13.10. If the Work is defective, or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment, or fails to 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 eae yeas 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 year
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 fails within a reasonable time
after written notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as required
by ENGINEER in accordance with paragraph 13.11, or if
CONTRACTOR fails to perform the Work in accordance
with the Contract Documents, or if CONTRACTOR fails
to comply with any other provision of the Contract
Documents, OWNER may, after seven days' written
notice to CONTRACTOR, correct and remedy any such
deficiency In exercising the rights and remedies under
this paragraph OWNER shall proceed expeditiously. In
connection with such corrective and remedial action,
OWNER may exclude CONTRACTOR from all or part of
the site, take possession of all or part of the Work, and
suspend CONTRACTOR's services related thereto, take
possession of CONTRACTOR's tools, appliances,
construction equipment and machinery at the site and
incorporate in the Work all materials and equipment
stored at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER, OWNER'S
representatives, agents and employees, 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
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damages will include but 'not be limited to all costs of
repair or replacement of work of others destroyed or
i
damaged by correction, removal or replacement of
CONTRACTOR's defective Work. CONTRACTOR shall
not be allowed an extension of the Contract Times (or
Milestones) because of any delay in performance of the
Work attributable to the exercise by OWNER of OWNER's
rights and remedies hereunder.
ARTICLE 14—PAYMENTS TO CONTRACTOR AND
COMPLETION
Schedule of Values:
141 The schedule of values established as provided in
paragraph 2 9 will serve as the basis for progress payments
and will be incorporated into a form of Application for
Payment acceptable to ENGINEER Progress payments on
account of Unit Price Work will be based on the number of
units completed
Application for Progress Payment.
14.2 At least twenty days before the date established for
each progress payment (but not more often than once a
month), CONTRACTOR shall submit to ENGINEER for
review an Application for Payment filled out and signed by
CONTRACTOR covering, the Work completed as of the
date of the Application ' and accompanied by such
supporting documentation as is required by the Contract
Documents. If payment is requested on the basis of
materials and equipment not incorporated in the Work but
delivered and suitably stored at the site or at another
location 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 therem, 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
shall not be subiect to substitution by the CONTRACTOR
with securities or anv arrangements involving an escrow or
custodianship By executing the application for payment
form the CONTRACTOR expressly waives his right to the
benefits of Colorado Revised Statutes. Section 24-91-101,
et seg.
CONTRACTOR's 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 Applicationsfor Progress Payment.
14 4. ENGINEER 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
14.5. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute a
representation by ENGINEER to OWNER, based on
ENGINEER's on -site observations of the executed Work
as an experienced and qualified design professional and on
ENGINEER's review of the Application for Payment and
the accompanying data and schedules, that to the best of
ENGINEER's knowledge, information and belief:
14.5.1 the Work has progressed to the point
indicated,
14 5 2 the quality of the Work is generally in
accordance with the Contract Documents (subject to
an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion, to the results
of any subsequent tests called for in the Contract
Documents, to a final determination of quantities and
classifications for Unit Price Work under
paragraph 9 10, and to any other qualifications stated
in the recommendation), and
14 5.3 the conditions precedent to
CONTRACTOR's being entitled to such payment
appear to have been fulfilled insofar as it is
ENGINEER's responsibility to observe the Work.
However, by recommending any such payment
ENGINEER will not thereby be deemed to have
represented that: (i) exhaustive or continuous on -site
inspections have been made to check the quality or the
quantity of the Work beyond the responsibilities
specifically assigned to ENGINEER in the Contract
Documents or (n) that there may not be other matters or
issues between the parties that might entitle
CONTRACTOR to be paid additionally by OWNER or
entitle OWNER to withhold payment to CONTRACTOR.
14.6 ENGINEER's recommendation of any payment,
including final payment, shall not mean that ENGINEER
is responsible for CONTRACTOR's means, methods,
techniques, sequences or procedures of construction, or
the safety precautions and programs incident thereto, or
for any failure of CONTRACTOR to comply with Laws
and Regulations applicable to the furnishing or
performance of Work, or for any failure of
CONTRACTOR to perform or furnish Work in
accordance with the Contract Documents.
14 7. ENGINEER may refuse to recommend the whole
or any part of any payment if, in ENGINEER's opinion, it
would be incorrect to make the representations to
R EJCDC (313NE.RAL CONDITIONS' 1910,111990 Edition) 29
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 4/2000)
OWNER referred to in paragraph 14 5. ENGINEER may
also refuse to recommend any such payment, or, because of
subsequently discovered evidence or the results of
subsequent inspections or tests, nullify any such payment
previously recommended, to such extent as may be
necessary in ENGINEER's opinion to protect OWNER
from loss because
14 7.1 the Work is defectrve, or completed Work has
been damaged requiring correction or replacement,
14.7.2. the Contract Price has been reduced by
Written Amendment or Change Order,
1473 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 S. OWNER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 14 7.1 through 14 7.3 or paragraphs 15 2.1
through 15.2.4 inclusive;
but OWNER must give CONTRACTOR immediate
written notice (with a copy to ENGINEER) stating the
reasons for such action and promptly pay CONTRACTOR
the amount so withheld, or any adjustment thereto agreed
to by OWNER and CONTRACTOR, when
CONTRACTOR corrects to OWNER's satisfaction the
reasons for such action
Substantial Completion:
14 8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work
is substantially complete (except for items specifically
listed by CONTRACTOR as incomplete) and request that
ENGINEER issue a certificate of Substantial Completion.
Within a reasonable time thereafter, OWNER,
CONTRACTOR and ENGINEER shall make an inspection
of the Work to determine the status of completion If
ENGINEER does not consider the Work substantially
complete, ENGINEER will notify CONTRACTOR in
writing giving the reasons therefor If ENGINEER
30 EICDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
considers the Work substantially complete, ENGINEER
will prepare and deliver to OWNER a tentative certificate
of Substantial Completion which shall fix the date of
Substantial Completion. There shall be attached to the
certificate a tentative list of items to be completed or
corrected before final payment. OWNER shall have seven
days after receipt of the tentative certificate during which
to make written objection to ENGINEER as to any
provisions of the certificate or attached list. If, after
considering such 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.
14.9. OWNER shall have the right to exclude
CONTRACTOR from the Work after the date of
Substantial Completion, but OWNER shall allow
CONTRACTOR reasonable access to complete or correct
items on the tentative list
Partial Utilization:
14.10. Use by OWNER at OWNER's option of any
substantially completed part of the Work, which: (i) has
specifically been identified in the Contract Documents, or
(ii) OWNER, ENGINEER and CONTRACTOR agree
constitutes a separately functioning and usable part of the
Work that can be used by OWNER for its intended
purpose without significant interference with
CONTRACTOR's performance of the remainder of the
Work, may be accomplished prior to Substantial
Completion of all the Work subject to the following-
14 I0 1.O WNER 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 the Work ready for its intended use
and substantially complete and request ENGINEER to
issue a certificate of Substantial Completion for that
part of the Work Within a reasonable time after either
such request, OWNER, CONTRACTOR and
ENGINEER shall make an inspection of that part of
the Work to determine' its status of completion. If
ENGINEER does not consider that part of the Work to
be substantially complete, ENGINEER will notify
OWNER and CONTRACTOR in wntmg giving the
reasons therefor If ENGINEER considers that part of
the Work to be substantially complete, the provisions
of paragraphs 14 8 and 14 9 will apply with respect to
certification of Substantial Completion of that part of
the Work and the division of responsibility in respect
thereof and access thereto
14.10.2. No occuparicy 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 5.413,
(u) consent of the surety, if any, to final payment, and
(iii) complete and legally effective releases or waivers
(satisfactory to OWNER) of all Liens ansing out of or filed
in connection with the Work In lieu of such releases or
waivers of Liens and as approved by OWNER,
CONTRACTOR may furnish receipts or releases in full
and affidavit of CONTRACTOR that- (i) the releases and
receipts include all labor, services, material and equipment
for which a Lien could bel filed, and (ii) all payrolls,
material and equipment bills, and other indebtedness
connected with the Work for which OWNER or OWNER's
property might in any way be responsible have been paid or
otherwise satisfied. If any Subcontractor or Supplier fails
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 Lien Releases or waivers of liens and the consent of
the surety to finalize Tiayment are to be submitted on
forms conforming to the format of the OWNER'S standard
forms bound in the Proiect manual
Final Payment and Acceptance:
14.13. If, on the basis of ENGINEER's observation of
the Work during construction and final inspection, and
ENGINEER's review of the final Application for Payment
and accompanying documentation as required by the
Contract Documents, ENGINEER is satisfied that the
Work has been completed and CONTRACTOR's other
obligations under the Contract Documents have been
fulfilled, ENGINEER will, within ten days after receipt of
the final Application for Payment, indicate in writing
ENGINEER's recommendation of payment and present
the Application to OWNER for payment. At the same
time ENGINEER will also give written notice to OWNER
and CONTRACTOR that the Work is acceptable subject
to the provisions of paragraph 14.15 Otherwise,
ENGINEER will return the Application to
CONTRACTOR, indicating in writing the reasons for
refusing to recommend final payment, in which case
CONTRACTOR shall make the necessary corrections and
resubmit the Application Thirty days after presentation to
OWNER of the Application and accompanying
documentation, in appropriate form and substance and
with ENGINEER's recommendation and notice of
acceptability, the amount recommended by ENGINEER
will become due and will be paid by OWNER to
CONTRACTOR subiecit to paragraph 1762 of these
General Conditions
14.14. It through no fault of CONTRACTOR, final
completion of the Work is significantly delayed and if
ENGINEER so confirms, OWNER shall, upon receipt of
CONTRACTOR's final Application for Payment and
recommendation of ENGINEER, and without terminating
the Agreement, make payment of the balance due for that
portion of the Work fully completed and accepted. If the
remaining balance to be held by OWNER for Work not
fully completed or corrected is less than the retainage
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 ansing from
unsettled Liens, from defective Work appearing after
EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition) 31
w/ CITY OF FORT COLLINS MODIFICATIONS (REV V2000)
final inspection pursuant to paragraph 14.11, from
failure to comply with the Contract Documents or the
terms of any special guarantees specified therein, or
from CONTRACTOR's continuing obligations under
the Contract Documents; and
14.15.2. A waiver of all claims by CONTRACTOR
against OWNER other than those previously made in
writing and still unsettled
ARTICLE 15—SUSPENSION OF WORK AND
TERMINATION
OWNER May Suspend Work:
15.1. At any time and without cause, OWNER may
suspend the Work or 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
FJCDC GENERAL. CONDITIONS 1910-8 (1990 Edition)
32 w/ CITY OF FORT COLLINS MODIFICATIONS (REV 42000)
CONTRACTOR but which are stored elsewhere, and
finish the Work as OWNER may deem expedient. In such
case CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds all claims, costs,
losses and damages sustained by OWNER arising out of
or resulting from completing the Work such excess will be
paid to CONTRACTOR. If such claims, costs, losses and
damages exceed such unpaid balance, CONTRACTOR
shall pay the difference to OWNER. Such claims, costs,
losses and damages incurred by OWNER will be reviewed
by ENGINEER as to their reasonableness and when so
approved by ENGINEER incorporated in a Change Order,
provided that when exercising any rights or remedies
under this paragraph OWNER shall not be required to
obtain the lowest price for the Work performed.
15 3. Where CONTRACTOR's services have been so
terminated by OWNER, the termination will not affect
any rights or remedies of OWNER against
CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys due
CONTRACTOR by OWNER will not release
CONTRACTOR from liability.
15.4 Upon seven days' written notice to
CONTRACTOR and ENGINEER, OWNER may,
without cause and without prejudice to any other right or
remedy of OWNER, elect to terminate the Agreement In
such case, CONTRACTOR shall be paid (without
duplication of any items)
15 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:
155. 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 or remedy, if ENGINEER has failed to
act on an Application for Payment within thirty days after it
is submitted, or OWNER has failed for thirty days to pay
CONTRACTOR any sum ''finally determined to be due,
CONTRACTOR may upon seven days' written notice to
OWNER and ENGINEER stop the Work until payment of
all such amounts due CONTRACTOR, including interest
thereon. The provisions of this paragraph 15.5 are not
intended to preclude CONTRACTOR from making claim
under Articles 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 CONTRACTOR may exercise such
rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect
of any dispute.
ARTICLE 17—MISCELLANEOUS
Giving Notice.
17.1. Whenever any provision of the Contract
Documents requires the giving of written notice, it will be
deemed to have been validly Igiven 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 apply to this
Agreement. Reference to two Pertinent Colorado statutes
are as follows,
17 6 2 If a claim is filed, OWNER is required by
law (CRS 38-26-107) to withhold from all payments to
CONTRACTOR sufficient funds to insure the
payment of all claims for labor, materials, team hire,
sustenance, provisions, provender, or other supplies
used or consumed by CONTRACTOR or his
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EJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
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EXIIIBIT 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
161. 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 clammy dispute or other matter will
be made later than thirty days after the date on which
ENGINEER has rendered a written decision in respect
thereof in accordance with paragraph 9 11, and the failure
to demand arbitration within said thirty days' period will
result in ENGINEER's decision being final and binding
upon OWNER and CONTRACTOR If ENGINEER
renders a decision after arbitration proceedings have been
initiated, such decision may be, entered as evidence 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
163 Notice of the demand for arbitration will be
filed in writing with the other iparty 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 haslansen, 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
FJCDC GENERAL CONDITIONS 1910-8 (1990 Edition)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
164 Except as provided in paragraph 16.5 below,
no arbitration arising out of or relating to the Contract
Documents shall include by consolidation, joinder or in any
other manner any other person or entity (including
ENGINEER, ENGINEER's Consultant and the officers,
directors, agents, employees or consultants of any of them)
who is not 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.
165. Notwithstanding paragraph 16.4, if a claim,
dispute or other matter in question between OWNER and
CONTRACTOR involves the Work of a Subcontractor,
either OWNER or CONTRACTOR may join such
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
ENGINEER's Consultants that does not otherwise exist.
166. The award rendered by the arbitrators will be
final, judgment may be entered upon it in any court having
jurisdiction thereof, and it will not be subject to
modification or appeal.
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.
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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,
and such alternates, unit prices and other data, as may be requested in the
Bid Form or prior to the Notice of Award.
17.3. OWNER may consider the qualification and experience` of
Subcontractors, Suppliers, and other persons and organizations proposed for
those portions of the Work as to which the identity of Subcontractors,
Suppliers, and other persons and organizations is submitted as requested by
OWNER. OWNER also may consider the operating costs, maintenance
requirements, performance data and guarantees of major items of materials
and equipment proposed for incorporation in the Work when such data is
required to be submitted prior to the Notice of Award.
17.4. OWNER may conduct such investigations as OWNER deems necessary to
assist in the evaluation of any Bid and to establish the responsibility,
qualifications and financial ability of the Bidder's proposed
Subcontractors, Suppliers and other persons and organizations to do the
Work in accordance with the Contract Documents to OWNER's satisfaction
within the prescribed time.
17.5. If the Contract is to be awarded, it will be awarded to the lowest
responsive and responsible Bidder whose evaluation by OWNER indicates to
OWNER that the award will be in the best interest of the OWNER. Award
shall be made on the evaluated lowest base bid excluding alternates. The
basis for award shall be the lowest Bid total for the Schedule or, in the
case of more than one schedule, for sum of all schedules. Only one
contract will be awarded.
17.6. If the Contract is to be awarded, OWNER will give the Successful
Bidder a Notice of Award within forty-five (45) days after the date of the
Bid opening.
7/96
Section 00100 Page 7
EJCDC GENERAL CONDITIONS 1910-8 (1990 EdtGon) GC -AI
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/94)
0
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 Documents as indicated below.
SC-5.4.8 Limits of Liability
A. Add the following language at the end of paragraph 5.4.8.
The limit's 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.GThe 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 7 days lost due
to abnormal weather conditions.
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ISECTION 00900
ADDENDA, MODIFICATIONS AND PAYMENT
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00960 Application for Payment
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SECTION 00950
CHANGE ORDER NO.
PROJECT TITLE: Downtown Streetscape - Phase I; Bid No. 5512
CONTRACTOR:
PROJECT NUMBER:
DESCRIPTION:
1. Reason for change:
2. Description of Change:
3. Change in Contract Cost
4. Change in Contract Time:
ORIGINAL CONTRACT COST
$ .00
TOTAL APPROVED CHANGE ORDER
0.00
TOTAL PENDING CHANGE ORDER
0.00
TOTAL THIS CHANGE ORDER
0.00
TOTAL % OF THIS CHANGE ORDER
TOTAL C.O.% OF ORIGNINAL CONTRACT
ADJUSTED CONTRACT COST
$ 0.00
(Assuming all change orders approved)
_
ACCEPTED BY:
DATE: -
Contractor's Representative
ACCEPTED BY:
Project Manager
REVIEWED BY:
Title:
APPROVED BY:
Title:
APPROVED BY:
Purchasing Agent over $30,000
CC: City Clerk Contractor
Project File Architect
Engineer I Purchasing
am
DATE:
DATE:
DATE:
DATE:
Section 00950 Page 1
No Text
Section 00960
Application for Payment
Insert pages 1 - 4
9/99
18.0 CONTRACT SECURITY.
The General Conditions and the Supplementary Conditions set forth OWNER's
requirements as to performance and other Bonds. When the Successful Bidder
delivers the executed Agreement to the OWNER, it shall be accompanied by
the required Contract Security.
19.0 SIGNING OF AGREEMENT.
When OWNER gives a Notice of Award to the Successful Bidder, it will be
accompanied by the required number of unsigned counterparts of the
Agreement with all other written Contract Documents attached. Within
fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the
required number of counterparts of the Agreement and attached documents to
OWNER with the required Bonds. Within ten (10) days thereafter, OWNER
shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart
is to be accompanied by a complete set of the Drawings with appropriate
identification.
20.0 TAXES.
OWNER is exempt from Colorado State Sales and Use Taxes on materials and
equipment to be incorporated in the Work. Said taxes shall not be included
in the Contract Price. Reference is made to the General and Supplementary
Conditions.
21.0 RETAINAGE.
Provisions concerning retainage are set forth in the Agreement.
22.0 PURCHASING RESTRICTIONS.
Purchasing restrictions: The Bidder's authorized signature of this Bid
assures the Bidder's compliance with the City's purchasing restrictions. A
copy of the resolutions are available for review in the Purchasing and Risk
Management Division or the City Clerk's office.
A. Cement Restrictions: City of Fort Collins Resolution 91-121 requires
that suppliers and producers of cement or products containing cement
to certify that the cement was not made in cement kilns that burn
hazardous waste as a fuel.
23.0 COLLUSIVE OR SHAM BIDS.
Any Bid deemed by the City in its sole discretion to he a collusive or sham
Bid will be rejected and reported to authorities as such. Your authorized
7/96 Section 00100 Page 8
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SPECIAL PROVISIONS
COLLEGE AVENUE GID SIDEWALK IMPROVEMENTS — PHASE I
The City of Fort Collins Design Criteria and Standards for Streets, revised July 1996, control construction
of this project. Also applicable to this project are The City of Fort Collins Storm Drainage Design
Criteria and Construction Standards. The CDOT Standard Specifications for Road and Bridge
Construction, dated 1991, are also considered minimum standards for compliance on this project. The
following Special no supplement or modify the Standard Specifications and take precedence over
the Standard Specifications and plans.
SPECIAL PROVISIONS
Revision of Section 107 — Protection and Restoration of Property ..................................2
Revision of Section 202 — Removals..............................................................................
3
Revision of Section 202 — Sawcutting - Special..............................................................4
Revision of Section 203 — Excavation / Embankment.....................................................5
Revision of Section 210 — Adjust manholes & valves....................................................7
Revision of Section 306 — Reconditioning......................................................................8
Revision of Section 403 — Asphalt Patching...................................................................9
Revision of Section 608 — Colored Concrete..................................................................12
Revision of Section 610 — Concrete Sandblasting / Lettering..........................................13
Traffic Control Plan General.....................................................................................14
Utilities.......................................................................................................15
Summaryof Work.........................................................................................................
Concrete Paving
Section 01010
02000
Aggregate Base Course
se.................................................................................................
Section 02231
StonePavers .............,....................................................................................................
.....................................................................................................
Concrete Pavers.te
Section 02517
Section 02518
Miscellaneous Si
Site Furnishings......................................................................................Section
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REVISION OF SECTION 107
PROTECTION AND RESTORATION OF PROPERTY
Section 107 of the Standard Specifications is hereby revised for this project to include the following
The limits of construction are shown on the plans and represent the maximum extent of disturbance for
measurement and payment for any contract items Disturbance beyond these limits may result in costly
repairs to existing buildings, sidewalks, and landscaping Any damages to property caused by the
Contractor's operations shall be repaired by the Contractor at no cost to The City of Fort Collins
The Contractor shall prepare a schedule prior to construction that shows specific measures that will be
employed to project private property and existing landscaping from damage during construction
The Contractor shall avoid disturbance to existing tree roots during demolition and conduction. Any
exposed tree roots must be inspected by the City Forester prior to burying, cutting, or any other activity in
the vicinity of the exposed roots Excavation within the drip line of existing trees shall be minimized. If
excavation in such areas is required, the Contractor shall consult with the City Forester (221-6361) before
beginning the excavation
Tree Protection Specifications.
A Within the drip line of any protected existing tree, there shall be no cut or fill over a four inch
(4') depth unless the City Forester has evaluated and approved the disturbance
B Prior to and during construction, barriers shall be erected around all protected existing trees with
such barriers to be of orange fencing a minimum of four foot (4) height, secured with metal t-
posts, no closer than six feet (6') from the trunk or one-half (1/2) of the drip line, whichever is
greater There shall be no storage or movement of equipment, matenal, debris, or fill within the
fenced tree protection zone
C The Contractor shall prevent the cleaning of equipment or material or the storage and disposal of
waste material such as paints, oils, solvents, asphalt, concrete, motor oil or any other material
harmful to the life of a tree within the drip line of any protected tree or group of trees
D No damaging attachments, wires, sign, or permits shall be fastened to any protected tree
E The installation of utilities, irrigation lines, or any underground fixture requiring excavation
deeper than six inches shall be accomplished by boring under the root system of protected
existing trees at a muumum depth of 24 inches The auger distance is established from the face
of the tree (outer back) and is scaled from tree diameter at breast height as described in the chart
below
Tree Diameter at Breast
Height (Inches)
Auger Distance From Face of
Tree (Feet)
0-2
1
3-4
2
5-9
5
10-14
10
15-19
12
Over 19
15
END OF SECTION
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REVISION OF SECTION 202
REMOVALS
Section 202 of the Standard Specifications is hereby revised for this project as follows
Subsection 202 01 is revised to include the following
The Contractor shall remove and dispose of all concrete sidewalk, curb and glitter, cross pans, driveways,
asphalt pavement, inlets, irrigation structures, pipe, fence, structures, foundations, retaining walls, and any
other obstructions that are designated for removal All such removals will be measured in the field and
quantities agreed to by the Contractor and the Engineer will be paid for by the square foot at the contract
unit price for Remove Highback Curb & Gutter, 4" Concrete Sidewalk, Concrete Pavement, Asphalt
Pavement, Brick Pavers
Existing signs, benches, tree grates and bicycle racks designated for removal are to be salvaged,
stockpiled on the project site, and reinstalled or surrendered to the City as shown on the plans The
Contractor shall protect the tree grates and bicycle racks from damage of any sort until they are reinstalled
under the terms of the contract
® Subsection 202 02 is revised to include the following
t Disposal Site — Materials designated for removal shall become property of the Contractor, unless noted on
the plans or specifications to be salvaged, stockpiled, or surrendered Il shall be the Contractor's
responsibility to obtain a disposal site for all unusable material that is removedi
Subsection 202 07 is revised to include the following -
Prior to removal, concrete shall be saw cut full depth to a clean and straight vertical line Pieces of
concrete which, due to the Contractor's operations, crack or break beyond the limits of construction shall
be saw cut or removed to the nearest joint and removed and replaced at the Contractor's expense The
Engineer will determine the linut of the repair
Removal of concrete for obstructions as described in section 202.01 beyond the limits designated by the
Engineer will be the responsibility of the Contractor and will not be paid for under this section
Subsection 202 11 is revised to include the following
The Contractor and the Engineer shall field measure and agree upon the quantity to be removed before the
work commences. Should the Contractor fail to request the Engineer to measure any work, the Contractor
shall not be compensated for materials that were not measured by the Engineer
The accepted quantities will be paid for at the contract unit price Haul, disposal, and stockpiling of
materials will not be measured and paid for separately
The contract unit prices and payments shall include full compensation for furnishing all labor, materials,
tools, equipment and incidentals for doing all work involved in removals, including haul and disposal as
shown on the plans anid as specified in these specifications, and as directed by the Engineer
END OF SECTION
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signature of this Bid assures that such Bid is genuine and is not a
collusive or sham Bid.
24.0 BID RESULTS.
For information regarding results for individual Bids send a self-
addressed, self -stamped envelope and a Bid tally will be mailed to you.
Bid results will be posted in the Purchasing office seven (7) days after
the Bid Opening.
7/96
END OF SECTION
Section 00100 Page 9
REVISION OF SECTION 202
SAWCUTTING - SPECIAL
Section 202 02 of the Standard Specifications is hereby revised for this project to include the following
Prior to removal, concrete shall be saw cut full depth to a clean and straight vertical line Pieces of
concrete which, due to the Contractor's operations, crack or break beyond the limits of construction shall
be saw cut or removed to the nearest joint and removed and replaced at the Contractor's expense The
Engineer will determine the limit of the repair
All sawcutting will be considered incidental to the work and will not be paid for separately
The contract unit prices and payments shall include full compensation for funnshing all labor, materials, i
tools, equipment and incidentals for doing all work involved in removals, including haul and disposal as
shown on the plans and as specified in these specifications, and as directed by the Engineer
END OF SECTION ;
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REVISION OF SECTION 203
EXCAVATION AND EMBANKMENT
Section 203 of the Standard Specifications is hereby revised as follows
Subsection 203 01 is revised to include the following
Excavation — This shall consist of excavation of 2 inches of subgrade material from beneath areas
presently covered by 4 inch thick sidewalk or to a depth of 6 inch below proposed grade This section
also covers over -excavation and backfill of any locations on the site determined[ by the Engineer to
contain unsuitable material.
Excavation includes separating the suitable fill material, hauling and disposing of any excess material or
unsuitable fill material This item shall be paid only for those areas where additional excavation is
required to result in the grades specified on the plans or for cases in which the Contractor originally
encounters unsuitable material. Over -excavation of material from ram or weather damage will not be
paid for and is entirely the Contractor's responsibility
Any required excavation is considered incidental to the construction and will not be paid for as a separate
item.
Haul will not be paid for separately, but shall be included in the work for all applicable contract items
Embankment — If unsuitable material is encountered and excavated as specified above then aggregate
base course shall be placed and compacted according to these specifications Thus item will be considered
incidental to the construction and will not be paid for as a separate item At the discretion of the Engineer
on site excavated material may be used as embankment
Embankment and subgrade material shall be compacted to 95% of maximum density +/- 2% optimum
moisture Maxunum density shall be determined by ASTM 698-78 This will apply under the roadway,
curb and gutter, sidewalk, and driveways Topsoil shall be compacted to 90% of maximum density at +/-
2% optimum moisture.
If unsuitable subgrade is encountered and the Engineer directs the Contractor to over excavate the
material, the Contractor shall use Aggregate Base Courses (Class 5 or Class 6) to backfill the over
excavated area if there is not any acceptable material onsite The proposed material shall meet the
following minimum requirements
LL Maximum 30
PI Maximum 6
'W' Value 78
9Od'
The minimum strength coefficient of the Class 5 Aggregate Base shall be 0 12
Section 203 13 is revised to include the following
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The excavations and embankments shall be finished to smooth and uniform surfaces conforming to the
typical sections specified Variations from the subgrade plan elevations specified shall not be more that
0 08 feet
END OF SECTION
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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
The Contractor shall protect existing manholes, water valves and stop boxes located within the limits of
construction from damage
When adjustment is required, the existing manholes, valves and stop boxes shal I be adjusted to final grade
by the Contractor prior to paver and/or concrete placement
All work associated with the adjustment of water valves and appurtenances shall be inspected by the
engineering inspector and/or the appropriate utility
END OF SECTION
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REVISION OF SECTION 306
RECONDITIONING
Section 306 of the Standard Specifications is hereby revised as follows
Subsection 306 02 is revised to include the following -
The top 6" of the entire subgrade shall be reconditioned by scanfymg and recompacting Sufficient water
shall be added to meet the density requirements as specified The subgrade shall be thoroughly mixed and
moistened to full depth and compacted as specified in Section 203 The reconditioned surface shall not ^i
vary above or below the Imes and grades as staked by more than 0 04 foot under asphalt, concrete
pavement, or pavers The surface shall be tested prior to application of any base course or pavement. All
defective work shall be corrected as directed The surface shall be satisfactorily maintained until base
course or pavement has been placed
Subsection 306 04 is revised to include the following —'
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The cost to do the required reconditioning shall be mcidental to construction No separate payment will
be made for reconditioning 7
END OF SECTION
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REVISION OF SECTION 403
HOT BITUMINOUS PAVEMENT - PATCHING
Section 403 of the Standard Specifications is hereby revised as follows
Subsection 403 01 is ,revised to include the following
This work shall consist of placing the specified depth of Hot Bituminous Pavement (Grading C)
over existing pavement or subgrade previously prepared by the Contractor in reasonably close
conformity with the lines, grades, thicknesses and typical cross sections shown on the plans or
established
Subsection 403.02 is revised to include the following
Patching shall be performed using a job mix formula approved by the City of Fort Collins for
2000 If not previously approved, the job mix shall be determined by the Contractor and
submitted to the Engineer for approval a mmunum of one week prior to the beginning of
construction The Contractor shall provide the Engineer with a report from an independent
testing laboratory acceptable to the Engineer The report shall state the job mix formula,
optimum oil content, and recommended mixing and placing temperatures
Subsection 403.03 is revised to include the following
Patching will: be accomplished in the following manner
A straight vertical cut shall be made through the pavement to provide a square or rectangular
opening, such that each edge of the finished patch will be parallel or at right angles to the
direction of traffic Wheel cutting shall not be allowed All patches placed in pavement not to be
overlaid shall be sawcut
If, in the opinion of the Engineer, the subgrade material for the patch is unsuitable, it shall be
removed to the limits and depths designated. If asphalt is to be planed in the extra depth, the
Contract Unit Price for Patching shall be used for measurement and payment. If the deepened
section is to be filled with Borrow, the excavation will be measured and paid for under Revision
of Section 203 - Excavation and the material paid for under the appropriate item found herein
The Contractor shall be responsible for the protection of the subgrade/base course until
subsequent courses have been placed
After the excavation has been completed, the Contractor shall prepare the subgrade by utilizing a
vibratory plate, roller, or other compaction device approved by the Engineer
After the area to be patched is prepared, the Contractor shall place an emulsified asphalt tack coat
on all pavement cut surfaces and on the lip of exposed gutter and crosspan faces that abut these
paving areas.'
11I 9
Emulsified Asphalt for tack coat shall be grade CSS-lh The tack coat shall consist of a 1 1
dilution (one (1) part emulsified asphalt to one (1) part water) The application rate for tack coat
shall be approximately 0 1 gallons per square yard
Plant Mix Bituminous Base shall be used in all locations except in locations where patching takes
place and no overlay is scheduled
Plant Mix Bituminous Base shall be placed in the bottom of the patches and shall be left one (1)
to one and one-half (1 %z) inches below the existing street surface to allow the patch to be "topped"
with a surface course material The "topping" material shall be Hot Bituminous Pavement
(Grading CX) Hot Bituminous Pavement used for "topping" material will be measured and paid
for at the Contract Unit Price for Patching
In locations where concrete repairs take place in an area of a large patch or in grind areas and the
grind operation does not immediately follow the concrete repair (three (3) days), the Contractor
shall remove no more than six (6) inches of pavement The pavement areas shall be temporarily
patched with a mimmum of two (2) inches of asphalt These locations shall be paid under the
Contract Unit Price for Patching
Regardless of the delivery temperature, the mixture shall not be placed for use on the roadway at
a temperature lower than 225 ❑ F
Pavement areas to be replaced adjacent to concrete repairs shall be completed within three (3)
working days of said concrete work
Areas requiring reduction in the quantity for Patclung shall be deducted from the pay quantity
using the following formula
Deduct 0 054 Tons Per Square Yard Inch
Subsection 403.04 is revised to include the following
Patching will be measured by the ton Pavement cutting, excavation, subgrade preparation, haul,
disposal, and bituminous materials will not be measured or paid for separately, but shall be
included in the contract price for Patching
Load slips shall be consecutively numbered for each day and shall include the batch time
Subsection 403.05 is revised to include the following
The accepted quantities for Patching will be paid for at the Contract Unit Price per Ton
Payment will be made under
Pay Item Pay Unit
Asphalt Patching
10
Ton
The above prices and, payments shall include full compensation for furnishing all labor, materials, tools,
equipment, and incidentals and for doing all the work involved in Patching, including pavement cutting,
excavation, haul, disposal, surface preparation, and bituminous materials, complete-m-place, as shown on
these plans, as specified in these specifications, and as directed by the Engineer
END OF SECTION
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REVISION OF SECTION 608
COLORED CONCRETE
Section 608 of the Standard Specifications is hereby revised for this project to include the following
Subsection 608 02 is revised to include the following -1)
Proportioning shall conform to the requirements for Class `B" concrete as described in Section 601 for
the concrete used in the construction of the sidewalks, access ramps, and curb and gutter. —
I
Colored concrete for the 4" thick sidewalk will be colored with 1 %Z lbs per sack of cement using the
following pigment
Davis No 5237, San Diego Buff, or approved equal
After finishing and before the surface of the concrete has dried it shall be protected by the application of a
thin coat of Davis W-1000 Clear Cure & Seal or approved equal
END OF SECTION
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REVISION OF SECTION 610
CONCRETE SANDBLASTING — LETTERING
Section 610 of the Standard Specifications is hereby revised for this project to include the following
Subsection 610 02 shall be modified to include the following
Concrete Stain shall be L:thichrome Grey, manufactured by
Cleveland Lrthichrome
1024 E Wall
Ft Scott, KS 66701
(316) 223-3210
or approved equal
Subsection 610 03 shall be modified to include the following
• Stencil and lettering shall be Tunes New Roman font, eight (8) inches high, placed as shown
on the plans Pattern and placement shall be approved by the Engineer prior to sandblasting
• Depth of sandblasting shall be a muumum of 3/32 inches and a maximum of 5/32 inches
• Sandblasting shall be performed using a fine grained sand
• After sandblasting is complete, all sandblasted surfaces shall be thoroughly cleaned All sand
particles, loose concrete particles, and foreign debris shall be removed Engineer shall
inspect and approve final sandblasted surface prior to application of the stain
Stam shall be applied according to the manufacturers specifications and instructions
END OF SECTION
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TRAFFIC CONTROL PLAN — GENERAL
Traffic Control for this project will include significant amounts of pedestrian traffic due to it's i
location The Contractor's traffic control plan shall specifically include methods of handling
pedestrian traffic during the construction
Access to all businesses shall remain usable at all times during business hours
The bid item for lump sum traffic control shall include the cost of construction and maintenance _
of a temporary pedestrian walkway to be used during the construction to maintain pedestrian
access throughout the duration of the construction
END OF SECTION
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UTILTIES
In addition to typical utilities that may exist in and adjacent to this pioject, electrical services are
in place beneath the existing sidewalk on College Avenue These existing services are to remain
in their present location beneath the pavement
It will be the Contractor's responsibility to protect all existing utilities from damage during the
construction
END OF SECTION
15
SECTION 02000
CONCRETE PAVING
PART 1 GENERAL
1 1 Description
PART 2 PRODUCTS
2 1 Material
PART 3 EXECUTION
3 1 Sample
3 2 Subgrade for Concrete Paving
SECTION 01010
SUMMARY OF WORK
1 1 Description of Work
A This work includes replacing the existing tile pavers in the pedestrian bulbs / sidewalks in
the following areas Mountain Avenue and College Avenue (SE comer only), and Olive
and College (primarily the two north comers, and a smaller amount of work on the south
comers) The work will include removing the existmg tile pavers and underlying
concrete, establishing new grades to improve surface drainage in the bulbs, mstallmg new
concrete pavers on a compacted aggregate / sand base, and replacement of selected curb
and gutter with required street repairs Also included is removal and replacement of
storm drainage systems at the comers including storm dram pipe, inlets, and manholes
No Text
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SECTION 02000
CONCRETE PAVING
PART 1 - GENERAL
1.1 DESCRIPTION
A This section incorporates in its entirety the City of Fort Collins Standard
Specifications for Streets and Roads with the following revisions
PART 2- PRODUCTS
2.1 MATERIAL
A. Imported fill material, if required, shall have a minimum R value of 9.
B. Concrete Pavement:
1. Modulus of rupture at 28 days. 700 psi minimum
2. Cement: Type I
3. Maximum water content: 0 49 lb/lb of cement
C. Forms:
1. Masonite for curved surfaces
a2. 2" x 6" Fir for sidewalk and rectangular surface framing.
D. Color Agent: "San Diego Buff' manufactured by Davis Colors
PART 3 - EXECUTION
3.1 SAMPLE Provide a 4' X 4' sample of proposed concrete walk surface for review by the
Owner prior to placement of sidewalks. Obtain written authorization to
proceed prior to placing remaining walk. The sample may become a part of
the permanent work if approved by the Owner If the sample is not approved,
the Contractor shall remove the test section from the site and shall place
another sample for approval.
3.2 SUBGRADE FOR CONCRETE PAVING
A. ASTM D698, Minimum Percent Compaction: 95
END OF SECTION
COLLEGE AVENUE UYIPROVEMENTS CONCRETE PAVING
Apn128, 2000 02000 -1
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SECTION 02231
AGGREGATE BASE COURSE
PART 1 GENERAL
1.1 Section Includes
1.2 Related Sections
1.3 Testing
1.4 Protection
PART 2 PRODUCTS
2 1 Materials
PART 3 EXECUTION
3.1 Examination
3.2 Preparation
3.3 Soil Separator fabric
3 4 Aggregate Placement
3 5 Tolerances
3.6 Field Quality Control
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SECTION 02231
AGGREGATE BASE COURSE
PART 1 - GENERAL
1.1 SECTION INCLUDES
A. Aggregate base course
B. Subgrade Compaction
1.2 RELATED SECTIONS
A Section 02000- Concrete Paving
B Section 02517 - Stone Pavers. Sand setting bed and Interlocking pavers over base
course
C. Section 02518 - Concrete Pavers. Sand setting bed and Interlocking pavers over base
course
1.3 TESTING
A. R.-Value test for moisture stability of base course aggregate.
1.4 PROTECTION
A. Protect all subsurface sleeving and conduit.
PART 2-PRODUCTS
2.1 MATERIALS
A. Aggregate Fill Type: Provide aggregate base course in quantities necessary to
conform with the drawings. Materials shall be sound, durable particle, free from
clay,silt or organic materials. Material shall be 100% crushed with fines graded to the
following limits:
Sieve Size %Passing
1" 100
3/4" 70-100
3/8" 50-80
COLLEGE AVENUE IMPROVEMENTS AGGREGATE BASE COURSE
Apn128, 2000 02231 -1
No.4
35-65
No.10
25-50
No.40
15-30
No. 200
5-12
B. Soil Separator Fabric: Typar3341, Mirafi 140 or approved equal
PART 3 - EXECUTION
31 EXAMINATION
A Verify subgrade has been inspected, gradients and elevations are correct, and
subgrade is dry.
3.2 PREPARATION
A. Establish a consistent subgrade depth in conformance with the dimensions shown on
the drawings.
B. Compact subgradeto 95%Standard Proctor Density (ASTMD698) within amoisture
content range of 2 percent below to 2 percent above optimum.
C. Determine moisture stability- Moisture stability is determined by R-value testing
which shows a maximum 12 point difference in R-values between exudation
pressures of 300psi and 100 psi Aggregate base course material shall be tested to
determine compliance with these specifications prior to importation to the site.
D. Correct irregularities in substrate gradient and elevation by scarifying, reshaping, and
re -compacting.
E. Do not place fill, grade or compact on soft, muddy, or frozen surfaces.
3.3 SOIL SEPARATOR FABRIC
A. Install soil separator fabric over all compacted subgrade areas to receive aggregate
base course material. Maintain clean edges that do not extend above the final surface
of the aggregate base course. Do not disturb once the separator fabric is in place.
3.4 AGGREGATE PLACEMENT
A. Spread aggregate over prepared subsgrade to the total compacted thickness shown
on the drawings.
COLLEGE AVENUE EV2ROVEMENTS AGGREGATE BASE COURSE
April 28, 2000 02231 -2
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B. Place aggregate in maximum 6 inch lifts and compact to 98% SPD (ASTM D698).
C. Level and contour surfaces to elevations and gradients required to attain the specified
finished surface elevations as shown on the drawings.
D. Add small quantities of fine aZD
ggregate to coarse aggregate as appropriate to assist
compaction
E. Use mechanical tamping equipment in areas inaccessible to compaction equipment.
3.5 TOLERANCES
A Flatness: Maximum variation of 1/2inch measured with 10 foot straight edge.
B. Variation From Design Elevation: Within 1/2 inch.
3.6 FIELD QUALITY CONTROL
A. Compaction testing will be performed in accordance with ASTM D698.
B. If tests indicate Work does not meet specified requirements, remove Work, replace
and retest.
C. Frequency of Tests: 1 per 1,000 SF
END OF SECTION
COLLEGE AVENUE IMPROVEMENTS AGGREGATE BASE COURSE
Apn128, 2000 02231 -3
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SECTION 00300
BID FORM
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SECTION 02517
STONE PAVERS
PART 1 GENERAL
1 1 Description
1.2 Related Sections
1.3 Submittals
1.4 Submittals for Information
1.5 Mock Ups
1.6 Environmental Requirements
PART 2 PRODUCTS
2.1 Paver Materials
2.2 Sand Bed materials
2.3 Accessories
2 4 Source Quality Control
2.5 protection
PART 3 EXECUTION
3.1 Examination
3 2 Sand Setting Bed
3.3 New Sandstone Pavers
3.4 Cleaning
3.5 Protection of Finished Work
SECTION 02517
STONEPAVERS
PART 1 - GENERAL
1.1 DESCRIPTION
A. Furnishing and installation of new sandstone pavers
B. Furnishing and installation of sand setting bed.
1.2 RELATED SECTIONS
A. Section 02518 - Concrete Pavers
B Section 02231 Aggregate base course: Prepared subbase for pavers.
1.3 SUBMITTALS FOR REVIEW
A. Samples:
1. Submit two F X F samples of each new paver type, illustrating style, size,
color range and surface texture of units being provided.
1.4 MOCK-UPS
A. New sandstone Pavers - Provide paver mockup, 6 feet long by 6 feet wide, which
includes setting bed, pavers, joints, and concrete banding. Sample may be retained
as part of final installation if approved by Engineer. Remove and restore setting bed
and reinstall mock up if not acceptable.
B. Mockups may remain as part of the Work if acceptable to the Engineer.
1.5 ENVIRONMENTAL REQUIREMENTS
A. At end of working day or during ramy or snowy weather, cover work exposed to
weather with waterproof coverings, securely anchored.
PART 2 PRODUCTS
2.1 PAVER MATERIALS
COLLEGE AVENUE IMPROVEMENTS STONE PAVERS
Apn128, 2000 02517-1
A. New Sandstone Pavers.
Stone Quarry: Arkms Park, Loveland, Colorado
Color- Loveland Buff
Dimensions: 3" thick, width and length shall be per the plans and details.
Finishes: Saw -cut edges, natural cleft top and bottom surfaces. Lips or abrupt
changes in the exposed surface of the stone shall not exceed 1/8-inch
22 SAND BED MATERIALS
A. Sand for Setting Bed and Joints- Clean, washed concrete sand to conform with the
following gradation:
Sieve Size
%Passine
3/8"
100
No.4
90-96
No.100
10-30
2.3 ACCESSORIES
A. Cleaning Solution: Water at ambient air temperature with a mild detergent. Submit
sample.
2.4 SOURCE QUALITY CONTROL
A. Fabrication Tolerances For Stone Units: Within 1/4 inch of actual dimensions.
2.5 PROTECTION
A. Protect all stone faces from damage. Use folded blankets, foam
rubber etc. to protect stone faces from damage by cables, chains or
other abrasive materials to be used for placing stone.
B. Use only experienced stone masons with a minimum of 5 years
experience. Masons shall be experienced in historic renovation work
and be familiar with the requirements of handling, cutting ,placing
and cleaning historic stones
PART EXECUTION
3.1 EXAMINATION
COLLEGE AVENUE IMPROVEMENTS STONE PAVERS
Apn128, 2000 02517-2
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A. Verify substrate conditions under provisions of Section 02231 Aggregate Sub base
course.
B. Verify that substrate is smooth, and capable of supporting new sandstone pavers and
imposed loads, and ready to receive work of this section.
C. Verify gradients and elevations of substrate are correct. Do not proceed if subbase
course is not installed per drawings and specifications.
3.2 SAND SETTING BED
A. Screed sand evenly over prepared substrate surface to a maximum thickness of 1 to
1 1/2 inches.
B. Do not disturb or pre -compact sand setting surface after screeding.Regrade
sand as required after placement of individual stones
3.3 SANDSTONE PAVERS.
A. Place new sandstone paver units in pattern as shown on layout plan, from
straight reference edge. Form tight joints with no greater than a 1/8" joint
dimension.
B. Move sandstone pavers with a mechanical or manual hoist, fork lift,
block and tackle or similar means. Protect sandstone from damage.
Handle carefully.
C. Establish finish grades in conformance with the drawings. Place
stones with no vertical difference in plane between stones that would
create a possible trip surface
D. Sprinkle sand over surface. Sweep into joints. Recover with additional sand until
firm joints are achieved. Sand shall be filled until flush with the top of stones.
Remove excess sand.
E. Tamp and level paver units with mechanical vibrator until units are firmly bedded,
level, and to correct elevation and gradients.
3.4 CLEANING
A. Clean sandstone surfaces using cleaning solution prior to sweeping sand into jomts.
Allow cleaning solution to dry prior to installation of sand.
COLLEGE AVENUE IMPROVEMENTS STONE PAVERS
April 28, 2000 02517-3
B. Use non-metallic tools in cleaning operations.
C. Rinse surfaces with clean water.
D. Broom clean paving surfaces after final sand operations
3.5 PROTECTION OF FINISHED WORK
A. Section 01700 - Contract Closeout: Protecting installed work.
B. Do not permit traffic over unprotected paver surface.
END OF SECTION
COLLEGE AVENUE IMPROVEMENTS STONE PAVERS
Apn128, 2000 02517-4
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PART 1 GENERAL
1.1 Description
1.2 Related Sections
1.3 References
1.4 Submittals for Review
1.5 Submittals for Information
PART 2 PRODUCTS
2.1 Manufacturers
2.2 Materials
PART 3 EXECUTION
3.1 Examination
3.2 Installation
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SECTION 02518
CONCRETE PAVERS
SECTION 02518
CONCRETE PAVERS
PART1- GENERAL
1.1 DESCRIPTION
A Concrete paver umts
B Sand bed and sandjoint filler.
1.2 RELATED SECTIONS
A. Section 02000- Concrete Paving
B. Section 02231- Aggregate Base Course
1.3 REFERENCES
A ASTM C936 - Solid Concrete Interlocking Paving Units.
14 SUBMITTALS FOR REVIEW
A. Section 01300 - Submittals: Procedures for submittals.
B. Product Data: Provide characteristics of paver unit, dimensions, and special shapes.
C. Samples: Submit four samples of each paver size, illustrating style, size, color range
and surface texture of units being provided. Construct test panel four feet by four feet
for review by Engineer. Test panel may become a part of installation if approved by
Engineer.
1.5 SUBMITTALS FOR INFORMATION
A. Section 01300 - Submittals: Procedures for submittals.
B. Manufacturer's Installation Instructions: Submit manufacturer's installation
instructions. Indicate substrate requirements, installation methods, and paver
thicknesses.
PART2-PRODUCTS
COLLEGE AVENUE IMPROVEMENTS CONCRETE PAVERS
Apn128, 2000 02518-1
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2.1 MANUFACTURER
A. Manufacturer.
1. Pavestone Company, 9401 E. 96' Avenue, Henderson, Colorado 80640,
(303)287-3700.
2. Substitutions: Not permitted
2.2 MATERIALS
A. Pavers- Conforming to the following-
1. Type: ASTM C936-82 Hydraulically pressed concrete of 8,000 psi
minimum, 28 day strength
2. Freeze/Thaw: Section 8 of ASTM C-67-73
3. Air Entrained: 5 to 7 percent.
4. Moisture Content: 7 percent.
5. Moisture Absorption Maximum of 5%
6. Model. Holland and Double Holland
7. Nominal Size -
a. Type 1 Pavers: Holland 2 3/8"H x 4"Wx 8"L
b. Type 2 Pavers: Double Holland, 2 3/8"H X 8"W X 8"L.
C. Type 3 Pavers: Double Holland, 2 3/8"H X 8"W X 8"L
7. Pattern: As Shown on Plans.
8. Color. Oaks Blend
B. Sand Setting Bed and Joints: Clean, washed concrete sand to conform with the
following gradation:
Sieve Size
%Passing
3/8"
100
No.4
90-96
No.100
10-30
PART 3 - EXECUTION
3.1 EXAMINATION
A Verify that substrate is level or to correct gradient, smooth, capable of supporting
pavers and imposed loads, and ready to receive work of this Section.
B. , Verify gradients and elevations of substrate are correct.
3.2 INSTALLATION
COLLEGE AVENUE RVIPROVEMENTS CONCRETE PAVERS
Apn128, 2000, 02518-2
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A. Use only experienced installers with 5 years prior experience and training in the
installation of concrete pavers.
B. Screed sand evenly over prepared substrate surface to a maximum thickness of 1 to
1 1/2 inches
C. Do not disturb or pre -compact sand setting surface after screeding.
D. Place paver units in pattern as shown on the plans and details, from straight
reference edge Pavers shall be laid hand tight with care taken to maintain straight
and true Ines. Joints of pavers in bands shall be aligned with joints of pavers in the
fields
E. Cutting, where necessary, shall be accomplished with a double bladed splitter or a
masonry saw Maintain tight spacedjoints.
F. After stones have been installed and the cutting has been completed, the stones shall
then be compacted into the loose sand with a plate type vibrating compactor. One
pass on all areas.
G. Sweep sand into the Joints. Vibrate with a plate type compactor until joints are full.
Joints must be filled all the way to the bottom of the chamfer on the pavers Sweep
off excess sand and remove from the site.
END OF SECTION
COLLEGE AVENUE IMPROVEMENTS CONCRETE PAVERS
Apn128, 2000 02518-3
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SECTION 02870
MISCELLANEOUS SITE FURNISHINGS
PART 1 GENERAL
1.1 Section Includes
1.2 Related Section
1.3 Submittals for Review
PART 2 MATERIALS
2.1 Existing Bench
2.2 Existing Trash Receptacles
2.3 Existing Bike Rack
2.4 Existing Tree Grate
2.5 Drain,Inlet Grate
2.6 Existing Bollard
2 7 Miscellaneous Hardware
2.8 Protection
PART 3 EXECUTION
3.1 Existing Trash Receptacle
3.2 Existing Bike Rack
3.3 Existing Tree Grate
3.4 Drain, Inlet Grate
3.5 Existing Bollard
PART 4 GUARANTY/WARRANTY
Wi
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No Text
SECTION 02870
MISCELLANEOUS SITE FURNISHINGS
PART 1 -GENERAL
A. SECTION INCLUDES
A
Existing Bench
B.
Existing Trash Receptacle
C.
Existing Bike Rack
D.
Existing Tree Grate
E.
Dram Inlet
F.
Existing Bollards
G.
Miscellaneous Hardware
H.
Samples
B. RELATED SECTIONS
A. Section 02000- Concrete Paving
B. Section 02518 - Concrete Pavers.
C. SUBMITTALS FOR REVIEW
A. Shop drawings, technical literature from the manufacturer for each of the following:
A. Dram Inlet Grate
PART 2 - MATERIALS
2.1 EXISTING BENCH
Manufacturer: Not Applicable, existing benches to be removed protected in place.
See layout plan for locations of existing benches.
2.2 EXISTING TRASH RECEPTACLE
Manufacturer: Not Applicable, existing trash receptacles to be removed and
reinstalled after pavement is in place. See layout plan for locations
Mounting: Surface mount. Fastening hardware shall be approved by the City
Representative.
COLLEGE AVENUE IMPROVEMENTS SITE FURNISHINGS
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2.3 EXISTING BIKE RACK
Manufacturer: Not Applicable, existing bicycle racks to be removed and reinstalled
after pavement is in place. See layout plan for locations.
Mounting: Surface mount Fastening hardware shall be approved by the City
Representative.
2.4 EXISTING TREE GRATE
Manufacturer: Not Applicable, existing tree grates to be removed and reinstalled
after pavement and tree grate supports are in place. See layout plan for locations.
Mountmg: Per plans and details.
2.5 DRAIN INLET GRATE
Manufacturer: Urban Accessories, 20004 144' Avenue NE, Woodinville, WA 98072,
(206)487-0488
Model: STD
Size: 24" square
Mounting: Per plans and details.
2.5 BOLLARDS
Manufacturer: Not Applicable, existing bollards to be removed and reinstalled
after pavement are in place. See layout plan for locations
Mounting- Install bollards per the bollard manufacturer's instructions
2.6 MISCELLANEOUS HARDWARE
A. Hardware: All hardware including nuts, bolts, and washers, shall be cadmium plated,
an shall conform to ASTM A307.
B. Expansion Bolts: Expansion bolts and anchors shall be galvanized. Where expansion
bolts are to fasten to concrete, they shall be Hilti "KWIK BOLT" or approved equal.
Where expansion bolts are used to fasten to concrete block or other masonry
construction, they shall be "RAWLY anchors or approved equal.
2.7 PROTECTION
A. Protect all painted surfaces from cracking or chipping during removal, storage and
installation. Use blankets, tarps etc. to protect paint surfaces while handling and
COLLEGE AVENUE IMPROVEMENTS SITE FURNISHINGS
Apn128, 2000 ; 02870 -2
storing.
B. Do not accept materials damaged during shipping. Damaged parts shall not be _
accepted. If minor repairs are required it shall be at the discretion of the Engineer
whether the items are acceptable.
C. Verify proper operation of all equipment prior to acceptance. Contractor shall be
responsible for proper operation of all materials.
PART 3 - EXECUTION
3.1 Existing Trash Receptacles Fasten in place per the manufacturers instructions or as approved _
by the City Representative. Install in locations shown on the plans and details. The City's
representative shall approve the final location of the trash receptacles prior to fastening them
in place. The contractor shall notify the City's Representative a mimmum oftwenty-four (24)
hours in advance of mounting the trash receptacles
3.2 Existing Bike Racks: Fasten in place per the manufacturers instructions or as approved by
the City Representative. Install bike racks in locations shown on the layout plans. The City's `
representative shall approve the final location of the bike racks prior to fastening them in —
place. The contractor shall notify the City's Representative a minimum of twenty-four (24)
hours in advance of fastening the bike racks.
3.3 Existing Tree Grates: Install tree grates in locations shown on the layout plans. Tree grates
shall be installed so that the top surface of the tree grate is no more than 1 /8" above or below
adjacent surfaces at any point.
3.4 Drain Inlet Grate: Install drain inlet grate per the details and the manufacturer's instructions.
Install in locations shown on the plans and details. Dram inlet grates shall be installed so that —
the top surface of the grate is no more than 1/8" above or below adjacent surfaces at any
point.
3 5 Existing Bollard Fasten in place per the manufacturers instructions or as approved by the
City Representative. Install bollards in locations shown on the layout plans. The City's
representative shall approve the final location of the bollards prior to fastening them in place.
4
The contractor shall notify the City's Representative a mimmum of twenty-four (24) hours
in advance of fastening the bollards.
PART 4-GUARANTY/WARRANTY
D. Guaranty/Warranty all new products under this section for a period of one year from l
the date of Substantial Completion. In addition to the manufacturer's product
COLLEGE AVENUE MPROVEMENTS SITE FURNISHINGS
Apn128, 2000 02870 -3
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Guaranty/ Warranty, the Contractor shall Guaranty/Warranty the installation of all
new and re -installed products in this section exclusive of normal wear and tear and
damage caused out of the Control of the Contractor. This Guaranty/Warranty shall
extend to removal and replacement of any defective materials or damaged products
arising out of the failure of the product or improper installation of the Contractor.
END OF SECTION
COLLEGE AVENUE Ev2ROVEMENTS SITE FURNISHINGS
Apn128, 2000 ; 02870 -4
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SECTION 00300
BID FORM
PROJECT: Downtown Streetscape - Phase I, Bid No. 5539
Place �'T= E)L A1.PJs f
Date 5 - U' -00
1. In compliance with your Invitation to Bid dated %(r 1 l f Z25DO
and subject to all conditions thereof, the undersigned hit_ S- T
CM a **(Corporation, Limited Liability
Company, Partnership, Joint Venture, or Sole Proprietor)** authorized to do
business in the State of Colorado hereby proposes to furnish and do
everything required by the Contract Documents to which this refers for the
construction of all items listed on the following Bid Schedule or Bid
Schedules.
2. The undersigned Bidder does hereby declare and stipulate that this proposal
is made in good faith, without collusion or connection with any other
person or persons Bidding for the same Work, and that it is made in
pursuance of and subject to all the terms and conditions of the Invitation
to Bid and Instructions to Bidders, the Agreement, the detailed
Specifications, and the Drawings pertaining to the Work to be done, all of
which have been examined by the undersigned.
3. Accompanying this Bid is a certified or cashier's check or standard Bid bond
in the sum of lc, ($
in accordance with the Invitation To Bid and
Instructions to Bidders.
4. The undersigned Bidder agrees to execute the Agreement and a Performance
Bond and a 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 performanceand payment bonds is as
follows: I NLl rJl� It-1SuRA+juL �ev�(JlkuY — 1-1-vJ(-nL 0 , Q"eA-sty
5. All the various phases of Work enumerated in the Contract Documents with
their individual jobs and overhead, whether specifically mentioned,
' included by implication or appurtenant thereto, are to be performed by the
CONTRACTOR under one of
the items listed in the Bid Schedule, irrespective of whether it is named
in said list.
6. Payment for Work performed will be in accordance with the Bid Schedule or
7/96 Section 00300 Page 1
IV
No Text
Bid Schedules subject to changes as provided in the Contract Documents.
7. The undersigned Bidder hereby acknowledges receipt of Addenda No.
through —
/'\. &—L,
CONTRACTOR
BY (� nSc� r�S I per
ADDRESS:
�C-D S f
g. BID SCHEDULE (Base Bid)
Downtown Streetscapmg - Phase I 1
8117100
olive and College (4 corners) and Mountain and College (NE corner only)
Bid Schedules
Spec/Item
Description
Total
Unit
Unit Price
Item Total
Number
Est Quantity
212
Tree Protection
17
202
Remove Highback Curb & Gutter, 4" Concrete
Sidewalk, Concrete Pavement, Asphalt Pavement,
Bnck Pavers
11700
SF
R=
210
Rmov ee, store and reset signs
1
E4
j —
210
Remove and dispose of aggregate wall
60
210
Remove, store, and reset fencing
194
LF
/+ —
210
Remove, store, and reset mail boxes
2
EA
c`c-
co °=
210
Remove, store, and reset tree grates and frames
16
EA
u—
(d
210
Adjust Manhole
1
EAjp{Z
210
Adjust Valve Box
4
EA
210
Bicycle Rack (Remove and Reset)
9
EA—
p-
7/96 Section 00300 Page 2
No Text
210
90112rds (Remove and Reset)
4pp-
604
24" x 24" Catch Basins - Urban Accessories Model
STD
13
EA
o�
Z CKX�
Z CEO
608
Colored Concrete 4" (Davis color #544)
5745
SF
3
24 S #3
F
609
Vertical Curb and Gutter - spec al
21 i
LF
'=
, p"
608
Concrete Banding - 6" (gray)
30:i
LF
—
-L-70
608
Concrete Banding - 18" (gray)
240
LF
l a -=
377Q —
610
Brick Pavers - Type I (bands)
1400
SF
610
Brick Pavers - Type II (fields)
3230
SF
fCy —
�j '3pp -
610
Sandstone Inset
1F
SF
aG —-
403
Asphalt Patching - 6"
2D
TN
i' a =
-2 )��-
cG
412
Concrete Pavement - 6"
16C0
SF
jopp =
608
Concrete Lettering -sandblasting (6 locations)
1
LS
ppcs —
7' 000 `^
630
Traffic Control
1
LS
(
O gyp=
Sub Total - Streetscapmg Improvements
(g(7 ' 5
202
Removal of structures and obstructions
1
LS
to, 00 q°
(? f)O ° =
712
18 -inch PVC G900
32'I
LF
766
18 -inch class III RCP
34
LF
Zbtj
706
24 -inch class III RCP
23
LF
—
604
Type 16 combination inlet
2
EA
4 6w"
604
Double type 16 combination inlet
2
EA
3 SOO
-7 000 =
604
5'dia manhole
3
EA
L SDI°:
j µ
604
4' dia manhole
1
EA
3 5'0c)
609
Vertical curb and gutter- Special
92
712
45 degree bend 18" PVC C-900
3
EA
l O—c
202
Remove asphalt and concrete street pavement
4329
SF
3
(Z Ct ) `=
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202
Remove and replace concrete sidewalk near type 16
inlet
85
SF
403
Asphalt Patching - 6"
20
TN
zp -
0 -
412
Concrete Pavement - 6"
1600
SF
Sub Total -Stormwater Improvements
Grand Total
2 75
&511 _J
Two Sixv 9Aef w,- A,t>'IgLroo - Dollars (S )
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 several kinds called for.
Bidder acknowledges that the OWNER has the right to delete items in the Bid
or change quantities at his sole discretion without affecting the Agreement
or prices of any item so long as the deletion or change does not exceed
twenty-five percent (25%) of the total Agreement Price.
RESPECTFULLY SUBMITTED:
Signature 455v_CSZfQT- � Date
Title
License Number (If Applicable)
(Seal - if Bid is by corporation)
Attest: pp
Address )�- �. 4�C� Y
�ttdC� CDcuS I�
Telephone q-10 - 532. - 08C)S
2 7/96 Section 00300 Page 4
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SECTION 00400
SUPPLEMENTS TO BID FORMS
0041013id Bond
00420Statement of Bidder's Qualifications
00430Schedule of Subcontractors
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�f
0
SECTION 0041-0
SID BOND
KNOW AIL TMEN BY THESE PRESENTS: that we, the undersigned Manhole Specialties
Inc 0 as Principal, and Tniand Insurance Company as
Surety, are hereby held and firmly bound unto the City of Fort 11jns. �g]orado.
as CWNER, in the adrq by Sja�L _ for the payment of which, well and
truly to be made, we .hereby Jointly and severally bind our=elves, successors, and
assigns.
THE CONDITION of _tills .obligation is suca that whereas the Principal has
submitted to the the accompanying Bid and hereby
made a part hereof to enter into a Construction Agreement for the constructio.,
of Fort Collins Project, Downtown Streetscape - Phase I; Bid No_ SS39.'
NCTW 1riEREFORE,
(a) if said Bid sht;3,l 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 Rid) ar_d shall furnish a BOND for h:,s faithful
Performance of said Contract, and for payment of all persons performing
labor or fu`-ni�6hing materials in conziection therewith, and shall in all
other respects pe,rforT the .Agreement created by the acceptance of said Bid,
then this oblir3ation''shall be void; otherwise the sai(e shall remain in
force and eff4�Ct, it being expressly understood and agreed that the
liability of the Surety for any and all claims hereunder shall, in no
event, exceed the penal amount of this obligation as herein stated.
The Surety, for value,received, hereby stipulates and agrees that the obligation
of said S%�rety and its BOND Ehail be xn .10 way impaired or affected by any
extension of the time -,within which the OWNER may accept such Bid, and said Surety
does hereby waive 24tice of any Such extension
Surety Companies exeotiting bonds must be authorized to transact busines' in the
State of Colcradp a4d be accepted by the OWNER,
Section 00410 Page 1
No Text
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_TN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands
and seals this 6.th , day of c. +e,.,be , 20__QQ and such of them as are
corporations have caused their corporate seals to be hereto affixed and these
presents to be signed by their proper officers, the day and year first set forth
above_
PRINCIPAL,
Name: Manhnla Sner-;al+ioc T
Address. P.Q. Box Y
SURETY
Berth nlid , ( n _ RQC13 T,i me-n1 D
SAndra E. Aragon
Title: &—Ing fJLtisv' Title:_ Attorney In Fact`
ATTEST.
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( SEPiL)
( SEAL )
Section 00410 Page 2
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INLAND INSURANCE COMPANY
LINCOLN, NEBRASKA
POWER OF ATTORNEY
°fIt cm C�Ren �gv (Z%ese 11resents:
That the INLAND INSURANCE COMPANY, a corporation of the State of Nebraska ha vmg its principal office in the City of Lincoln, Nebraska, pursuant
to the following Bylaw, which was adopted by the Board of Directors of the said Company on July 23, 1981, to wit
"Article V-Section 6 RESIDENT OFFICERS AND ATTORNEYS -IN -FACT The President or any Vice President, acting with any Secretary or Assistant
Secretary, shall have the authority to appoint Resident Vice Presidents and Attorneys -In Fact, with the power and authority to sign, execute, acknowledge
and deliver on its behalf, as Surety Any and all undertakings of suretyship and to affix .hereto the corporate seal of the corporation The President or any
Vice President, acting with any Secretary or Assistant Secretary, shall also have the aw homy to remove and revoke the authority of any such appointee
at any time "
does hereby make, constitute and appoint
Wayne Six or Randall P. Geving or Thomas F. Whalen or Deborah Epler,
Colorado Springs, Colorado or Sandra E. Aragon, Denver, Colorado
its true and lawful Attorney(s}In-Fact, to make, execute, seal and deliver for and on its behalf, as Surety
Any and all undertakings of suretyship
And the execution of such bonds or undertakings in pursuance of these present=, shall be as binding upon said Company, as fully and amply, to all
intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company alas offices m Lincoln, Nebraska,
in their own persons
The following Resolution was adopted at the Regular Meeting of the Board of Directors of the INLAND INSURANCE COMPANY, held on July 23, 1981
"RESOLVED, That the signatures of officers of the Company and the seal of the Company may be affixed by facsimile to any Power of Attorney ex-
ecuted in accordance with Article V-Section 6 of the Company Bylaws and that any such Power of Attorney bearing such facsimile signatures including the
facsimile signature of a certifying Assistant Secretary and facsimile seal shall be valid and binding upon the Company with respect to any bond, undertaking
or contract of suretyship to which it is attached "
All authority hereby conferred shall remain in full force and effect until terTmrated by the Company
IN WITNESS WHEREOF INLAND INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereunto affixed this loth day of October , 19_2L
INLAND INSURANCE COMPANY
Se r ry. By Vice President
State of Nebraska
ss
County of Lancaster
On this lot day of October 19_4J , before me personally came Robert PrlyPtt—,
to me known, who being by me duly sworn did depose and say that (s)he resides in the County of Seward, State of Nebraska, that (s)he is the � ice President
of the INLAND INSURANCE COMPANY, the corporation described in and which executed the above instrument, that (s)he knows the seal of the said corpora-
tion, that the seal affixed to the said instrument is such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, that
(s)he signed (his) (her) name by like order, and that Bylaw, Article V-Section 6, adopted by the Board of Directors of said Company, referred to in the preceding
instrument, is now in force
iwGE GBEAtR LD d Nlru1�
aeo0
My Commission Expires 8-22-01 Notary Public
I Jeanne Beno , Assistant Secretary of INLAND INSURANCE COMPANY, do hereby cenifv that the above
and foregoing is a true and correct copy of a Power of Attorney executed by said INLAND INSURANCE COMPANY which is still in full force and effect
Signed and sealed at the City of Lincoln Nebraska this 6 i-h day of September , 20X 2 0 0 0
'o
//�o rARPoRATE ;
i 6E G1L
:assistant Secretary
No Text
-
SECTION 00420
STATEMENT OF BIDDER'S QUALIFICATIONS
All questions must be answered and the data given must be clear and
comprehensive. This statement must be notarized. If necessary, questions may
be answered on separate attached sheets. The Bidder may submit any additional
' information he desires.
1.
Name of Bidder: M • Is .* -
} 2.
Permanent main office address: 1+4 fMo.-,«��w (�vrr
r��xsa«oa 4j
3.
When organized: 199h
5 4.
If a corporation, where incorporated: CoLoy-A ,-,
S.
How many years have you been engaged in the contracting
business under your
present firm or trade name? 4 '7
6.
Contracts on hand: (Schedule these, showing the amount of each contract and
the appropriate anticipated dates of completion.)
C',tT'-? O '� u a s 100,ODoQ-'-
S toc� Doc `'l
f)cr ! S
SEJ{zP�i�A,r AID irn���n€m� rs IZn booms
Ocr 30
�U.�DC.1Z,�hU-GfY I�SDLtt+.l. `� 1'1 � C100�
SiEAr-'3O
7.
General character Work performed by your company:
/of
! u.- Ca ocp- z l��s r2 e� to J
8. Have you ever failed to complete any Work awarded to you? /� C
' If so, where and why?
9. Have your ever defaulted on a contract? p
If so, where and why?
10. Are you debarred by any government agency? 0
:
If yes list agency name.
7/,96
Section 00420 Page 1
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9
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.
J
a
12
M
,} 13.
11
0
a
0
0
0
0
List your major equipment available for this contract.
3 (bn) -7 5 \�� s
1 (I,- 1 J•D Bit
Experience in construction Work similar in importance to this
project:
14. Background and experience of the principal members of your organization,
including officers:
3n�'AE5' o,� I z fZe
Tc>" 2>W .-4kU.. �u2
fy
15. Credit available: $ 50, OC)C
16. Bank reference: rJvvinnVtiLr--e
17. Will you, upon request, fill out a detailed financial statement and furnish
any other information that may be required by the OWNER? _
18'. Are you licensed as a General CONTRACTOR? Y40
If yes, in what city, county and state? What
class, license and numbers?
19. Do you anticipate subcontracting Work under this Contract? Ylls.
If yes, what percent of total contract? Z 5j ;?o
and to whom?
20
F
I
Are any lawsuits pending against you or your firm at this time? " (-)
If yes,
DETAIL
7/96 Section 00420 Page 2
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21. What are the limits of your public liability? DETAIL
QWhat company? I NLAV-J�� i L�ISUCA r-�
22. What are your company's bonding limitations? i Mttc,,
23. The undersigned hereby authorizes and requests any person, firm or
a corporation to furnish any information requested by the OWNER in
verification of the recital comprising this Statement of Bidder's
Qualifications. cry
Dated at this Ca day of _ j �7 20Ce.
Na Bidder
By:
= Title. �f�fi Ji
Stat f
County of
AMFZS beinq duly sworn deposes and says that he is
�, plFiur of_ 1�- S r - 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 U day of
otoiP, ' , 2000.
ti
Notary 1'
My commission expires
U
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Section 00420 Page 3
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SECTION 00430
SCHEDULE OF SUBCONTRACTORS
List all subcontractors for the work items listed below and all subcontractors
performing over 10% of the contract.
ITEM
SUBCONTRACTOR
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SECTION 00500
AGREEMENT FORMS
00510Notice of Award
0 0 5 2 0 Agreement
00530Notice to Proceed
No Text
SECTION 00510
NOTICE OF AWARD
Dane: September 28, 2000
TOJ Manhole Specialties, Inc
Downtown Streetscape - Phase I; Bid No 5539
CITY OF FORT COLLINS
(hereinafter referred to as "the OWNER")
Yo are hereby notified that your Bid dated September 8,
pr ject has been considered. You are the apparent successful
aw rded an Agreement for Downtown Streetscape - Phase I; Bic
of
1
2
Price of your Agreement is Two Hundred Sixty-three
Seventy-five cents.
2000 for the above
Bidder and have been
No. 5539.
Sixty-one Dollars
(4) copies of each of the proposed Contract Documents (except Drawings)
)any this Notice of Award. Four (4) sets of the Drawings will be delivered
itely or otherwise made available to you immediately.
must comply with the following conditions precedent within fifteen (15) days
he date of this Notice of Award, that is by October 5, 2000.
You must deliver to the OWNER four (4) fully executed
Agreement including all the Contract Documents. Ea
Documents must bear your signature on the cover of the
You must deliver with the executed Agreement the Contr<
as specified in the Instructions to Bidders, General
5.1) and Supplementary Conditions.
Fai ure to comply with these conditions within the time sp
OWN R to consider your Bid abandoned, to annul this Notice of
you Bid Security forfeited.
nterparts of the
of the Contract
t Security (Bonds)
:)nditions (Article
fied will entitle
and and to declare
Within ten (10) days after you comply with those conditions, OWNER will return to
you one (1) fully -signed counterpart of the Agreement with the Contract Documents
att shed.
7
M
B. O'Neill II, CPPO
tle
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SECTION 00020
INVITATION TO BID
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114
SECTION 00520
AGREEMENT
AGREEMENT is dated as of the 28th day of September in
1 be effective on the date this AGREEMENT is signed by
The City of Fort Collins (hereinafter called OWNER)
Manhole Specialties. Inc. (hereinafter called CONTR7
and CONTRACTOR, in consideration of the mutual
agree as follows:
CLE 1. WORK
year of 2000 and
City.
s hereinafter set
CON RACTOR shall complete all Work as specified or indicated in the Contract
Doc ments. The Project for which the Work under the Contract Documents may be
the whole or only a part is defined as replacing the existing tile pavers in the
ped strian bulbs/sidewalks in the following areas: Mountain Avenue and College
Ave ue (SE corner only), and Olive and College (primarily the two north corners,
and a smaller amount of work on the south corners). The work will include
rem ving the existing tile pavers and underlying concrete, establishing new
gra es to improve surface drainage in the bulbs, installing new concrete pavers
on compacted aggregate/sand base, and replacement of selected curb and gutter
wit required street repairs. Also included is removal and replacement of storm
dra page systems at the corners including storm drain pipe, inlets, and manholes.
and is generally described in Section 01010.
ARTICLE 2. ENGINEER
The Project has been designed by City of Fort Collins Engineering, who is
her inafter called ENGINEER and who will assume all duties and responsibilities
and will have the rights and authority assigned to ENGINEEIR in the Contract
Doc ments in connection with completion of the Work in accordance with the
Con ract Documents.
ARTICLE 3. CONTRACT TIMES
3.1 The work at Mountain and College, northeast corner, and Olive and
Col ege, northeast corner, shall be substantially complete bylNovember 30, 2000.
The work at Olive and College, northwest corner shall be substantially complete
by arch 31, 2001.
3.2. Liquidated Damages OWNER and CONTRACTOR recognize that time is of
the essence of this Agreement and that OWNER will suffer financial loss if the
Wor is not completed within the times specified in paragraph 3.1. above, plus
any extensions thereof allowed in accordance with Article 12 of the General
10/97
Section 0520 Page 1
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ul
Co
Th
a
on
agx
pa}
AR]
litions.
7 also recognize the delays, expenses and difficulties involved in proving in
gal proceeding the actual loss suffered by OWNER if the Work is not completed
:ime. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR
;e that as liquidated damages for delay (but not as penalty) CONTRACTOR shall
OWNER the amounts set forth hereafter.
1) Substantial Completion.
Two Hundred Fifty Dollars ($250.00) for each calendar day or fraction
thereof that expires after November 30, 2000, for the work at the
northeast corners of Mountain and College and Olive and College, until
the Work is Substantially Complete, and after March 31, 2001, for the
work at the northwest corner of Olive and College
2) Final Acceptance:
After Substantial Completion, Two Hundred Fifty I($250.00) for each
calendar day or fraction thereof that expires after the Fourteen (14)
calendar day period for each site for Final Payment and Acceptance
until the Work is ready for Final Payment and Acceptance.
:CLE 4. CONTRACT PRICE
4.1. OWNER shall pay CONTRACTOR for performance of tl
with the Contract Documents in current funds as follows:
Hundred Sixty-three Thousand Sixty-one Dollars and Seve
accordance with Section 00300, attached and incorporat
reference.
ARTICLE 5. PAYMENT PROCEDURES
Work in accordance
($263,061.75), Two
:y-five cents, in
1 herein by this
CONTRACTOR shall submit Applications for Payment in accordance with Article
14 of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions
5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of
the Contract Price on the basis of CONTRACTOR's Application for Payment as
recommended by ENGINEER, once each month during construction as provided below.
All progress payments will be on the basis of the progress of the Work measured
by the schedule of values established in paragraph 2 6 of thel General Conditions
and in the case of Unit Price Work based on the number of units completed, and
in accordance with the General Requirements concerning UnitlPrice Work.
5.1.1. Prior to Substantial Completion, progress paym
am unt equal to the percentage indicated below, but, in e
ag regate of payments previously made and less such amount:
de ermine, or OWNER may withhold, in accordance with par;
0/97
Section
is will be in the
!h case, less the
as ENGINEER shall
raph 14.7 of the
100520 Page 2
No Text
General Conditions. 90% of the value of Work completed until
5055 completed as determined by ENGINEER, when the retainag
Contract Price, and if the character and progress of tf
satisfactory to OWNER and ENGINEER, OWNER on recommendatio
determine that as long as the character and progress o
satisfactory to them, there will be no additional retainage
Completed in which case the remaining progress payments pr
Completion will be in an amount equal to 100% of the Work
materials and equipment not incorporated in the Work (but c
stored and accompanied by documentation satisfactory to OW
paragraph 14.2 of the General Conditions) may be included in
pa ent.
5.1.2. Upon Substantial Completion payment will be
su ficient to increase total payments to CONTRACTOR to 95% of
le s such amounts as ENGINEER shall determine or OWNER may wit
with paragraph 14.7 of the General Conditions or as provide
L the Work has been
equals 5% of the
ie Work have been
a of ENGINEER, may
the Work remain
on account of Work
for to Substantial
completed. 90% of
Lelivered, suitably
AER as provided in
the application for
made in an amount
the Contract Price,
hhold in accordance
d by law.
5.2. FINAL PAYMENT. Upon Final Completion and Accept iance of the Work in
ac ordance with paragraph 14 13 of the General Conditions, OWNER shall pay the
re ainder of the Contract Price as recommended by ENGINEER as provided in said
pa agraph 14.13.
fo:
E 6. CONTRACTOR'S REPRESENTATION
In order to induce OWNER to enter into this Agreement,
.lowing representations:
makes the
6.1. CONTRACTOR has familiarized himself with the nature and extent of the
ract Documents, Work, site, locality, and with all local conditions and Laws
Regulations that in any manner may affect cost, progress, performance or
ishing of the Work.
6.2 CONTRACTOR has studied carefully all reports of explorations and
tests of subsurface conditions and drawings of physical conditions which ase
identified in the Supplementary Conditions as provided in paragraph 4.2 of the
General Conditions.
6.3. CONTRACTOR has obtained and carefully studied (or assumes
re ponsibility for obtaining and carefully studying) all such examinations,
in estigations, explorations, tests, reports, and studies (in addition to or to
su plement those referred to in paragraph 6.2 above) which pertain to the
su surface or physical condition at or contiguous to the site or otherwise may
of ect the cost, progress, performance or furnishing of the Work as CONTRACTOR
co siders necessary for the performance or furnishing of the Work at the Contract
Price, within the Contract Times and in accordance with the other terms and
co ditions of the Contract Documents, including specifically the provisions of
10/97 Section 00520 Page 3
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0
paragraph 4.2 of the General Conditions; and no additi
investigations, explorations, tests, reports, studies or sim,
data are or will be required by CONTRACTOR for such purposes
nal examinations,
lar information or
6.4. CONTRACTOR has reviewed and checked all information and data shown or
indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes responsibility for the
accurate location of said Underground Facilities. No additional examinations,
investigations, explorations, tests, reports, studies or similar information or
data in respect of said Underground Facilities are or will be required by
CONTRACTOR in order to perform and furnish the Work at the Contract Price, within
the Contract Times and in accordance with the other terms and conditions of the
Contract Documents, including specifically the provision of paragraph 4.3. of the
General Conditions.
6.5. CONTRACTOR has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of the Contract Documents
6.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors
or discrepancies that he has discovered in the Contract Documents and the written
reslolution thereof by ENGINEER is acceptable to CONTRACTOR.
Atc
OW
Su
Do
re
re
ac
an
th
a
fo=
ICLE 7. CONTRACT DOCUMENTS
7.1 The Contract Documents which comprise the entire) Agreement between
R and CONTRACTOR concerning the Work consist of the General Conditions,
lementary Conditions, those items included in the definition of "Contract
ments" in Article 1.10 of the General Conditions, and such other items as are
renced in this Article 7, all of which are incorporated herein by this
rence.
7 2 Forms for use by CONTRACTOR in performing t
_ons in carrying out the terms of this Agreement are deem(
incorporated herein by this reference, and include, but
following:
7.2 1 Certificate of Substantial Completion
7.2 2 Certificate of Final Acceptance
7.2.3 Lien Waiver Releases
7.2.4 Consent of Surety
7.2.5Application for Exemption Certificate
7 2.6Application for Payment
7.3 Drawings, consisting of a cover sheet and sheets
D-2, L-1, L-2, G-1, G-2, C-1 TO C-4, I-1, AND I-2
lowing general title:
0/97
Work and related
Contract Documents
re not limited to,
Dered CS-1, N-1,
lusive with the
SectionJ00520 Page 4
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C
Co]lege Avenue Sidewalk Improvements
Contract Drawings shall be stamped "Final for Construction" and dated
isions made shall be clearly identified and dated
7 4. Addenda Numbers NA to NA, inclusive.
Any
7.5. The Contract Documents also include all written amendments and other
documents amending, modifying, or supplementing the Contract Documents pursuant
to paragraphs 3.5 and 3 6 of the General Conditions
7.6. There are no Contract Documents other than those listed or
in orporated by referencein this Article 7. The Contract Documents may only be
amieral
nded, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the
Ge Conditions.
ARTICLE 8. MISCELLANEOUS
8.1. Terms used in this Agreement which are defined
al Conditions shall have the meanings indicated in the
8 2. No assignment by a party hereto of any rights ui
the Contract Documents will be binding on another party
written consent of the party sought to be bound; and specific
limitations, moneys that may become due and moneys that
assigned without such consent (except to the extent that
re triction may be limited by law), and unless specific
co trary in any written consent to an assignment no assign
di charge that assignor from any duty or responsibility
Do ument.
as
Article I of the
feral Conditions.
.er or interests in
iereto without the
lly but not without
re due may not be
;he effect of this
lly stated to the
nt will release or
ender the Contract
8.3. OWNER and CONTRACTOR each binds itself, its partners, successors,
;igns and legal representatives to the other party hereto, its partners,
;cessors, assigns and legal representatives in respect to all covenants,
-eement and obligations contained in the Contract Document.
0/97
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00520 Page 5
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OWNER: CITY OFnFORT
n COLLINS CONTRACTOR: Mar
By: 2 4.'l-..�Xr By:
JOH F. 3CHBACH, CITY MANAGER
BY: V%
ES . O'NEIL , CPPO L
DIE TOR OF PURCHASING Title
AND RISK) AG MENT ^
Dat v CO �� Date: C,�'��
Att
st.
City, C1eYJ -?,
Add
ess €o,r giving not
P.
Bo 58`0n"—"
For
Collins, CO 80S22
oved as to Form
istant (ity Att
)/97
s:
e Specialties, Inc.
(CORPORATE SEAL)
Attest:
Address for giving notices:
i
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Section 00520 Page 6
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SECTION 00530
NOTICE TO PROCEED
Description of Work: Downtown Streetscape - Phase I; Bid No. 55,39
To:
This otice is to advise you:
That he contract covering the above described Work has been fully executed by
the C NTRACTOR and the OWNER.
That the required CONTRACTOR's Performance Bond and Payment Bond have been
recei ed by the OWNER.
That he OWNER has approved the said Contract Documents.
Therefore, as the CONTRACTOR for the above described Work, you are hereby
auth rized and directed to proceed within ( ) calendar days from
recei t of this notice as required by the Agreement.
Date this _ _day of , 20_
The ates for Substantial Completion and Final Acceptance shall be
and , 20_, respectively.
By:
Titl _-
MA
By:
Title
1I/IF'I:7
;DGMENT OF NOTICE
of the above Notice to Proceed is hereby acknowledged
20_
Section OQ530 Page 1
day
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SECTION 00600
BONDS AND CERTIFICATES
00610 Performance Bond
00615 Payment Bond
00630 Certificate of Insurance
00635Certificate of Substantial Completion
00640 Certificate of Final Acceptance
00650Lien Waiver Release (CONTRACTOR)
00660Consent of Surety
00670Application for Exemption Certificate
No Text
A
KNOW
SECTION 00615
PAYMENT BOND
MEN BY THESE PRESENTS: that
Bond No.i
(Firm)
(Addre s) P.n. RnX Y. Rarthnud, ('O 80513
(an In ividual), (a Partnership), (a Corporation), hereinafter
"Print pal" and
.. ,
to as the
(Firm)
Inland Tnsurancp Co.
(Addre
s) P.C. BOX 80468, Lincoln, NE 68501
herein
fter referred to as "the Surety", are held and firmly bound unto the CitX
i
of For
Collins 300 Laporte Ave. For Collins C lorado 80522 a (Municipal
Corpor
tion) hereinafter referred to as "the OWNER", in the penal sum of *
*
the pa
in lawful money of the United States, for
ent of which sum well and truly to be made, we bind ourselives, successors
and as
igns, jointly and severally, firmly by these presents.
* Two
undred sixty-three thousand sixty one & 75/100
THE CO
ITIONS OF THIS OBLIGATION are such that whereas the Principal entered
into a
certain Agreement with the OWNER, dated the 22th _ day of SpitQmhar ,
20QQ,
copy of which is hereto attached and made a part hereof for the
perfo
ce of The City of Fort Collins project, Downtown Streetscape - Phase I;
Bid No.
5539.
NOW, T
EREFORE, if the Principal shall make payment to all persons, firms,
subcont
actors, and corporations furnishing materials for or performing labor in
the pr
secution of the Work provided for in such Agreement and lany authorized
extensi
n or modification thereof, including all amounts due for materials,
lubric
ts, repairs on machinery, equipment and tools, consumed, rented or used
in cone
ction with the construction of such Work, and all insurance premiums on
said Wo
k, and for all labor, performed in such Work whether by subcontractor or
otherwi
e, then this obligation shall be void; otherwise to remain in full force
and eff
ct.
jF
11 7/96
Section 00615 Page 1
IL
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulate,
and agrees that no change, extension of time, alteration or addition to the term:
of the Agreement or to the Work to be performed thereunder or the Specification
accompanying the same shall in any way affect its obligation on this bond; an
it does hereby waive notice of any such change, extension of time, alteration of
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 CONTRACTOF
shall abridge the right of any beneficiary hereunder, whose claim may b('
unsatisfied. L
PROVIDED, FURTHER, that the Surety Company must be authorized to transact'
business in the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, eacY
one of which shall be deemed an original, this 2Rth day of SP +-PmnPr
2000.
IN PRESENCE OF: Principal „�f�• Yu„"' Olit
� � i. 1. _.. • rtir"i ..: L
Iy[�%4FQ
v, P
(Corporate Seal)
IN PRESENCE OF:
By:
Other Partners
IN PRESENCE OF:
Surety "' "�� �,g
1pf ,k) n
Sandra E. Aragon, "A;t't46&'riey-PrAn=Fact _
By: Inland Insurance Co
(Address) %;�?,"'ao; t' °�""�a1'V `
(Surety Seal)
NOTE: Date
of Bond must not be prior to date of Agreement," Slf CONTRACTOF_
is Partnership, all partners should execute�Gbad�.
7/96
Section 00615 Page 2
0
u
INLAND INSURANCE COMPANYi_
LINCOLN, NEBRASKA
POWER OF ATTORNEY
�nnfu c ��{en �v (these �reseltfs:
That ttt L,,uv-D L,,sra-kNcE Com?+xt, a corporation of the State of \'ebraska na,.mg its p--- cipal office m the CRC oflLincoln, \ebras,_ pursuant
to the follow ng Byiah µhuh µas adopted be the Board of Directors of the said Compam on JuT 23 19SI, to wit
krn le Section o RESIDE\Z OFFICERS 4\D ATTOR\E� S-1\ F4CT The Pres dent or am � ice President attmg µii n any SeerecaR or Assistart
Secretary, s u hale the authorin to appoint Resident dice Rreside�ts and 4ttomeys In Fact µ-en the poµe, and authonty to sign execwe acr.nowiedge
and dell�er o its behalf as Suety ins and all underta,,nz of sure'�smo and to affix tnere[o the corrtom[e sea' of tie corporation The P-es,dent or am
Lice Fresidei t, acting µnth any Secretan or 4ssissnt Secretary shall also hale the airronrr to re—,o.e and resoke the authon[s of am suer appointee
at am time
does hereDy nake constitute and apeoitit
Wayne Six or Randall P. Geving or Thomas F. S,'halen or Deborah Epler,
Colorado Springs, Colorado or Sandra E. Aragon, Denver, Colorado
as true and f awful In Fac[ to make, execute, sea! and deh�er fo- and on its behalf as Surety
\n� and all undertak-ngs of sL•et"shlp
And he execution of such bonds or uncienakinus m pursuance of these presents shall' be as binding upon said Compam, as fulh and amDk to all
ircents and p :poses, as if they had been dub executed and acknoµ ledged by the regularly elected offices of the Company at its offices i� Lrncolr Nebraska,
in their own persons
The f 'loµmg Pesolunon µas adopted at the Repia, x{eeting of the Board of Directors of the LYL1\D Ixsc.'a+\CE CONIPANA, held on Jult 23 1991
RES L%ED That the signaru•es of officers of tine Company and the seal of the Compam may be affixed b facsimile to am Poµer of 4ttome� ex-
ecuted in acc rdance with lrticle N Section o of the Cotnoans B� laws and that any such Power of 4ttome� beanng such facsimile signatures Including tr,e
facsimile si ature of a certif)-ing kssu[ant Secretary a-d facsimile seal sha'i be s and and omdiag upoq the Compan+ wjm respect to am bond, undertaking
or contract o suretyship to wluch it Ls attached
All a thonty hereoy conferred shall remain m lull force and effect until te-minated by the Compam
IN R T\ESS', EHkOF I\'La\D LNsi.'Bk\CE ('oNcp1Yt has caused these presents to be signed by its dice President and its corporate seal to be
hereunto aff xed this_ loth day of October 19197
i\L -1\D 1\SLRAL\CE CO�iPA\Y o°°nee
20 01,
z
41SE_1L
Se:r Bs ice President s
State of \eb aska
Counrr of Lkeaster
O� this loth _day or October 19 97 before me porsjnah_ came Robert L. Priverr
to me kroµr who bung by me duly swo-n did detvse Ind say [ha. !;)he resides m the Counrr of Seµ aye S at, of Nebraska the[ (s)he is the % ice President
of tine I\i.ws I�scalticE Co1LP�\5 the corpora inn tescnbed in anrd w hicn executeu tine abo. e in:_=erc, that (sine knows the seal of .he sa,d corpora-
tion char th seal affixed to the said instrument i=_ such corporate seal that it way so af�ixed by orde- o` the Boa-d of Di,eccor, of said corporation chat
(s)he signed ( is)(her) name b+ Lke order and that Bytav 4mcle Section b, adopted b,, the 5)a•d of Di,,^cton of said Company, referred to in the preceding
instniment, now in force
caL wunsa a 1sa
GEAALDO 7,E19
v art f
St+ Commusi n Etpire;_ 8-22-01 \Dear♦ PubLr
v
Jeanre Seno a;t
I _ ista�t it�,reta-y o' Ixu�D ItiSIP+�cr: Coy+v��l do hereby cemn thaamz aboee •,�
n;t -a
and fureg D,n �, a t•u- anti conec[ cops of a Powa- nI-�[[ornee exFw.ed b� =ate I,usD IsstR x�ct: Cos+va�i which is s[JI m Cali for. flra"el ecl,
SI._',ged and 5 al,d a' the C-,% of to 28t:h dn' S_Pntc=mhPY
YY 1 o z✓
ill
it
tiY fr$T ��G81xeRC y�.(6t.
ry+h w
I
di
ISECTION 00020
INVITATION TO BID
Date: August 17, 2000
Sealed Bids will be received by the City of Fort Coll ns (hereinafter referred
to as OWNER), at the office of the Purchasing Division, 256 West Mountain Avenue,
Fort Collins, Colorado until 3:00 P.M., our clock, on September 8, 2000, for the
Downtown Streetscape - Phase I; Bid No. 5539.
At said place and time, and promptly thereafter, all Bids that have been duly
received will be publicly opened and read aloud.
The Contract Documents provide for replacing the existing tile pavers in the
pedestrian bulbs/sidewalks in the following areas: Mountain Avenue and College
Avenue (SE corner only), and Olive and College (primariLy the two north corners,
and a smaller amount of work on the south corners). The work will include
removing the existing the pavers and underlying concrete, establishing new
grades to improve surface drainage in the bulbs, installing new concrete pavers
on a compacted aggregate/sand base, and replacement of selected curb and gutter
with required street repairs. Also included is removal and replacement of storm
drainage systems at the corners including storm drain pipe, inlets, and manholes.
Work shall be substantially complete by November 30, 2000. Contractor shall
submit a schedule detailing when work will be initiated and completed on each
1 corner. The schedule for this project is flexible. However, it is imperative
that access to businesses be restricted for the shortest. amount of time possible
and that work does not continue into December. The City may be receptive to a
schedule that allows work at one of the Olive corners to be completed in the
Spring of 2001.
All Bids must be in accordance with the Contract Documents on file with The City
of Fort Collins, 256 West Mountain Avenue, Fort Collins, Colorado 80521.
1 Contract Documents will be available Monday, August 21, 2000.
Copies of the Contract Documents, complete with Construction Specifications and
Drawings, may be'obtained from Purchasing Division at 256 West Mountain Avenue,
Fort Collins, Colorado, 80521 upon payment of a refundable fee of fifty dollars
($50.00) per set. No partial sets will be issued.
The Contract Documents and Construction Drawings may be examined at:
1. City of Fort Collins, Purchasing Division.
2. The Daily Journal, 2000 S. Colorado Blvd. Suite 2000, Denver, Colorado.
3. CMD Denver Plan Room, 9250 E Costilla Ave, STE 400, Englewood, CO
1 7/96
Section 00020 Page 1
it
No Text
SECTION 00610
PERFORMANCE BOND
Bond No. 599752
KNOW ALL MEN BY THESE PRESENTS: that
(Firm) Man hnla G}zecialties, Inc
(Address) P.O. BOXY. Berthoud, CO 80513
(an Individual), (a Partnership), (a Corporation), hereinafter referred to as the
"Principal" and
(Firm) Tnl and I.a anno CC)
(Address) P.O. BOX 80468, Lincoln, NE 68501
hereinafter referred to as "the Surety", are held and firmly bound unto City of
Fort Collins 300 Laporte Ave, Fort Collins, Colorado 80522 a (Municipal
Corporation) hereinafter referred to as the "OWNER", in the penal sum of
* _ in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, successors and
assigns, jointly and severally, firmly by these presents.
* Two Hundred sixty-three thousand sixty one & 75/100
THE CONDITIONS OF THIS OBLIGATION are such that whereas the Principal entered
into a certain Agreement with the OWNER, dated the 28th day of SP J-p n ,
200_a, a copy of which is hereto attached and made a part hereof for the
performance of The City of Fort Collins project, Downtown Streetscape - Phase I;
Bid No. 5539.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its
duties, all the undertakings, covenants, terms, conditions and agreements of said
Agreement during the original term thereof, and any extensions thereof which may
be granted by the OWNER, with or without Notice to the Surety and during the life
of the guaranty period, and if the Principal shall satisfy all claims and demands
incurred under such Agreement, and shall fully indemnify and save harmless the
OWNER from all cost and damages which it may suffer by reason of failure to do
so, and shall reimburse and repay the OWNER all outlay and expense which the
OWNER may incur in making good any default then this obligation shall be void;
otherwise to remain in full force and effect.
7/96 Section 00610 Page 1
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms
of the Agreement or to the Work to be performed thereunder or the Specifications
accompanying the same shall in any way affect its obligation on this bond; and
it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the Agreement or to the Work or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be
unsatisfied.
PROVIDED, FURTHER, that the Surety Company must be authorized to transact
business in the State of Colorado and be acceptable to the OWNER.
IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each
one of which shall be deemed an original, this _ 2th day of s c gtawbec
2(3)0
IN PRESENCE OF:
Principal
J a
a m s o n,
P r e s i�dle nt, '- �"' `�� ec:•�.�^`r��"''
t
(Title)
P_0- RnX Y, Rprt.hnud,
00 ��80`51.�•a
(Address)
(Corporate Seal)
IN PRESENCE OF:
Other Partners
By:
By:
IN PRESENCE OF:
Surat��
Sandra E. Aragon, A.ti "-r•ney=In-F,.ac,t,
Inland Insurance
By In(Address)���;nt;/
; :... �k
(Surety Seal)
NOTE: Date of Bond must
not be prior to date
of Agreement.+If CONTRACTOR
is Partnership, all partners should execute Bond.
7/96 Section 00610 Page 2
INLAND INSURANCE COMPANY.
LiNcoLN, NEBRASKA
I( � POWER OF ATTORNEY
�11IIEU CM c,Nen �U Z,i£5£ Vr£5£rit5:
That the L,,LAN-n LNsCE,1\CE CostrtiNZ, a corporation of the State of Nebraska ha%ung its o^.rcipal office Ir, it Cit) of Lincoln, Nebraska pu-suart
to the following Bylas which was adopted b) the Board of Directors of the sad Compans on Jul, 23 1951, to nit
' Article `.-Section 6 PESIDE\T OFFICERS A\D ATTOR\Et S-IN FACT The Pres den: or ans <,ce President, acting µ-ith am Secretan or Asslsanc
Secretor), shall has e the auchonR to appoint Resident � ice Presidents and Attorneys In -Fact, w,ch :he co h e- arc authorty to sip, execute achnow ledge
grid deki er on its behalf as Surety Ax, and ail undertakings of suretysntp and to affix tnerero the comorate seal of tre corporatior The President or am
dice President, acting with any Sec;etan or Assisant Secretary shall also hale the auironty to remose and resohe the authonn of any sucn appointee
at am tme '
does herecy make, constitute and auwsmt
Wayne Six or Randall P. Ceving or Thomas F. ?Ihalen or Deborah Epler,
Colorado Springs, Colorado or Sandra E. Aragon, Denver, Colorado
is true and lawful At,orney,sl-In Fact to make, execute, seal and deh%er for and on is behalf as Surers
An% and all undertakings of surer.ship
And the execution or such b)nds or undertakings in pursuance of these presents shall be as binding upon said Compan> as fulls and amph to all
irtents and purposes, as [f tne) had been duly executed and acknow ledged by the regularly e'ected officers of the Company at is offices it Lincoln Nebraska,
in tneir own persons
The following Pesoluaon wa-, adopted at the Regular Meeting of the Board of Directors of the LN-L+\D INSLHkNCE Co\ip4N-] held on Jul% 23 1931
' FESOL% ED That the signa,ures of officers of the Compam and the seal of the Compam may be affixed b% facsimile to ans Power of Aitorrie% ex-
ecuted in accordance with ] nicle � Section 6 of the Contoan% Bs laws and that am such Power of �ttornes beanng such facsimile signatures including the
facsimile signature of a certifying Assistant Secretary and facsimile seal shall be saLd and blyding upon toe Compass wirn respect to am bond undertaking
or contract of surenshtp to which IL is attached
All authonis hereby conferred shall remain in full force and effect until terminated b the Compam
IN RITNESS'AHEPEOF LNSURANCE COMPxN-] has caused these presets to be signed b% its \ Ice President and Its corporate seal to be
hereunto affixed this loth day of October 10. 97
1NL 1ND INSt Pa\CE COMP4\i tin• cF
SE:1L
Secr ,ar, B. lice President ?
State of Nebraska
Jl♦ 4a9x��
Counr% of Lancaster
On this loth dos of October 19 97 be;ore me per ona9s came Robert L. Prl-v-e tr_
to me known who being bs me dul,. swo-n did depose and say tha. ls)he resides in the Count,,, of Sew arc State of Nebras'.a that (s)ne is the � Ice President
Of the INLAND INSCE�NCE C<)VF�Nl the corporation described In and which execu,ec tre &'.e Iru.rument, that (sshe knows the seal of the sa,d corpora-
tion that the seal affixed to the said instrument is such corporate seal that it wan so affixed bs orde- of the Bond of Directors of said corporation that
(sshe signed (hu) (her) name bs hke orde• and that Bylaw Article % Section 6, adopted bs the Board of Dutton of said Compan%, referred to in the preceding
irstrument is now in force
eEauP kL srm r � nl
o o neus
ll// �✓ .Yr
My Commueslon Expires 8-22-01 Nntan PubLc U
1 Jed*lne beno ass'stant j,.rreta-. o' INLAND INstp,Nct: Cad?AN!l do hereby mnils than 'ne s7ose'
and forego;og is a t•u_ ana comet cops of a Pftrwe' of exeu'red bs svd INLAND IxciRssct COMPxv1 w��Ch Is silt In full force ano el act
Signed and sealed a- me 6 , o: L,Icom Neori,' In, 28th do o. SPptPmhPr -xx 2f)O0 ,r.t
_ to
No Text
SECTION 00630
CERTIFICATE OF INSURANCE
CONTRACTOR shall'insert his own standard form for Certificate of Insurance.
No Text
0
u
0
u
{F
I
C
a
f
F1
A001.10® CERTIFICATE OF INSURANCE ISSUE DATE (MM/DDNY)
9/27/190
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
Six & Geving Insurance, Inc. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
6208 Lehman Dr, Ste 300 POLICIES BELOW
Colorado Springs, CO 80918 COMPANIES AFFORDING COVERAGE
(719)590-9990 FAX(719)590-9992
INSURED
MANHOLE SPECIALTIES, INC.
P.O. BOX Y
BERTHOUD, CO 80513
iEOr"A Y A HAWKEYE SECURITY INSURANCE CO.
COMLETTERRANY B CALIFORNIA INDEMNITY
COMPANY C
LETTER
COMPANY D
LETTER
COMPANY E
LETTER
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
LTR
DATE (MMIDDNY) DATE (MM ID DNY)
LIMBS
A GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE X OCCUR
OWNERS & CONTRACTORS PROT
AUTOMOBILE LIABILITY
A X ANY AUTO
X ALL OWNED AUTOS
X SCHEDULED AUTOS
X HIRED AUTOS
X NON -OWNED AUTOS
GARAGE LIABILITY
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION
AND
EMPLOYERS' LIABILITY
OTHER
A BLANKET RENTAL
EQUIPMENT
PP 460805
PP 460805
C1050916A
PP 460805
DESCRIPTION OF OPERATIONS/LOCATIONSNEHII:LES/SPECULL ITEMS
ALL PROJECTS/ ALL LOCATIONS
(CITY OF FORT COLLINS
P.O. BOX 580
FORT COLLINS, CO. 8CI522
GENERAL AGGREGATE $ 2,000, 000
PRODUCT$-COMPIOP AGG $ 2,000,000
04/26/00 04/26/01 PERSONAL & ADV INJURY $ 1,000, 000
EACH OCCURRENCE $ I, 0 0 0, 000
FIRE DAMAGE (Any one fire) $ 50, 000
MED EXPENSE (Any one person) $ 5, 000
COMBINED SINGLE
LIMIT $ 1, 000, 000
04/26/00 04/26/01 BODILY INJURY
(Per person) $
BODILY INJURY
(Per accident) $
PROPERTY DAMAGE $
EACH OCCURRENCE $
AGGREGATE IS
STATUTORY LIMITS
09/02/00 09/02/01. EACH ACCIDENT IS 100,000
DISEASE - POLICY LIMIT $ 500,000
DISEASE - EACH EMPLOYEE $ 100,000
04/26/00 04/26/01 250 DED.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY, WILL ENDEAVOR TO
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES
IV
ACORD 25-S (7/90)
1990
No Text
SECTION 00635
CERTIFICATE OF SUBSTANTIAL COMPLETION
TO: CITY OF FORT COLLINS
(OWNER)
DATE OF SUBSTANTIAL COMPLETION: PROJECT TITLE: Downtown Streetscape - Phase I;
Bid No. 5539
1 PROJECT OR SPECIFIED PART SHALL LOCATION: Fort Collins. Colorado
INCLUDE:
OWNER: City of Fort Collins
CONTRACTOR:
CONTRACT DATE:
The Work performed under this
contract has been inspected by authorized
representatives of the OWNER, CONTRACTOR, and the ENGINEER and the project (or
specified part of the project,
as indicated above) is hereby declared to be
substantially completed on the
above date.
A tentative list of items to be
completed or corrected is; appended hereto. This
list may not be exhaustive, and the failure to include an item on it does not
alter the responsibility of the
CONTRACTOR to complete all the Work in accordance
with the Contract Documents.
ENGINEER
AUTHORIZED REPRESENTATIVE DATE
The CONTRACTOR accepts the above
Certificate of Substantial Completion and agrees
to complete and correct the
items on the tentative list within the time
indicated.
By:
CONTRACTOR
AUTHORIZED REPRESENTATIVE DATE
d
I1J
111
The OWNER accepts; the project or specified area of the project as substan-
tially complete and will assume full possession of the project or specified area
of the project at. 12:01 a.m., on The responsibility for
heat, utilities, security, and insurance under the Contact Documents shall be
as set forth under "Remarks" below.
CITY OF FORT COLLINS, COLORADO By:
OWNER
REMARKS:
7/96
AUTHORIZED REPRESENTATIVE
Section 00635 Page 1
DATE
4.
Builders
Exchange,
223 South Link
Lane, Fort
Collins, Colorado.
5.
The Plan
Room, 2176
South Jasmine
St. Door "E"/Suite
219, Denver, Colorado.
A prebid conference and Sob walk with representatives of prospective Bidders will
be held at 10:00 a.m. on August 29, 2000, in the Engineering Conference room at
281 N. College Avenue, Fort Collins, Colorado.
Prospective Bidders are invited to present their questions relative to this Bid
proposal at this meeting.
Bids will be received as set forth in the Bidding Documents.
The Work is expected to be commenced within the time as required by Section 2.3
of General Conditions. Substantial Completion of the Work is required as `
specified in the Agreement.
The successful Bidder will be required to furnish a Performance Bond and a
Payment Bond guaranteeing faithful performance and the payment of all bills and
obligations arising from the performance of the Contract.
No Bid may be withdrawn within a period of forty-five (45) days after the date
fixed for opening Bids.
The OWNER reserves the right to reject any and all Bids, and to waive any
informalities and irregularities therein.
Bid security in the amount of not less than 5% of the total Bid must accompany
each Bid in the form specified in the Instructions to Bidders.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City
Council, shall have a financial interest in the sale to the City of any real or ..
personal property, equipment, material, supplies or services where such officer
or employee exercises directly or indirectly any decision -making authority
concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or_ ,
accepting any gift, gratuity favor, entertainment, kickback or any items of
monetary value from any person who has or is seeking to do business with the City
of Fort Collins is prohibited
City of Fort Collins
By.
B. O'Neill, II, CPPO ICY
.sing/Risk Management Director
7/96 Section 00020 Page 2
No Text
SECTION 00640
CERTIFICATE OF FINAL ACCEPTANCE
TO:
Gentlemen:
, 20
You are hereby notified that on the _ day of 20_1 the City of
Fort Collins, Colorado, has accepted the Work completed by
for the City of Fort Collins project, Downtown
Streetscape - Phase I; Bid No. 5539.
A check is attached hereto in the amount of $ _ as Final Payment for
all Work done, subject to the terms of the Contract Documents which are dated
In conformance with the Contract Documents for this proDect, your obligations and
guarantees will continue for the specified time from the following date:
Sincerely,
OWNER: City of Fort Collins
By:
Title:
AATTEST:
Title:
7/96
Section 00640 Page 1
No Text
SECTION 00650
LIEN WAIVER RELEASE
(CONTRACTOR)
TO: City of Fort Collins, Colorado (OWNER)
FROM: (CONTRACTOR)
PROJECT: Downtown Streetscape - Phase I; Bid No. 5539
1. The CONTRACTOR acknowledges having received payment, except retainage from
the OWNER for all work, labor, skill and material furnished, delivered and
performed by the CONTRACTOR for the OWNER or for anyone in the
construction, design, improvement, alteration, addition or repair of the
above described project.
2. In consideration of such payment and other good and valuable consideration,
the receiptland adequacy of which are hereby acknowledged, the CONTRACTOR
voluntarily waives all rights, claims and liens, including but not limited
to, mechanic's liens, Miller Act claims (40 U.S.C.A. 270 a and b), stop
notices, equitable liens and labor and material bond rights which the
CONTRACTOR may now or may afterward have, claim or assert for all and any
work, labor, skill or materials furnished, delivered or performed for the
construction, design, improvement, alteration, addition or repair of the
above described project, against the OWNER or its officers, agents,
employees or assigns, against any fund of or in the possession or control
of the OWNER, against the project or against all land and the buildings on
and appurtenances to the land improved by the project.
3. The CONTRACTOR affirms that all work, labor and materials, furnished,
delivered or performed to or for the construction, design, improvement,
alteration, addition or repair of the project were furnished, delivered or
performed by the CONTRACTOR or its agents, employees, and servants, or by
and through the CONTRACTOR by various Subcontractors or materialmen or
their agents, employees and servants and further affirms the same have been
paid in full and have released in full any and all existing or possible
future mechanic's liens or rights or claims against the project or any
funds in the OWNER'S possession or control concerning the project or
against they OWNER or its officers, agents, employees or assigns arising out
of the project.
Q4. The CONTRACTOR agrees to defend and hold harmless the OWNER, the lender, if
any, and the Surety on the project against and from any claim hereinafter
made by the: CONTRACTOR'S Subcontractors, materialmen, employees, servants,
agents or assigns against the project or against the OWNER or its officers,
7/96 Section 00650 Page 1
u.-
employees, agents or assigns arising out of the project for all loss,
damage and costs, including reasonable attorneys fees, incurred as a result
of such claims.
5. The parties acknowledge that the description of the project set forth above
constitutes and adequate description of the property and improvements to
which this Lien Waiver Release pertains. It is further acknowledged that
this Lien Waiver Release is for the benefit of and may be relied upon by
the OWNER, the lender, if any, and Surety on any labor and material bonds _
for the project.
Signed this day of 20_
CONTRACTOR
By:
Title:
ATTEST:
Secretary `
STATE OF COLORADO )
)ss. _
COUNTY OF LARIMER )
Subscribed and sworn to before me this day of-
2 0—, by
Witness my hand and official seal.
My Commission Expires:
Notary Public
7/96 Section 00650 Page 2
SECTION 00660
CONSENT OF SURETY
TO: City of Fort Collins. Colorado
(hereinafter referred to as the "OWNER")
CONTRACTOR:
PROJECT: Downtown Streetscape - Phase I; Bid No. 5539
CONTRACT DATE:
In accordance with the provisions of the Contract between the OWNER and the
CONTRACTOR as indicated above, for
on bond of
(Surety)
hereby approves of the Final Payment to the CONTRACTOR, and agrees that Final
Payment to the CONTRACTOR shall not relieve the Surety Company of any of its
obligations to the OWNER, as set forth in the said Surety Company's Bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day
of
(Surety Company)
By
ATTACH
7/96
Power 'of Attorney and Certificate of Authority of Attorney (s)-in- Fact.
Seczion 00660 Page 1
No Text
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SECTION 00670
APPLICATION FOR EXEMPTION CERTIFICATE
Insert State certificate here.
No Text
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DR 0172 (12198)
COLORADO DEPARTMENT OF REVENUE
DENVER CO 80261
(303) 232-2416
CONTRACTOR APPLICATION
FOR
EXEMPTION CERTIFICATE
Pursuant to Statute
Section 39-26.114(1)(a)(M)
00 NOT WRITE IN THIS SPACE
The exemption certificate for which you are applying must be used only for the purpose of purchasing construction and building
matenals for the exempt protect described below. This exemption does not include or apply to the purchase or rental of equipment,
supplies, and materials which are purchased, rented, or consumed by the contractor and which do not become a part of the
structure, highway, road, street, or other public works owned and used by the exempt organization
Any unauthorized use of thei exemption certificate will result In revocation of your exemption certificate and other penalties provided
by law.
A separate certificate Is required for each contract.
Subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It Is the responsibility of the prime
contractor to issue certificates to each of the subcontractors. (See reverse side.)
FAILURE TO ACCURATELY COMPLETE ALL BOXES WILL CAUSE THE APPLICATION TO BE DENIED.
Registrabon/Acrount No (to be assigned by DOR) Period
Oi70-750 (999)
89 -
'CONTRACTQR'tNF�"ORMATiON'
Trade name/DBA.
owner, partner, or corporate name
Marling address (City, State, Zip)
Contact Person
E-Mail address.
Federal Employer's identification Number Bid amount for your contract
Fax number
Business telephone number Colorado withholding tax account number
('Copies,bfcohtracp
ragreeinentpages(1,14dentifyyingthecontractiagparties'
EXf tP'�i�N.ii� � 1 A_?i�N,
and,(2)'containing-signaturesjot.cbntractmg^paRtiesmustitie:attacheif:`
Name of exempt organization (as shown on contract)
I Exempt organization's number
1
it 98 -
Address of exempt organization (City, State, Zip)
Pnncipal contact at exempt organization
Principal contacts telephone number -
Physical location of project site (give actuai address when applicable and Cities and/or County (ies) where, project is located)
Scheduled Month Day Year
Estimated Month Day Year
construction start date
completion date
I
declare under penalty of perjury in the second degree that the statements made in this application are true and
complete to the best of my knowledge.
Signature of owner, partner or corporate officer.
Title of corporate officer.
Date.
UO_NOT WHITE BELOW i HIS LINE
U
SECTION 00100
INSTRUCTIONS TO BIDDERS
1.0 DEFINED TERMS
Terms used in these Instructions to Bidders which are defined in the
Standard General Conditions of the Construction Contract (No. 1910-8, 1990
ed.) have the meanings assigned to them in the General Conditions. The
term "Bidder" means one who submits a Bid to OWNER, as distinct from a sub -
bidder, who submits a Bid to Bidder. The terms "Successful Bidder" means
the lowest, qualified, responsible and responsive Bidder to whom OWNER (on
basis of OWNER's evaluation as hereinafter provided) makes an award. The
term "Bidding Documents" includes the Advertisement or Invitation to Bid,
Instructions to Bidders, the Bid Form, and the proposed Contract Documents
(including all Addenda issued prior to receipt of Bids)
2.0 COPIES OF BIDDING DOCUMENTS
2.1. Complete sets of Bidding Documents may be obtained as stated in the
Invitation to Bid. No partial sets will be issued. The Bidding Documents
may be examined at the locations identified in the Invitation to Bid.
2.2. Complete sets of Bidding Documents shall be used in preparing Bids;
neither OWNER nor Engineer assumes any responsibility for errors or
misinterpretations resulting from the use of incomplete sets of Bidding
Documents.
2.3. The submitted Bid proposal shall include Sections 00300, 00410,
00420, and 00430 fully executed.
2.4. OWNER and Engineer, in making copies of Bidding Documents available
on the above terms, do so only for the purpose of obtaining Bids on the
Work and do not confer a license or grant for any other use.
3.0 QUALIFICATION OF BIDDERS
3.1 To demonstrate qualifications to perform the Work, each Bidder must
submit at the time of the Bid opening, a written statement of
qualifications including financial data, a summary of previous experience,
previous commitments and evidence of authority to conduct business in the
jurisdiction where the Project is located. Each Bid must contain evidence
of Bidder's qualification to do business in the state where the Project is
located or covenant to obtain such qualification prior to award of the
contract. The Statement of Qualifications shall be prepared on the form
provided in Section 00420.
7/96
Section 00100 Page 1
E,
�'i
Special Notice
Contractors who have completed this application in the past, please note the following changes in procedure:
The Department will no longer issue individual Certificates of exemption to subcontractors. Only prime contrac-
tors will receive a Contractor's Exemption Certificate on exempt projects.
r
Upon receipt of the Certificate, the prime contractor should make a copy for each subcontractor involved in the L
project and complete it by filling in the subcontractor's name and address and signing it.
The original Certificate should always be retained by the prime contractor. Copies of all Certificates that the
prime contractor issued to subcontractors should be kept at the prime contractors place of business for a
minimum of three years and be available for inspection in the event of an audit. _
Once an 89# has been assigned to you, please use the next five numbers following it for any applications
submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-
12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeed-
ing numbers will be issued by the Department of Revenue. DO NOT enter what you believe to be the next in
sequence as this may delay processing of your application. _
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SECTION 00700
GENERAL CONDITIONS
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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
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EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
WITH CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
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TABLE OF CONTENTS OF GENERAL CONDITIONS
Article or Paragraph
Number & Title
Page
Number
Article or Paragraph Page
Number & Title Number
1- DEFINITIONS„
. .. .........
. „ 1
2. PRELIMINARY MATTERS - - „ , ..............
11
1.2
Addenda,,,
Agreement
„ 1
I
21
22
Delivery of Bonds „ , „
Copies of Documents ,,,, „ ,,,,,, ,,,,,,3
3
1 3
Application for Payment.
1
23
Commencement of Contract
14
1 5
Asbestos, , -. -„ „ , _ , , ,
Bid -,,,- „ „-
, 1
1
24
Times; Notice to Proceed,,,,,,,, ......
Starting the Work ,,,, , , „ ,,,,,,,,,,,
3
1.6
Bidding Documents
1
2.5-2.7
Before Starting Construction;
1 7
Bidding Requirements , -
I
CONTRACTOR's Responsibility
1 8
Bonds, . .. .. „ .-
1
to Report; Preliminary Schediles;
1 9
Change Order , „ „ --,--„
-- i
Delivery of Certificates of
1 10
Contract Documents .... ,,,, „
,1
Insurance , , , , ,,,, ,,, , ,,,,,,,,,3-4
1.11
1.12
Contract Price , - „ ,. - --, „
Contract Times,--
1
1
2 8
2.9
Preconstruction Conference „
Initially Acceptable Schedules.. ,
„ 4
,4
1 13
CONTRACTOR „ ,,.
„ , 1
1.14
1 15
1 16
defective,,, „ „ ,,,, ,,,
Drawings-
Effective Date of the Agreement,
I
„1
„ , „ 1
3. CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE . ... . .... ....... ..........
3 1-3 2 Intent , ,,,,,,. , , „ ,,,,,,,,, , ,,,,,,•„
4
4
1.17
ENGINEER_ , ,--, „ - , ,
, 1
3 3
Reference to Standards and Speci-
1.18
1 19
ENGINEER's Consultant.
Field Order
,;, -1
1
fications of Technical Societies;
Reporting and Resolving Dis-
1.20
General Requirements „ „ ....
,2
crepancies . ,,, . „ ,,,,,, ,,, ,,,,,, ,,,4-5
1.21
1.22 a
Hazardous Waste,,, - ,,, ,,,
Laws and Regulations, Laws or
„ 2
34
Intent of Certain Terms or
Adjectives„ ,.
5
Regulations , „-, , -,,, ,
„ 2
3 5
Amending Contract Documents ,,,
„5
1.22.b
Legal Holidays
2
36
Supplementing Contract
1.23
„ , , ,-- „
Liens , „
„ „ ,
, --, , 2
Documents ,,,, , „ , ..................
. 5
1.24
Milestone- - „ - - - .
2
37
Reuse of Documents,,,, ,,,,,, , ,,,,,,,,,
5
1.25
Notice of Award ,
„ 2
1.26
1.27
Notice to Proceed , --, „ , ,
OWNER, ,,,, , ,,,, , ,,,,,,,,,,,,, „
„ 2
„ .- ,-,2
4 AVAILABILITY OF LANDS,
SUBSURFACE AND PHYSICAL CONDITIONS;
1.28
Partial Utilization ... ... .......
. ....2
REFERENCE POINTS , , , „
„5
1.29
1.30
PCBs , „ , ,- „ ,,, _, „
Petroleum, ... .... .. .......
„ 2
.. . 2
41
42
Availability of Lands,,,,,,,,,,, ,,,,,,, ,$-6
Subsurface and Physical
1.31
Project,-, , ,---„ ,
,,,, , , 2
Conditions„ „ „ ,,,,,,,,,,,,
,,,6
132.a
Radioactive Material „ , „
„ ,2
42 1
Reports and Drawings„ ,,,,,,,,,,,,,,,,,,,6
132-b
Regular Working Hours ,-, , ,- -„-,
, -
4.2.2
Limited Reliance by CONTRAC-
1.33
Resident Project Representative ......
:2
2
TOR Authorized; Technical
1.34
Samples - ,- -„-, ,
..... .... .
,,,, 2
Data ,,,,,,, ,,,,,,,,,,, , ......
....... ..
1.35
1.36
Shop Drawings,- ... ..... „ -
Specifications „ , „ ,
----„- 2
2
4.2.3
Notice of Differing Subsurface
or Physical Conditions , „
„6
1.37
Subcontractor „ „
, , 2
424
ENGINEER s Review
1.38
1.39
Substantial Completion „ ,
Supplementary Conditions--
, „ 2
-• - 2
4 2 5
Possible Contract Documents
Change • --•, , ,,, , ,,,,,,,, ,,,,,, ,,,,,,,
6
140
Supplier, „
„ - 2
4 2 6
Possible Price and Times
1.41
Underground Facilities
,,2-3
Adjustments ,,,, ,,,,,,,,, ,,,
6-7
1.42
Unit Price Work ,,,,,, , ,,,, ,
, ,,,, 3
43
Physical Conditions --Underground
1.43
Work -- -„ „ ,
„ , ,- 3
Facilities. -, , .... ......
1.44
Work Change Directive--.--„--,,,
, -„ .3
43 1
Shown or Indicated-„,,,, ,,, ,,,,,,,,,,,,
7
a
145
Written Amendment ,,,- „ ,,,,
, „ „
4.32
44
Not Shown or Indicated :::::„:::::.:7
Reference Points,,,,,- ,,, „ ,7
i�
E1CDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
Article or Paragraph Page Article or Paragraph Page
Number & Title Number Number & Title Number
45
Asbestos, PCBs, Petroleum,
6.25
Submittal Proceedures; CON -
Hazardous Waste or
TRACTOR's Review Prior
Radioactive Material ............
..7-8
to Shop Drawing or Sample
-
Submittal ........ ....................16
5 BONDS AND
INSURANCE .. ......... .....
..... 8
626
Shop Drawing & Sample Submit-
`
5 1-5.2
Performance, Payment and Other
tals Review by ENGINEER ...
16-17
Bonds ................ ...... ..
....8
6.27
Responsibility for Variations
5 3
Licensed Sureties and Insurers;
From Contract Documents .....
, 17
-
Certificates of Insurance „ .
.. 8
628
Related Work Performed Prior
54
CONTRACTOR's Liability
to ENGINEER's Review and
_
Insurance. .... ...... ....... ........
.9
Approval of Required
5 5
OWNER's Liability Insurance .,
. 9
Submittals..............................17
5.6
Property Insurance ...... ..
9-10
6.29
Continuing the Work ............
....17
57
Boiler and Machinery or Addi-
630
CONTRACTOR's General
tional Property Insurance ...
.. _ 10
Warranty and Guarantee .......
, 17
`-
5 8
Notice of Cancellation Provision, _
.10
6 31-6 33
Indemnification..... .. „ . ........
17-18
5.9
CONTRACTOR's Responsibility
6.34
Survival of Obligations..............i8
for Deductible Amounts. .., ..
...10
5.10
Other Special Insurance„ . .....
„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
7 4
Coordination . , ,..,,, ,., ,
18
`
Insurance Proceeds. , ,. ...
10-11
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 RESPONSIBILITIES.. ..
...11
When Due
18
6.1-6 2
Supervision and Superintendence
. 11
8 4
Lands and Easements; Reports
6.3-6 5
Labor, Materials and Equipment
11-12
and Tests ................... .
.18-19
r-
6.6
Progress Schedule. ........ .. ........12
8.5
Insurance.._.. ....... ............
... 19
6 7
Substitutes and "Or -Equal" Items,
8 6
Change Orders ..........................19
`J
CONTRACTOR's Expense,
8 7
Inspections, Tests and
Substitute Construction
Approvals ..... ............ ...... ........19
Methods or Procedures;
8 8
Stop or Suspend Work;
--
ENGINEER's Evaluation . .....
12-13
Terminate CONTRACTOR's
6.8-6 11
Concerning Subcontractors,
Services . . ......... ................19
Suppliers and Others;
8.9
Limitations on OWNER'S
Waiver of Rights........ _ ......
13-14
Responsibilities„ ...................19
6 12
Patent Fees and Royalties
.. .14
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
6 16
Use of Premises . ...
....15
Arrangements .............
...19
6 17
Site Cleanliness,_ _ _ .__ ...
._. 15
6 18
Safe Structural Loading... .....
.. _ 15
9. ENGINEER'S STATUS DURING
6.19
Record Documents.. ... ......
...15
CONSTRUCTION... ...... .......... . ..........
_. 19
6.20
Safety and Protection... . ___.. ...
15-16
9 1
OWNER's Representative....... ........
19
6.21
Safety Representative________ _____ _
_ "16
9 2
Visits to Site................. ..
6.22
Hazard Communication Program$
....16
9 3
Project Representative...........
19-21
6 23
Emergencies ........ .... ........ .......16
9.4
Clarifications and Interpre-
6 24
Shop Drawings and Samples .........
16
tations... ..........................
... 21
J
9 5
Authorized Variations in M6rk......21
uu
EICDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)
u
Article or Paragraph Page
Number & Title Number
9.6
Rejecting Defective Work , ..... , ,
,_„ 21
9 7-9.9
Shop Drawings, Change Orders
and Payments ...... ........
21
910
Determinations for Unit Prices _
21-22
9 11-9 12
Decisions on Disputes, ENGI-
NEER as Initial Interpreter
„22
913
Limitations on ENGINEER's
Authority and Responsibilities..
22-23
CHANGES IN THE WORK „ ..........
. 23
10 1
OWNER's Ordered Change,
23
102
Claim for Adjustment „ .........
23
103
Work Not Required by Contract
Documents.. . .... .. . .. ....
.. 23
10.4
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
11.4
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
119
Unit Price Work ............... . . ..
.....26
CHANGE OF CONTRACT TIMES ....... .............26
12.1
Claim for Adjustment
,_ . 26
12.2
Time of the Essence„ „ „_ ..._
.....26
12.3
Delays Beyond CONTRACTOR's
Control .. .... . . . ...... ......
26-27
12.4
Delays Beyond OWNER's and
CONTRACTOR's Control_ „ ....
.27
TESTS AND INSPECTIONS, CORRECTION,
REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK ......... ............. ... .....
27
131
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
Article or Paragraph
Number & Title
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
14.2
Application for Progress
Payment, .......... .....29
14.3
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 Inspectiori,,,
, ,,,31
14 12
Final Application for Payment ........
31
14 13-14 14
Final Payment and Acceptance,
„ .31
14.15
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
17.1
Giving Notice ..... . .......... „
... .. 33
17.2
Computation of Times ... ...... .
......33
17.3
Notice of Claim
33
17.4
Cumulative Remedies, ..... „ ,
.... , 33
175
Professional Fees and Court
Costs Included , ,
33
17.6
Applicable State Laws „
„ 33-34
Intentionally left blank . ....... . ..... . ...............
„35
EXHIBIT GC -A (Optional)
Dispute Resolution Agreement „,, ,,,,,,,,,,,,,,,GC -Al
16 1-16.6 Arbitration ... „ .... ,GC -Al
167 Mediation ... . . .......... ........GC -Al
ry
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDMON)
w/ CITY OF FORT COLLINS MODIFICATIONS (REV 9/99)